02/22/2024 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, February 22, 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 Absent 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 Open to Public: Solicitor King gave his thoughts this quasi-judicial board opening to the public and did not imply that he agrees with opening the meeting to the public for general questions and comments. Motion made by Mr. Zektzer to open the meeting to the public for general questions and comments, seconded by Mr. Bodnar and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Discussion was opened to the public within two hundred feet and beyond at 6:07 PM and closed with no public coming forward to comment. Resolution(s): Motion made by Mr. Venuto to adopt Resolution number 02-22-2024: 1, Lisa Caselton, 217 Perry Street, seconded by Mr. Ledwin and carried 6-1. Those in favor: Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: Mr. Walsh. Those abstaining: Mr. Bodnar. Motion made by Mr. Zektzer to adopt Resolution number 02-22-2024: 2, The Bassett Family LLC, 701 Kearney Avenue, seconded by Mrs. Notch and carried 6-0. Those in favor: Mr. City of Cape May Zoning Board of Adjustment Meeting Minutes, February 22, 2024 Page 1 Ledwin, Mrs. Notch, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mr. Bodnar. Motion made by Mr. Venuto to adopt Resolution number 02-22-2024: 3, Cape Home Investments II LLC, 401 Pittsburgh Avenue, seconded by Mr. Zektzer and carried 6-0. Those in favor: Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mr. Bodnar. Application(s): Valerie Allen 604 Reading Avenue, Block 1121, Lot(s) 15 Attorney Lyndsy Newcomb of Monzo Catanese DeLollis PC introduced the application for lot size and building setback variances. Owner Valarie Allen, her husband, Jerome Maddox, Architect Joe Scarpa of The Hyland Group, and Board Engineer Hurless were sworn in by Solicitor King. Architect Scarpa presented his credentials and was accepted as an expert in architecture by Chairperson Werner. Attorney Newcomb explained that the property was the subject of a 1998 board application which was approved for building setback for the construction of a porch. She said they need approval to remove and reconstruct the porch along with other renovations. Architect Scarpa described the plan for addition of a rear second floor to include a bed and bath, reduction of the rear patio and a larger front porch. He said benefits outweigh the negatives and the project advances the purposes of zoning by promoting a desirable visual environment by adding multiple gables and fitting in with the streetscape. He said the porch already exists and is de minimus in nature with no impact on the zoning plan. He described their landscaping plan which will include a street tree. Board members were allotted time for questions. Engineer Hurless then summarized his memorandum dated January 31, 2024 including his completeness review and the waivers he supported. He described the zoning requirements and summarized the details of the variances requested. He said the detriments could be the streetscape: light, air and open space. 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 provide a landscaping and vegetation plan to include a note on the plan to verify the existing landscaping to be protected and preserved. He said the applicant has leeway to site the tree. The Fire Department, Public Works Department and Shade Tree Commission recommended approval of the project in their reports dated February 2, 2024, February 1, 2024, and February 13, 2024, respectively. Board members were allotted time for questions. City of Cape May Zoning Board of Adjustment Meeting Minutes, February 22, 2024 Page 2 Member Bodnar said the proposed porch is 34’4” and asked for the length of the existing porch. Architect Scarpa said the original 14’7” with chamfered corners. Attorney Newcomb confirmed that the portion of the proposed porch will be situated at the 25 foot setback and the rebuilt portion will be at 22 feet. Member Walsh asked about the partial enclosure with screens which was not included in the original approval. Attorney Newcomb said lot coverage and floor area ratio are lower than permitted. There was a discussion on the screening of the porch. Solicitor King confirmed that the entire front porch will be screened. Discussion was opened to the public within two hundred feet and beyond at 6:34 PM and closed with no public coming forward to comment. Solicitor King explained the vote to the board. Motion was made by Mr. Venuto to grant the variances for lot size and building setback as listed on page three of five of the