04/25/2024 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, April 25, 2024 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Terri Werner at 6:00 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) Present Mr. Bodnar (Alt. 2) Present Also Present: Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer Karen Keenan, Board Assistant Minutes: Motion made by Mr. Zektzer to adopt the meeting minutes of January 25, 2024, seconded by Mrs. Notch 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. Cataldo. Motion made by Mr. Venuto to adopt the meeting minutes of February 22, 2024, seconded by Mr. Ledwin 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. Cataldo. Resolution(s): Motion made by Mrs. Notch to adopt Resolution number 04-25-2024: 1, Valarie Allen, 604 Reading Avenue, seconded by Mr. Walsh 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. Cataldo. Motion made by Mr. Venuto to adopt Resolution number 04-25-2024: 2, Thomas and Gigi Lord, 1239 New York Avenue, seconded by Mr. Zektzer and carried 5-0. Those in favor: Mr. Ledwin, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mrs. Notch, Mr. Cataldo. City of Cape May Zoning Board of Adjustment Meeting Minutes, April 25, 2024 Page 1 Application(s): Dev Jagadesan 918 Columbia Avenue, Block 1089, Lot(s) 8 Attorney Charles Sandman III summarized the appearance before the board on December 28, 2023 and the process of Historic Preservation Commission conceptual approval. Owner Jagadesan, Professional Engineer and Planner Rami Nassar of Schaeffer Nassar Scheidegg Consulting Engineers LLC and Board Engineer Craig Hurless were sworn in by Solicitor King. Owner Jagadesan explained he wants the deck to interact with others as they walk by the property, and he plans to retire in Cape May. He changed the rail design after seeing other rails in the neighborhood are of stick built design. Chairperson Werner accepted Planner Nassar as an expert in engineering and planning. Attorney Sandman said the applicant changed the rail design to a stick built railing design. Engineer Nassar described and distributed a revised variance plan, Exhibit A, which Solicitor King accepted after the meeting deadline since two of the three variances sought have been eliminated. Planner Nassar said they are only requesting a use variance for expansion of non-conforming use. He testified the variance can be approved due to the following special reasons: enhance the aesthetics of the structure in keeping with the neighborhood, there is no change in use and no increase in habitable space. He said there is no negative impact on the zone plan or zoning ordinance. Board members were allotted time for questions. Member Walsh asked if the posts were changed. Planner Nassar said yes, and they can show parking for five cars. Discussion was opened to the public within two hundred feet and beyond at 6:20 PM and closed with no public coming forward to comment. Engineer Hurless then summarized his memorandum dated September 1, 2023. He noted the memorandum is based on the original application materials but does not reflect the changes shown in Exhibit A. He described his completeness review and updated his zoning table to align with Exhibit A. The rear yard setback at 27 feet is now conforming with the existing non-conforming twelve foot setback. The side yard setbacks are changed to show conforming at eight feet/14.9 feet on one side and eight feet conforming on the other side. The General Review Comments 1- 11 were reviewed and explained in detail with all items being classified as conditions of approval. Engineer Hurless advised the Fire and Public Works Departments and Shade Tree Commission approved the project with no conditions. Board members were allotted time for questions of Engineer Hurless. Solicitor King explained the vote to the board and shared that Member Cataldo, who was not present at the December 28, 2023 hearing, did listen to the prior hearing and signed the certification, as shown in Exhibit B. City of Cape May Zoning Board of Adjustment Meeting Minutes, April 25, 2024 Page 2 Motion was made by Mr. Zektzer to grant the use variance under 525-16.1A and 525-9 subject to all conditions discussed at the hearing and subject to conditions 1-11, as outlined on page four in the September 1, 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, Mr. Walsh, Mr. Zektzer, Mr. Cataldo, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. JTG Group LLC 1382 Lafayette Street, Block 1145, Lot(s) 6 Attorney Ronald Gelzunas introduced the application for preliminary and final site plan, and variances for use (expansion of non-conforming use), building setback, lot coverage, parking, five foot parking buffer and unpaved parking area. Owner Joseph Gilmartin, Architect Pamela Fine, and Engineer Paul Kates of Kates Schneider Engineering, LLC were sworn in by Solicitor King. Engineer Hurless remained under oath. Architect Fine presented her credentials and was accepted as an expert in architecture by Chairperson Werner. She showed and explained in detail the following which are in the application packet: SU-1 Existing Floor Plans Photographs of Former Front Porch SU-2 Existing Elevations P-1 Proposed Floor Plans P-2 Proposed Third Floor Plan & Elevations P-3 Proposed Elevations She noted the porch is to be built to mimic the photo and an elevator landing and