04/27/2023 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, April 27, 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 Ms. Hesel Present Mr. Ledwin Present Mrs. Notch Present Ms. Sheehan Present Mr. Walsh Absent Mr. Zektzer (Alt. 1) Present Mr. Cataldo (Alt. 2) Present Also Present: TJ Mooney, Esquire and Jeff Barnes, Esquire for Richard King, Esquire, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer Karen Keenan, Board Assistant Minutes: Motion was made by Mrs. Notch to adopt the meeting minutes of March 23, 2023, seconded by Ms. Sheehan and carried 4-0. Those in favor: Ms. Hesel, Ms. Sheehan, Mr. Zektzer, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Ledwin, Mrs. Notch, Mrs. Werner. Resolution(s): Motion made by Ms. Hesel to adopt Resolution number 04-27-2023: 1, Cape CJ LLC, 1301 Beach Avenue, seconded by Mr. Venuto and carried 3-1. Those in favor: Ms. Hesel, Mr. Zektzer, Mr. Venuto. Those opposed: Ms. Sheehan. Those abstaining: Mr. Ledwin, Mrs. Notch, Mrs. Werner. Motion made by Ms. Sheehan to adopt Resolution number 04-27-2023: 2, Rosemans Marina LLC, 5 Rosemans Lane, seconded by Mr. Venuto and carried 4-0. Those in favor: Ms. Hesel, Ms. Sheehan, Mr. Zektzer, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Ledwin, Mrs. Notch, Mrs. Werner. City of Cape May Zoning Board of Adjustment Meeting Minutes, April 27, 2023 Page 1 Motion made by Ms. Sheehan to adopt Resolution number 04-27-2023: 3, Rosemans Marina LLC, 5 Rosemans Lane, seconded by Ms. Hesel and carried 4-0. Those in favor: Ms. Hesel, Ms. Sheehan, Mr. Zektzer, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Ledwin, Mrs. Notch, Mrs. Werner. Application(s): Elaine’s Property Management LLC 513 Lafayette Street, Block 1053, Lot(s) 13 Chairperson Werner requested a motion to adjourn this application to the May 25, 2023 meeting. Motion made by Mrs. Notch to adjourn the application to the May 25, 2023 meeting, seconded by Mr. Ledwin and carried 7-0. Those in favor: Ms. Hesel, Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. 429 Beach Avenue LLC 429 Beach Avenue, Block 1041, Lot(s) 19 Attorney Joel Fleishman, Owner Ross Hammer, Architect Tom D’Arrigo and Associate Architect Christina D’Arrigo were present for this application with Owner Linda Cavallo available in the audience. Attorney Fleishman described the application to enhance the current use of the property with twelve hotel rooms. Owner Ross, Architects Tom and Christina D’Arrigo and Engineer Hurless were sworn in by Solicitor Mooney. Architect Tom D’Arrigo presented his credentials and was accepted as an expert by Chairperson Werner. Attorney Fleishman said the project has conceptual approval of the Historic Preservation Commission. He described the variances requested including a d-1 use variance for two principal uses on the site with the restaurant use on the first and second floors and hotel use on the third and fourth floors with the uses permitted in the district and posing no detriment to the zoning ordinance nor the zone plan. Attorney Fleishman said they also seek waiver of site plan with the building to be as is except for emergency access on Decatur Street. They want to return the building to historic use and name the hotel, Denizot, for a local entrepreneur who built the original Iron Pier that drew many visitors to Cape May. He said they also seek parking and signage variances. Owner Hammer gave a history of the building and the current operation of Taco Caballito on the first and second floors. He explained the self-check in process he currently uses in his boutique hotels and plans to use in the Denizot Hotel proposed for the third and fourth floors. He also described the parking process with guests being transported via a golf cart service already in place from the twelve Bank Street parking spaces leased from the city to the hotel entrance which is the same as the restaurant entrance. He also shared that the cleaning service for the restaurant will also clean the hotel rooms, so there are no additional employees to be needed for the hotel. City of Cape May Zoning Board of Adjustment Meeting Minutes, April 27, 2023 Page 2 Board members were allotted time for questions of Owner Hammer. Engineer Hurless asked if the twelve leased parking spaces are in the Bank Street lot, and Member Sheehan asked if he paid for the parking spaces. Owner Hammer replied yes to both questions. Member Ledwin asked if the spaces are designated. Attorney Fleishman said the city rented the spaces, that are renewed annually each May, and they would expect the spaces to be available when needed. There