engineer’s report dated January 31, 2024, consistent with the design presented to the board, subject to all conditions discussed at the hearing and subject to conditions 1-12, as outlined on page four in the January 31, 2024 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, seconded by Mr. Walsh 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. Thomas and Gigi Lord 1239 New York Avenue, Block 1132 Lot(s) 27 Attorney Anthony Monzo of Monzo Catanese DeLollis PC introduced this application for floor area ratio, lot size, building setbacks, side yard setback, lot coverage, accessory detached garage, front, rear and side yard setbacks and clear sight triangle variances. Owner Thomas Lord, Architect Catherine Lorentz, and Engineer Louis Scheidt of Gibson Associates, P.A. were sworn in by Solicitor King. Owner Gigi Lord was present in the audience. Board Engineer Hurless remained under oath. Architect Lorentz distributed a packet of exhibits: Exhibit 1 – Before and After Renderings at New York Avenue Exhibit 2 – Before and After Renderings at Trenton Avenue Exhibit 3 – Existing and Proposed Floor Plans – First Floor Exhibit 4 – Existing and Proposed Second and Third Floors Exhibit 5 – Color Rendering of the Site Plan Exhibit 6 – Photo of Existing Garage Exhibit 7 – Circa 1920 Aerial Photograph Attorney Monzo and Owner Lord described the family’s ownership of the property for over one hundred years. He listed each exhibit and explained that the Historic Preservation Commission (HPC) approved demolition of the garage and gave conceptual approval of a new garage and City of Cape May Zoning Board of Adjustment Meeting Minutes, February 22, 2024 Page 3 renovations at the property. He further explained the variance requests for an elevator to allow the owners to age in place, addition for office space on the second floor and an expanded bedroom and bathroom on the third floor with no substantial increase in the footprint of the structures. Owner Lord said the crepe myrtle tree has special meaning to their family and could not survive if moved and prevents moving or expanding the garage. Architect Lorentz presented her credentials and was accepted as an expert in architecture by Chairperson Werner. She described the exhibits one by one and explained the plan for the elevator, ramp, additional dormer to add a bathroom and bedroom space where lost on the second floor due to an office replacing an existing bedroom. She said the home fits with other homes in the area. Architect Lorentz testified the addition to the floor area ratio is not significant. Engineer Scheidt was accepted as an expert in engineering by Chairperson Werner. Engineer Scheidt summarized the variances starting with the floor area ratio (FAR) going from .394 to .503, lot size, lot coverage from 44.8% to 50%, building setback on New York Avenue to remain nonconforming at 7.9 feet where 25 feet is required and building setback on Trenton Avenue to go from .9 feet to .5 feet and 2.4 feet, and the side yard setback to 0 feet from .4 feet. He then listed the variances for the garage with the front yard setback to go from existing 12.8 feet to 20.2 feet, and garage rear and side yard setbacks to remain nonconforming at 2.4 and one feet respectively. He said the sight triangle has been preexisting for one hundred years. Engineer Scheidt said the site can accommodate the problems associated with an FAR variance. He testified the property is consistent with the area, there is no increase in parking demands, and the reconfiguration is to modern standards and reminiscent of a .518 FAR and lot coverage of 48.3% variances granted under Resolution number 3-28-2019: 3 for a property nearby at Reading and New York Avenues. He said the lot coverage for the house is going from 1082 square feet to 1204 square feet or 122 additional square feet, and the concrete elevator pad will be 247 square feet not including the paver ramp. Engineer Scheidt testified the structure is a lawfully existing contributing structure in the historic district, and the building is being restored. They are increasing lot coverage for storage underneath existing decks, and the situation is uniquely affecting the property and creates an exceptional undue hardship. He testified the purposes of zoning are advanced by encouraging appropriate use of lands to promote public health, safety, moral and welfare by making it accessible and providing adequate light, air, open space and appropriate locations for residential uses. It promotes a desirable visual environment through creative development techniques and good civic design and conservation of an historic site with no