fire escape are being added in the back. She said the third floor plan is for one residential unit with three bedrooms and three baths. There was a discussion on floor area ratio (FAR) and commercial space. Engineer Hurless said floor area ratio is based on habitable space, and he does not believe a FAR variance is necessary. He said the two uses are non-conforming uses. Attorney Gelzunas said the question is can the site accommodate the expansion of a non-conforming use. Architect Fine said the Historic Preservation Commission (HPC) requested modifications to the plans including addition of trim board and the step down of the new roof. She said the benefits outweigh any detriments, and the HPC favored restoration of the porch for the streetscape. Owner Gilmartin gave the history of the property and his start there in 1985. He said there have been different uses on all of the floors over the years including varied commercial uses and a boarding house. He said currently there is no one habituating upstairs and there is a real estate office plus an accounting office operating at the location. He said there are four-five cars in the lot at any given time and no plan to change the current professional offices use at the property. He confirmed that the second and third floors are to be used for residential purposes only. City of Cape May Zoning Board of Adjustment Meeting Minutes, April 25, 2024 Page 3 Engineer Paul Kates presented his credentials and was accepted as an expert by Chairperson Werner. He presented and described Exhibit A-1, an aerial view of the property, and Exhibit A- 2, Minor Site Plan of the existing first, second and third floors of the structure with parking calculations. He listed the setbacks of surrounding properties and said there are not enough structures for setback averaging. He said the increase in lot coverage is requested to include handicap parking. He said they are proposing twelve parking spaces where sixteen are required. Engineer Hurless agreed that converting commercial use to residential use reduces the parking requirement. Engineer Kates said design waivers are requested for the requirements of the five foot buffer and lot paving. He said the stone material slows the rate of stormwater runoff, and they will comply with all of the conditions outlined in the Engineer Hurless’ January 23, 2024 memorandum. Engineer Hurless thought it safe to allow a stone parking lot. Engineer Kates testified the plan promotes a desirable visual environment, provides sufficient space in an appropriate location, lessens the intensity of the use, brings it closer to conforming with and reducing the impact on the neighborhood, provides adequate light, air and open space, promotes the establishment of appropriate population densities as it fits within the FAR calculation and increases the safety and general welfare of the public. He said there is no negative detriment to the zone plan, and the site can accommodate the expansion. Board members were allotted time for questions. Member Bodnar asked about the amenities in the office spaces. Architect Fine said there are no cooking facilities in the commercial space. Owner Gilmartin said he would remove the tub. Member Walsh asked about turnover of keys, and Owner Gilmartin said the turnover times and days are staggered. He said there have not been parking problems in the past. Member Walsh asked about the types of rentals, and Owner Gilmartin said the rentals will be seasonal with beach box access for the tenants. The amount of concrete in the front was discussed, and it was determined that a grass curb strip will be designed and require county approval. Member Notch asked about parking for the residential units. Engineer Kates said they could designate six signed spaces for the residential units. The spaces are to be designated as follows: the one bedroom residential unit will have one signed space; the two and three bedroom residential units will have two signed spaces each. Engineer Hurless then summarized his memorandum dated January 23, 2024 including his completeness review and the waivers he supported. He described the zoning requirements and said the setback to the restored historic porch is 10.3 feet and 6.7 feet to the steps. He changed the proposed lot coverage to 53.6% to accommodate the handicap space and said the property is historically under parked. He changed the required parking to sixteen spaces and said the conversion of commercial use to residential use at the property lessens the parking requirement. He summarized the details of the variances requested and two variances were added for the unpaved parking surface and five foot parking buffer, which Engineer Hurless supported. The General Review Comments 1-19 were reviewed and explained in detail with all items being classified as conditions of approval including the applicant to provide two street trees. The applicant agreed to the conditions. The Fire Department, Public Works Department and Shade City of Cape May Zoning Board of Adjustment Meeting Minutes, April 25, 2024 Page 4 Tree Commission recommended approval of the project in their reports dated February 21, 2024, February 13, 2024, and February 29, 2024, respectively. Board members were allotted time for questions. Discussion was opened to the public within two hundred feet and beyond at 7:50 