was discussion on the parking and check in processes. Chairperson Werner asked for clarification on the number of hotel rooms, as there was one shown for a housekeeper. Attorney Fleishman replied that the plan has been changed to twelve hotel rooms with no room dedicated to a housekeeper. The restaurant cleaners will clean the hotel rooms, and the manager and hosts will aid with hotel check in and check out which is 10:00 AM. The restaurant closes at 10:00 PM, and there is a separate entrance for the hotel when the restaurant is closed. Vice Chairperson Venuto asked about parking at 714 Madison Avenue and Owner Hammer said additional parking could be there in the future. Attorney Fleishman said the restaurant has no parking now and any parking at the Madison Avenue location would require a return to the Board for approval. Solicitor Barnes asked if they would agree to a condition of approval that they must return to the Board should any of the twelve parking spaces not be available in the future. The applicant agreed to the condition. Architect Tom D’Arrigo described in detail Architectural Floor Plans SK-1, Site Plan SP-1 and Enlarged Exterior Elevation SK-3, which was labelled Exhibit A-1. He said the plans are code compliant and ADA accessible. He said the property is well suited for the proposed use, restores the building to its original use, is more self-sustaining and supports the historic district. He said both uses are permitted in the zone, but the accessory use cannot be greater than 25%. Architect Tom D'Arrigo said the project promotes the purposes of zoning by restoring the property with no detriment to the zone intent, promotes life safety and general welfare, creates a desirable visual environment without diminishing light, air and open space, both uses are approved in the zone, no substantial detriment to the public good, zone plan or zoning ordinance. He added that they will comply with all conditions of approval listed in the Board Engineer’s review letter. Board members were allotted time for questions of Architect Tom D’Arrigo. Member Sheehan asked if there are kitchens in the rooms. Architect Christina D’Arrigo said there are no kitchens in the rooms. Member Sheehan asked about the Fire Chief’s comments, and Architect Tom D’Arrigo said they will agree to the Fire Department approval as a condition. Member Sheehan asked about the signage and egress. The applicant agreed to the requirement of a license agreement to allow an easement as a condition of approval. Attorney Fleishman said the signs are not egregious and are consistent with the zone plan. They are proposing three signs for the Denizot Hotel. Engineer Hurless said the applicant is held to twenty square feet, and they want an additional sixty square feet. He added that the sign square footage is the measurement versus the number of signs. Engineer Hurless then summarized his memorandum dated February 10, 2023 including his completeness review, the waivers he supported and his comments on the ten variances requested for use, lot size, lot size per hotel unit, lot width, lot frontage, building setback – Decatur Street City of Cape May Zoning Board of Adjustment Meeting Minutes, April 27, 2023 Page 3 and Beach Avenue, rear yard setback, side yard setback, lot coverage, parking and maximum signage area. He said there are still questions regarding the parking plan. He felt the expansion is a vertical expansion in the front, rear yard and side yard setbacks and could affect light, air and open space to adjoining properties. The General Review Comments 1-15 were reviewed and explained in detail with all items being classified as conditions of approval. Ross Hammer testified that there are no additional employees for the hotel use. Engineer Hurless said the square footage of the existing signs was not provided. Engineer Hurless asked about the loading zones. Owner Hammer said they use the Decatur Street loading zone for deliveries. He also said he uses the Beach Avenue loading zone that the Jitney and Icona use. It was determined that there is no loading zone on Beach Avenue. Owner Hammer said he will limit hotel drop offs to Decatur Street. Chairperson Werner asked if the golf carts are personal carts, and Owner Hammer replied that the business has two carts they schedule and park at one of their properties. He said he does not anticipate problems, as larger hotels operate in this way without issues. Engineer Hurless advised the Public Works Department and Shade Tree Commission approved the project with no conditions in their reports, dated March 3, 2023 and February 