negative impact on the public. Engineer Scheidt said the garage is in poor condition and replacing it in the current location will have no substantial detriment to the public good. Engineer Scheidt said they agree with all of the comments in Craig Hurless’ report dated January 18, 2024. Board members were allotted time for questions. Chairperson Werner asked if there is an increase in height of the home, and Architect Lorentz said the existing dormer is at the same height. City of Cape May Zoning Board of Adjustment Meeting Minutes, February 22, 2024 Page 4 Member Bodnar asked what part of the increase in lot coverage is not attributable to the elevator and the ramp. Engineer Scheidt responded that the total net lot coverage increase is 259 square feet. Member Bodnar asked about parking vehicles and HVAC in the garage, and Architect Lorentz replied that there is one parking space in the garage and one parking space in the driveway. She added that sails are planned to be stored on the second floor of the garage with the HVAC to protect them, and there is a pull down ladder to the space with a note on the plan that the garage to never be habitable space. Engineer Hurless then summarized his memorandum dated January 18, 2024 including his completeness review and the waivers he supported. He described the zoning requirements, corrected his report on page three for setback line for Trenton Avenue to .5 feet/2.4 feet and summarized the details of the variances requested. He said the garage location is where four different lots meet, and the other properties have garages in the vicinity. The clear sight triangle variance requirement did not concern him from a safety viewpoint. The General Review Comments 1-12 were reviewed and explained in detail with all items being classified as conditions of approval. The Fire Department and Public Works recommended approval of the project in their reports dated February 2, 2024 and February 1, 2024 respectively. The Shade Tree Commission condition listed in their report dated January 9, 2024: care should be made to protect the existing trees and the existing street trees on Trenton and New York Avenues during construction, and the applicant agreed. Board members were allotted time for questions. Discussion was opened to the public within two hundred feet at 8:10 PM. Patricia Gray Hendricks, 106 Trenton Avenue, was sworn in by Solicitor King and spoke in support of the application. Jens Fog, 108 Trenton Avenue, was sworn in by Solicitor King and spoke in support of the application. Leslie Fog, 108 Trenton Avenue, was sworn in by Solicitor King and spoke in support of the application. Discussion was opened to the public beyond two hundred feet at 8:20 PM. Discussion was closed to the public at 8:20 PM. Board members were allotted time for questions and comments. Attorney Monzo made a closing statement. Solicitor King explained the votes to the board. City of Cape May Zoning Board of Adjustment Meeting Minutes, February 22, 2024 Page 5 Motion made by Mrs. Notch to grant the variances one through six plus number ten as listed on page three of Board Engineer’s memorandum dated January 18, 2024 with the conditions 1-11 outlined by the Board Engineer, seconded by Mr. Venuto carried 6-1. Those in favor: Mr. Ledwin, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: Mrs. Notch. Those abstaining: None. Member Notch was concerned about lot coverage and the elevator in a historic home. Member Walsh felt the gutters will help with the drainage problem. Member Bodnar found the dwelling predates the land use ordinance. Vice Chairperson Venuto said the intensity is not too high. Chairperson Werner liked the design and said they are not seeking to raise the home which would increase the mass. Motion made by Mr. Zektzer to approve variances one, seven, eight and nine (applicable to the garage) as listed on page three of Board Engineer’s memorandum dated January 18, 2024 with the conditions 1-11 outlined by the Board Engineer and the specific conditions that no habitable living space is permitted over the garage, no running water on the second floor, no stairs, only a pull down ladder, and no sewer line, seconded by Mr. Ledwin carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Discussion: There was a short discussion on payment of bills and opening meetings to the public. Payment of Bills Motion made by Mr. Walsh to approve the payment of bills, seconded by Mrs. Notch and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Motion made by Mr. Ledwin to adjourn the meeting at 8:50 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, February 22, 2024 Page 6