01/25/2024 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, January 25, 2024 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Terri Werner at 6:04 PM in the City Hall Auditorium. In compliance with the Open Public Meetings Act, adequate notice was provided. Roll Call: Mrs. Werner, Chairperson Present Mr. Venuto, Vice Chairperson Present Mr. Ledwin Present Mrs. Notch Present Ms. Sheehan Present Mr. Walsh Present Mr. Zektzer Present Mr. Cataldo (Alt. 1) Absent Mr. Bodnar (Alt. 2) Present Also Present: Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer Karen Keenan, Board Assistant Oaths of Office: Oaths of Office: Members with expiring terms took the Oath of Office, as administered by Solicitor King. Chairperson: Motion made by Mr. Venuto to nominate Terri Werner for Chairperson, seconded by Mrs. Notch and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Vice Chairperson: Motion made by Mrs. Werner to nominate Sam Venuto as Vice Chairperson, seconded by Mr. Ledwin and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Board Attorney: Motion made by Mrs. Werner to appoint Richard King, Esquire, as Board Attorney, seconded by Mr. Venuto and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. City of Cape May Zoning Board of Adjustment Meeting Minutes, January 25, 2024 Page 1 Solicitor King thanked the Board for the appointment. Board Engineer: Motion made by Mrs. Werner to appoint Craig R. Hurless, PE, PP, CME of Polistina & Associates as Board Engineer, seconded Mrs. Notch and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Engineer Hurless thanked the Board for the appointment. Meeting Dates and Time: Motion made by Mr. Ledwin to adopt the meeting dates and time for the 2024 Zoning Board of Adjustment, with no change to the meeting time, seconded by Mr. Zektzer and carried 7- 0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Official Newspapers: Motion made by Ms. Sheehan to designate Cape May County Herald official newspaper for public notification purposes and the Press of Atlantic City specifically as the newspaper only in the event the Cape May County Herald is unable to publish for public notification purposes, seconded by Mr. Venuto and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Resolution(s): Motion made by Mrs. Notch to adopt Resolution number 01-25-2024: 1, accepting Zoning Board Attorney contract, seconded by Mr. Zektzer and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Motion made by Mrs. Notch to adopt Resolution number 01-25-2024: 2, accepting the Zoning Board Engineer contract, seconded by Mr. Zektzer and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Motion made by Ms. Sheehan to adopt Resolution number 01-25-2024: 3, Abby’s Cove LLC (Andrew Drake), 1302 Texas Avenue, seconded by Mr. Venuto and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Minutes: City of Cape May Zoning Board of Adjustment Meeting Minutes, January 25, 2024 Page 2 Motion was made by Ms. Sheehan to adopt the meeting minutes of December 28, 2023, seconded by Mr. Zektzer and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Application(s): Lisa Caselton 217 Perry Street, Block 1038, Lot(s) 5.01 Attorney Nick Talvacchia of Cooper Levenson Attorneys at Law introduced this application, an appeal of a decision of the zoning officer. Owner Lisa Caselton, her husband, Steve Console, Professional Engineer and Planner Andrew Schaeffer of Schaeffer Nassar Scheidegg Consulting Engineers LLC, and Board Engineer Hurless were sworn in by Solicitor King. Chairperson Werner accepted Planner Schaeffer as an expert in planning. Planner Schaeffer described the addition of a shed as seen on drawing ZP-1 Proposed Renovations which was included in the application materials. He said the application had not been presented to the Historic Preservation Commission (HPC). Planner Schaeffer presented Exhibit A-1 – a street view of the entrance to Chestnut Street which is fifteen feet wide. He read the definitions of alley and street and said an alley is one of the categories of a street. He said the alley gives access to this property from the rear. Board members were allotted time for questions. Solicitor King asked if the entrance to Chestnut Street is a major entrance, and Planner Schaeffer said no. Chairperson Werner asked if they park in the rear. Owner Caselton replied yes and said a lot of people drive through, and it can be noisy. Member Sheehan asked about the use of the shed and will it have air conditioning and heat. Owner Caselton replied it would be for storage and physical fitness and a mini split would provide heat and air conditioning. Engineer Hurless said that makes it habitable space. Member Ledwin asked why not move the existing shed, and Owner Caselton said that shed is used for bicycles. Engineer Hurless then summarized his memorandum dated October 19, 2023 including his completeness review and