22, 2023, respectively. The Fire Department commented in their April 24, 2023 report, that a fire suppression and egress plans must be reviewed and approved, and the applicant agreed. Board members were allotted time for questions of Engineer Hurless. Vice Chairperson Venuto asked if nine rooms would comply; Engineer Hurless replied yes. Member Sheehan asked about room size. Engineer Hurless said the usage is too dense for the lot size; the lot size is undersized for the use. Member Sheehan asked if the project regarding lot size would not conform without the restaurant, and he said yes. Architect Christina D’Arrigo explained the additional 1,017 square feet on the third and fourth floors are for egress, and they were unable to reach an agreement with a neighbor for an easement. Architect Tom D’Arrigo said the project does not impact the air space of the neighbors. Owner Hammer said the original hotel had fifteen rooms. Architect Tom D’Arrigo said today’s hotel rooms are larger than those in the past. Architect Christina D’Arrigo said the restaurant occupancy on the second floor is limited to 121 seats (where 183 could be allowed) with a second floor kitchen preparation/staging area. Solicitor Barnes asked which variances are impacted by the vertical expansion with Engineer Hurless answering the building, rear yard and side yard setback variances. Engineer Hurless advised the property block number is 1041 not 1401 as shown in his memorandum and in the application. There was a discussion on parking, and the applicant agreed to stagger the check in times and use Decatur Street as the only loading area. Owner Hammer said guests may have to wait in the parking lot for pick up. Discussion was opened to the public within two hundred feet at 7:45 PM. Eric Gaver, 549 New England Road, was sworn in by Solicitor Barnes. He owns an adjacent property on Decatur Street. He objected to the application. He felt it impacts the neighborhood, parking, and is contrary to the zoning ordinance. He asked about the outward expansion, trash and rooftop access for HVAC. The architects said the second floor will be thirty two feet away City of Cape May Zoning Board of Adjustment Meeting Minutes, April 27, 2023 Page 4 from the rear, and the HVAC will be accessed through a door on the second floor. Owner Hammer said the trash will be moved. Discussion was opened to the public beyond 200 feet at 8:04 PM. Jules Rauch, 1010 New York Avenue, was sworn in by Solicitor Barnes. He asked about sidewalk size. Engineer Hurless said the sidewalk must be ADA compliant, approved by the city and shown on the site plan. Mr. Rauch expressed concern about flooding on Bank Street and the need for possible DEP approval due to the proximity to the beach. Architect Tom D’Arrigo said the Decatur ramp could be narrower, as it is not an ADA ramp. Engineer Hurless said a condition of approval could be that the sidewalk to be ADA compliant. Eric Gaver, 549 New England Road, returned to comment and remained under oath. He said his property encroaches and perhaps this property encroaches also. Attorney Fleishman said any encroachment is de minimis. Discussion was closed to the public at 8:15 PM. Solicitor Barnes explained the vote to the Board and said the use variance as a hotel, the twelve units, the parking, the vertical expansion and the conditions of approval are to be considered. Attorney Fleishman requested a vote first on the use variance. A break was taken at 8:27 PM at the request of the applicant. The meeting resumed at 8:33 PM. Attorney Fleishman asked Owner Hammer to address the parking. Owner Ross said they tried to alleviate the parking concern. Area businesses such as Virginal Hotel and Carroll Villa have no parking and use the proposed parking plan. Solicitor Barnes explained the vote to the Board for the use variance which requires five out of seven yes votes to carry. Motion was made by Ms. Sheehan to approve the use variance to allow multiple uses, restaurant and hotel, at the subject property, subject to the conditions 20 and 22 outlined on page two, as well as incorporate all of the Board Engineer’s comments and those outlined on pages four and five in the memorandum, by Board Engineer Craig R. Hurless, PE, PP, CME, dated February 10, 2023, the fire suppression system to be properly installed and certified by the Fire Inspector, satisfaction of any encroachment to be approved by City Council, the loading and unloading to be on Decatur Street and the sidewalk to be ADA compliant, seconded by Ms. Hesel and did not carry 0-7. Those in favor: None. Those opposed: