02/23/2023 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, February 23, 2023 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Terri Werner at 6:00 PM in the City Hall Auditorium. In compliance with the Open Public Meetings Act, adequate notice was provided. Pledge of Allegiance Roll Call: Mrs. Werner, Chairperson Present Mr. Venuto, Vice Chairperson Present Mrs. Hutchinson Present Ms. Hesel Present Mr. Ledwin Present Mrs. Notch Present Mr. Walsh Absent Ms. Sheehan (Alt. 1) Present Mr. Zektzer (Alt. 2) Absent Also Present: Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer Karen Keenan, Board Assistant There was a question on the requirement of executive (or closed--not regular) session minutes. Solicitor King said, according to NJ Statutes 40:55D, minutes of executive sessions are not required, as minutes are only required for regular and special meetings. Minutes: Motion was made by Mrs. Hutchinson to adopt the meeting minutes of January 26, 2023, seconded by Mrs. Notch and carried 7-0. Those in favor: Mrs. Hutchinson, Ms. Hesel, Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Application(s): Elaine’s Property Management LLC 513 Lafayette Street, Block 1053, Lot(s) 13 Chairperson Werner announced this application is adjourned to the April 27, 2023 meeting with no further notice required. City of Cape May Zoning Board of Adjustment Meeting Minutes, February 23, 2023 Page 1 Christopher and Carol Czumbil 944 Sewell Avenue, Block 1088, Lot(s) 4, C-2 Member Sheehan recused herself from this application, as she owns property within two hundred feet of this property. Attorney Thomas Keywood introduced the application to add a front porch which requires a lot size variance and a use variance for the non-conforming use on this existing non-conforming property. Attorney Keywood said a porch will make the property look like other neighborhood properties with no hindrance to the zone plan and will promote a desirable visual environment with minimal negative criteria. He added there will be no substantial detriment to the public good. Owners Christopher and Carol Czumbil, Architect Paul Farnan and Board Engineer Craig Hurless were sworn in by Solicitor King for the record. Architect Farnan presented his credentials and was accepted as an expert by Chairperson Werner. Architect Farnan explained the design for the modest uncovered porch as consistent with the aesthetics of the neighborhood and throughout the city. He said the porch will extend into the front yard setback at 17.2 feet to the porch while the existing stoop and stair currently extend into the front yard setback. Architect Farnan said the porch will enhance the visual environment and add more dimension and character to the structure. Board members were allotted time for questions of Architect Farnan. Member Hutchinson asked about the access to the porch. Architect Farnan said the porch will be accessed via the existing front steps. Solicitor King explained the expansion of a non-conforming use variance can be granted if the applicants give special reasons, and he advised aesthetics is a basis to grant a variance in this instance. Member Hutchinson asked about the other condominium owner at the property. Mr. Czumbil said the other owner had planned to also add a porch but also had other planned projects and installed landscaping on the other side. Attorney Keywood said the other owner had been cooperative regarding lot size. Engineer Hurless then summarized his memorandum dated January 31, 2023 including his completeness review, the waiver he supported regarding the landscaping plan being required as a condition of approval and his comments on the three variances requested. He said the lot coverage and number of parking spaces conform. The General Review Comments 1-8 were reviewed and explained in detail with all items being classified as conditions of approval. The Fire Department approved the project in their report dated February 14, 2023, the Public Works Department approved the project in their report dated February 9, 2023, and the Shade Tree Commission in their February 14, 2023 report approved the project with following conditions: a construction barrier be placed around front yard tree and no excavation along the root line and drip area of the existing tree. City of Cape May Zoning Board of Adjustment Meeting Minutes, February 23, 2023 Page 2 Board members were allotted time for questions of Engineer Hurless. Member Notch asked about the sidewalk replacement. Engineer Hurless said the public sidewalk along the entire project frontage can be damaged during construction. The sidewalk will be inspected and required to be replaced if necessary. Discussion was opened to the public within 200 feet at 6:23 PM. Discussion was opened to the public beyond 200 feet at 6:23 PM. Joe Gloviak, 3 Swan Avenue, was sworn in by Solicitor King. His backyard abuts the property of the applicants. He spoke in support of the application. Stacy Sheehan, 928 Columbia Avenue, was sworn in by Solicitor King and spoke as a citizen. She asked about lot coverage for a condo. Engineer Hurless said lot coverage is calculated for the entire lot, so improvements affect the entire lot. Discussion was closed to the public at 6:27 PM. Board members were allotted time for questions. Solicitor King explained the vote to the Board including the use variance requirement of five affirmative votes to carry. Motion was made by Mrs. Hutchinson to grant the variances 1-3, as listed and outlined in the Engineer’s chart on page three of the January 31, 2023 Board Engineer’s review memorandum, subject to the waivers 4, 5, 19, and 28 on page two and condition 33 on page two as well as conditions 1-8, as outlined on pages four and five in the memorandum by Board Engineer Craig R. Hurless, PE, PP, CME and including the conditions in the Shade Tree Commission letter of February 9, 2023 (signed February 14, 2023), seconded by Mr. Ledwin and carried 6-0. Those in favor: Mrs. Hutchinson, Ms. Hesel, Mr. Ledwin, Mrs. Notch, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Discussion: Chairperson Werner acknowledged and thanked Member Diane Hutchinson who is moving from Cape May with this meeting as her last meeting on the Zoning Board. The Board, Solicitor King, Engineer Hurless and Secretary Keenan applauded her contribution and thanked her for her many years of service on the Zoning Board. Motion made by Mrs. Notch to adjourn the meeting at 6:33 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, February 23, 2023 Page 3