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 approve the six variances requested for use (expansion of non-conforming use), building setback, lot coverage, parking, buffer and for stone lot, subject to the waivers outlined on page two, conditions 1-19, as outlined on pages five, six and seven in the January 23, 2024 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, and subject to all conditions discussed at the hearing, including conditions that the applicant to make a good faith effort to attempt to create, for county approval, a grass curb strip along the frontage to provide street trees within the county right of way, the units will have assigned parking spaces: the one bedroom residential unit will have one signed space; the two and three bedroom residential units will have two signed spaces each, six signed spaces for commercial use, there will be one undesignated space and eliminate the tub in the commercial space, seconded by Mr. Zektzer and carried 6-1. Those in favor: Mr. Ledwin, Mrs. Notch, Mr. Zektzer, Mr. Cataldo, Mr. Venuto, Mrs. Werner. Those opposed: Mr. Walsh. Those abstaining: None. Mr. Walsh felt the property could not handle the combined use. Fern and Kevin Watters 1218 New York Avenue, Block 1131, Lot(s) 11 & 12 Attorney Keith Davis introduced the application for variances for floor area ratio and parking. He advised the owners were not able to be present at the meeting. He described the variances that were granted last year for a rear deck at the property. At that time, Zoning Officer Bruce Britton, determined that previous construction in 2005 and 2010 exceeded the maximum floor area ratio (FAR) limits. Attorney Davis said the third floor bedrooms have existed since 1915, and they are requesting a FAR variance plus a parking variance. He added the number of bedrooms is being reduced to five from six. Architect Dave Schultz of DAS Architects Inc. and Planner and Engineer Rami Nassar of Schaeffer Nassar Scheidegg Consulting Engineers LLC were sworn in by Solicitor King for the record. Engineer Hurless remained under oath. Architect Schultz presented his credentials and was accepted as an expert by Chairperson Werner. Architect Schultz shared printed slides, Exhibit A-1, that show the property when the Watters purchased it, details of the work performed on the property, permits issued for work at the property, architectural plans previously submitted and neighbor FAR calculations. Board members were allotted time for questions. City of Cape May Zoning Board of Adjustment Meeting Minutes, April 25, 2024 Page 5 Attorney Davis said there is a provision that permits what can be demonstrated to have existed as of 1950, and Engineer Hurless agreed that it applies with the required FAR of .4897. Engineer and Planner Nassar was accepted as an expert by Chairperson Werner. He described the variance plan, identified by Exhibit A-7. He said the project promotes a desirable visual environment, conserves historic resources, and establishes appropriate population density. He added there is no negative impact to the zone plan or zoning ordinance. He said the structure is suitable for the FAR variance in the same footprint. Board members were allotted time for questions of Engineer Nassar. Engineer Hurless then summarized his memorandum dated January 8, 2024 including his completeness review and comments on the variances requested. He said lot coverage proposed to be 50.8% over the 48.3% existing. He said modification of the lot coverage calculations to the plans should be a condition of approval. Engineer Hurless advised the Fire Department and Public Works Department recommended approval of the application with no conditions in their reports dated March 8, 2024. The Shade Tree Commission recommended approval of the project in their report dated March 5, 2024 and commented that the sidewalk may be eligible for the 50/50 sidewalk replacement program. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within two hundred feet at 8:40 PM. Jens Fog, 108 Trenton Avenue, was sworn in by Solicitor King. He spoke in support of the application. Discussion was opened to the public beyond two hundred feet at 8:42 PM. Discussion was closed to the public at 8:42 PM. Solicitor King explained the vote to the Board. Motion made by Mrs. Notch to approve variances for FAR and parking, subject to all conditions discussed at the hearing, the waivers and conditions 1-11, as outlined on page three in the memorandum, by Board Engineer Craig R. Hurless, PE, PP, CME, dated January 8, 2024, and subject to the conditions outlined in the prior Resolution number 09- 28-2023: 2, seconded by Mr. Ledwin carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Zektzer, Mr. Cataldo, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Discussion: 2023 Zoning Board of Adjustment Decisions Chairperson Werner tabled discussion on the 2023 decision report to a future meeting. City of Cape May Zoning Board of Adjustment Meeting Minutes, April 25, 2024 Page 6 Payment of Bills Motion made by Mr. Walsh to approve the payment of bills, seconded by Mr. Venuto and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Zektzer, Mr. Cataldo, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Motion made by Mrs. Notch to adjourn the meeting at 8:52 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, April 25, 2024 Page 7