Ms. Hesel, Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those abstaining: None. Ms. Hesel found the plans to be incomplete. Ms. Sheehan said she voted based on congestion. Chairperson Werner said the application package needs to be more complete and understandable. City of Cape May Zoning Board of Adjustment Meeting Minutes, April 27, 2023 Page 5 Nicholas Mitch 240 Windsor Avenue, Block 1022, Lot(s) 4 Attorney Ron Gelzunas introduced the application for variances for use (expansion of non- conforming use), lot size, lot width, lot frontage, rear yard and side yard setbacks, parking and expansion of non-conforming structure on non-conforming lot. Owner Nicholas Mitch, Engineer Lou Scheidt and Neighbor Ryan Davies were sworn in by Solicitor Barnes for the record. Engineer Hurless remained under oath. Ryan Davies, 242 Windsor Avenue, testified as neighbor and owner of the directly connected twin of Owner Mitch. He said he has no concerns about this application and said other neighbors at 238 Windsor Avenue have similar rear decks. He felt there would be no negative consequences, and the project will improve the visual character of the property. He spoke in support of the application. Board members were allotted time for questions of Mr. Davies. Engineer and Planner Lou Scheidt presented his credentials and was accepted as an expert by Chairperson Werner. Engineer Scheidt described the existing conditions at the property and showed the areas where the mahogany decks will be built. He said there will be no change to the footprint, and the residential use will remain the same. He added that this house was built prior to the invention of the automobile, so there is no parking at the property. He said the Historic Preservation Commission, Fire Department, Public Works Department and Shade Tree Commission have approved the application. Engineer Scheidt said the decks will be aesthetically more pleasing with de minimis light and air effect. He said there are no negative effects on the zone ordinance or the master plan, no substantial detriment to the public good, the positives substantially outweigh any detriment, and the site can accommodate the expansion. Board members were allotted time for questions of Engineer Scheidt. Owner Mitch described the property as the first floor rental having two bedrooms and one bathroom and the second and third floors being four bedrooms and two baths used for family only. Board members were allotted time for questions of Owner Mitch. Engineer Hurless then summarized his memorandum dated February 10, 2023 including his completeness review, the waivers he supported and his comments on the seven variances requested. The General Review Comments 1-9 were reviewed and explained in detail with all items being classified as conditions of approval. Engineer Hurless advised the Fire Department and Public Works Department approved the project with no conditions in their reports, dated April 5, 2023 and April 3, 2023, respectively. The Shade Tree Commission commented in their March 31, 2023 report, that the mulberry tree to remain according to the plan and protected by barrier City of Cape May Zoning Board of Adjustment Meeting Minutes, April 27, 2023 Page 6 during construction along with the one sycamore street tree, and the applicant agreed to this condition and all conditions listed in the Board Engineer’s memorandum. Board members were allotted time for questions of Engineer Hurless. Discussion was opened and closed to the public at 9:08 PM. Martin Van Walsum, 329 Congress Street, was sworn in by Solicitor Barnes. He believes he is within two hundred feet of the property and asked about the egress. Engineer Scheidt said there is egress from the third floor to the second floor but not to the ground from the second floor. Discussion was closed to the public at 9:11 PM. Motion was made by Ms. Sheehan to grant the use variance (expansion of non-conforming use), variance for expansion of non-conforming structure on non-conforming lot, variances for: lot size, lot width, lot frontage, rear yard setback, side yard setback (each and total), and parking, and subject to conditions 1-9, as outlined on pages four and five in the memorandum, by Board Engineer Craig R. Hurless, PE, PP, CME, dated March 7, 2023 and the Shade Tree Commission condition outlined in their March 31, 2023 report, seconded by Mr. Ledwin and carried 7-0. Those in favor: Ms. Hesel, Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Motion made by Mr. Ledwin to adjourn the meeting at 9:13 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, April 27, 2023 Page 7