described the board’s power and procedure regarding the appeal. He reviewed the comments in the denial by the Zoning Official and agreed with his comments regarding the ordinance in effect at the time of the review. He read the definition of a building front which was provided by the applicant and said it is up for interpretation. He also read the definitions of building setback line, corner lot, street line, front yard, and rear yard. He read from §525-55A4 and said he has consistently applied the building setback line in the absence of a specific definition of building front line. He believed the intent of the ordinance is to not allow accessory structure between the principal structure and any right-of-way line. Engineer Hurless felt the intent was to preserve the streetscape, so there are no accessory structures and pools between the face of any structure and the street line and agrees as a planner. City of Cape May Zoning Board of Adjustment Meeting Minutes, January 25, 2024 Page 3 Board members were allotted time for questions of Engineer Hurless. Member Bodnar asked if there is any other guidance in the ordinance regarding outbuildings. Engineer Hurless replied no and read from §525-55A Single- or two-family dwelling accessory uses. He saw no specific control for sheds in the code book. Engineer Hurless said the Zoning Officer got it right when he denied the application. Attorney Talvacchia felt the issues are whether this is a rear yard or a front yard and what setback applies: ten feet for accessory setback or twenty foot setback. He felt the Zoning Officer erred in this case. Solicitor King did not agree and referred to §525-59 Common development standards, which treats zoning with regard to streetscape and surrounding houses. Discussion was opened to the public within two hundred feet and beyond at 7:18 PM and closed with no public coming forward to comment. Solicitor King explained the vote to the board. Motion was made by Ms. Sheehan to affirm, agree with the Zoning Officer, or reverse, disagree with the Zoning Officer, seconded by Mr. Venuto and the decision by the Zoning Officer was affirmed 7-0. Those affirming: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those reversing: None. Those abstaining: None. Bassett Family LLC 701 Kearney Avenue, Block 1063 Lot(s) 9 Attorney Ray Went of Nehmad Davis & Goldstein PC Counselors at Law introduced the application to appeal a decision of the Zoning Officer and to seek variance relief and extension of time of prior variance/waiver approvals. Attorney Went said the required roof pitch was not addressed in the 2021 application. He set aside the appeal of the decision of the zoning officer to seek the variance for roof pitch. He said the basis to approve roof pitch variance is exactly the same as when the application was previously approved in 2021. He shared the Historic Preservation Commission (HPC) approved the roof pitch design and also approved a two-year extension of time application. Engineer Hurless asked specifically if the HPC approved the roof pitch design, and Attorney Went confirmed that the HPC approved the design. He went on to say the basis for variance approval for the roof pitch is the same as the entire basis for the last approval including that the design is aesthetically pleasing, historically accurate, architecturally sound and balanced and the project advances the purposes of zoning. Engineer Hurless then summarized his memorandum dated November 1, 2023 including his comment on the variance for minimum roof slope which was missed during the consideration of the application in 2021. He explained that the roof slope is 2.4 inches in twelve inches. He said the Zoning Officer caught what was missed. Engineer Hurless said all items classified as conditions of approval in 2021 will still apply if the variance is granted. Board members were allotted time for questions. City of Cape May Zoning Board of Adjustment Meeting Minutes, January 25, 2024 Page 4 Discussion was opened to the public within two hundred feet and beyond at 7:33 PM with no public coming forward to comment. Solicitor King explained the vote to the board. Motion made by Mr. Ledwin to approve the variance for roof pitch, seconded by Mr. Zektzer carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Motion made by Mr. Zektzer to approve a two-year extension of time, seconded by Ms. Sheehan carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Cape Home Investment II LLC 401 Pittsburgh Avenue, Block 1165 Lot(s) 4.02 Attorney John Amenhauser of DeWeese Law Firm introduced the application for building setback variance and parking in a sight triangle variance. He described the lot as a vacant corner lot fronting both Pittsburgh Avenue and Idaho Avenue and the plan is to orient the front toward Pittsburgh Avenue. Managing Member Marcello Mogavero and Engineer Brian Murphy of MV Engineering were sworn in by Solicitor King. Board Engineer Craig Hurless remained under oath. Chairperson Werner accepted Engineer Murphy as an expert in engineering. Engineer Murphy described the existing conditions at the property and referred to the site plan that was submitted with the application. He said the proposed dwelling will be consistent with the neighborhood, and the setback variance can be granted under the c-1 and c-2 standards, as the benefits outweigh the detriment and there is no substantial detriment to the zoning ordinance nor the zone plan. He said the property to the rear of the house will be undeveloped for environmental reasons. Member Venuto asked for the setback on Idaho Avenue. Attorney Amenhauser said the setback is eight feet—the same as a neighboring property on Idaho Avenue. Engineer Murphy said there was an error on the site plan—there is parking in the garage and two spaces under the deck in the driveway. The drawing should have shown the parking under the deck not in the sight triangle. He believed that a variance for sight triangle parking is not needed after the plan is corrected and that the parking will meet city regulations. Engineer Hurless then summarized his memorandum dated January 2, 2024 including his completeness review with no waivers needed. He agreed the parking in sight triangle variance could be struck from his review comments. He described the zoning requirements and summarized the details of the variance requested. The General Review Comments 1-12 were reviewed and explained in detail with all items being classified as conditions of approval including the applicant to clarify and provide evidence of approval for sewer and water connections, and a deed restriction that if Idaho Avenue is extended that the applicant agrees to extend sidewalk to the rear of the lot. The Fire Department and Public Works approved the project City of Cape May Zoning Board of Adjustment Meeting Minutes, January 25, 2024 Page 5 in their reports dated January 19, 2024 and January 11, 2024 respectively. He said the plan should be redesigned to reflect the Shade Tree Commission condition listed in their report dated January 9, 2024: deciduous tree to right rear of lot should be protected with a mesh or solid barrier one foot per inch of diameter to prevent root damage during construction, and the applicant agreed. Board members were allotted time for questions. Member Sheehan asked about the discharge of the stormwater to the rear and lot numbers. Engineer Hurless replied that the stormwater discharge is directed to the rear due to the topography of the site. Member Sheehan expressed concern about parking in the sight triangle. Engineer Hurless said the plan design will be revised to show parking pushed forward out of the sight triangle. Attorney Amenhauser explained that a structure had straddled the lot, and a subdivision is not required when the lots are conforming. The Tax Assessor has confirmed the lot numbers. Regarding 311 Pittsburgh Avenue, Attorney Amenhauser showed Planning Board resolution 11-09-2017: 1 which shows an eight foot setback granted for that property across from the subject property. Member Walsh asked about the requirement of the extension of the sidewalk. The applicant agreed to file a deed notice. Member Ledwin asked about support posts for the deck, and Engineer Murphy agreed to clarify the posts in the revised drawings. Discussion was opened to the public within two hundred feet and beyond at 8:00 PM with no public coming forward to comment. Solicitor King explained the vote to the board. Motion made by Mr. Ledwin to approve the variance for building setback listed on page two of the engineer’s report dated January 2, 2024, subject to all conditions discussed at the hearing including moving the parking spaces closer to the garage, thereby eliminating the need for a variance for parking in a sight triangle, a deed restriction that the sidewalk to be extended and constructed if Idaho Avenue is ever extended, and the plans to be revised to show: move the parking forward out of the sight triangle and also to eliminate what is perceived as showing the post conflicting with parking and subject to conditions 1-12, as outlined on pages three and four in the January 2, 2024 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, and compliance with the Shade Tree Commission condition listed in their report dated January 9, 2024, seconded by Mr. Venuto and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Discussion: Payment of Bills Motion made by Mrs. Notch to approve the payment of bills, seconded by Mr. Venuto and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. City of Cape May Zoning Board of Adjustment Meeting Minutes, January 25, 2024 Page 6 Motion made by Mr. Walsh to adjourn the meeting at 8:13 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, January 25, 2024 Page 7