04/28/2022 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, April 28, 2022 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Diane Hutchinson at 6:01 PM in the City Hall Auditorium. In compliance with the Open Public Meetings Act, adequate notice was provided. Roll Call: Mrs. Hutchinson, Chairperson Present Mr. Murray, Vice Chairperson Present Mrs. Werner Absent Ms. Hesel Absent Mr. Ledwin Present Mrs. Notch Present Mr. Walsh Present Mrs. McDade (Alt. 1) Present Sam Venuto (Alt. 2) Present Also Present: Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer Karen Keenan, Board Assistant Minutes: Motion was made by Mr. Murray to adopt the meeting minutes of February 24, 2022, seconded by Mrs. Notch and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mrs. McDade, Mr. Venuto, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Motion was made by Mrs. Notch to adopt the meeting minutes of March 24, 2022, seconded by Mr. Walsh and carried 6-0. Those in favor: Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mrs. McDade, Mr. Venuto, Mr. Murray. Those opposed: None. Those abstaining: Mrs. Hutchinson. Resolutions: Motion made by Mr. Murray to adopt Resolution number 04-28-2022: 1, Washington & Madison, LLC, 722 Beach Avenue, seconded by Mr. Walsh and carried 5-0. Those in favor: Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Venuto, Mr. Murray. Those opposed: None. Those abstaining: Mrs. McDade, Mrs. Hutchinson. City of Cape May Zoning Board of Adjustment Meeting Minutes, April 28, 2022 Page 1 Application(s): Cape May Sea Glass Properties LLC 933 Beach Avenue, Block 1081, Lot(s) 16 Attorney Andrew Catanese represented Owner Bonnie Wilhelm and advised the Board that the Historic Preservation Commission (HPC) removed the Zoning Board’s parking condition in August 2021 and added that the HPC also imposed the condition of removal of the lattice doors to the entrance. He gave a brief history of the property. HPC Solicitor Robert Fineberg appeared as respondent for the HPC with Historic Preservation Commission Chairperson Warren Coupland present in the audience. Attorney Catanese said the HPC had no jurisdiction over the parking, and the decision was arbitrary, capricious and unreasonable. He said the HPC would only have four parking spaces at the property and asked that the HPC condition be extracted and elimination of the condition that the lattice doors be removed. Attorney Catanese shared larger copies of a photo of the property, Sheet Z-4 and Sheet 2, which are part of the application packet. Board members were allotted time for questions on Attorney Catanese. HPC Solicitor Fineberg emphasized the HPC’s standard of review and recited from the January 11, 2022 memorandum by Engineer Hurless: “HPC should be given due deference.” He summarized the HPC application process and the HPC Design Standards which are part of the zoning ordinance. HPC Solicitor Fineberg showed Exhibit A-1: pages five and six of the HPC Design Standards - that describes the development process and the zoning process. HPC Solicitor presented Exhibit A-2, HPC Resolution 2018-25 for the Allison property at 905 Beach Avenue. Attorney Catanese did not object to the Allison resolution being introduced. Solicitor King said it is best to limit the discussion to the record below. He read portions of the HPC Resolution 2018-25 that describe the reasons for approval at the Allison property as: “dwelling will be raised to meet current flood regulations…appearance of the design of the building will remain the same as current.” Vice Chairperson Murray felt the parking underneath is unobtrusive. HPC Solicitor Fineberg said getting there is obtrusive, and the rear parking is largely hidden. HPC Standards indicate no parking in front yards. Chairperson Hutchinson commented that there has been parking on the lawn for as long as she can remember. Attorney Catanese said the applicant has no problem with a gate and/or mechanical gate, and a gate was included on the plans that were approved by the Zoning Board. HPC Solicitor Fineberg replied that the HPC wants a gate if their decision is reversed. City of Cape May Zoning Board of Adjustment Meeting Minutes, April 28, 2022 Page 2 HPC Solicitor Fineberg asked if the Board approves the appeal to reverse the HPC decision, that it be remanded to the HPC to develop a solution. Attorney Catanese did not want the application remanded to the HPC. There was a discussion on jurisdiction. Solicitor King said the Zoning Board sent the application back to the HPC; the Zoning Board did not exercise exclusive jurisdiction. He added that the questions are did the HPC act arbitrarily, capriciously, or unreasonably. Discussion was opened to attorneys and/or those who participated at the HPC meeting at 7:14 PM. Warren Coupland, 737 Washington Street, was not permitted by Chairperson Hutchinson to speak at the meeting. Solicitor King said the HPC Chairperson cannot introduce new information. Discussion was closed to the public at 7:15 PM. Board members were permitted time for questions of HPC Solicitor Fineberg. Member Notch shared she follows the HPC and felt the Boards need to support each other. She said the HPC is educated and have the best interests of the neighborhood in mind. Member McDade agreed but added the space is there for parking. She added the owners should ensure no parking on the lawn. Engineer Hurless said this is a unique situation where there is a need to elevate for access to the rear parking and the use requiring fourteen spaces with only four in the rear…a ten space deficiency. Solicitor King explained the vote to the Board as was the decision to not allow parking under the building of the HPC arbitrary, capricious, unreasonable or contrary to law. Motion was made by Mr. Murray to reverse the second HPC decision as arbitrary, capricious, unreasonable or contrary to law and reinstate the plan that required an automatic electronic gate and all provisions of prior Zoning Board resolution incorporated in the decision, seconded by Mr. Ledwin and carried 6-1. Those in favor: Mr. Ledwin, Mr. Walsh, Mrs. McDade, Mr. Venuto, Mr. Murray, Mrs. Hutchinson. Those opposed: Mrs. Notch. Those abstaining: None. A break was taken at 7:33 PM. The meeting resumed at 7:42 PM. Noel 1303 New Jersey Avenue, Block 1147 Lot(s) 37 Attorney Thomas Keywood introduced the application. Owners Michael and Sarah Noel, Architect Paul Farnan and Board Engineer Craig Hurless were sworn in by Solicitor King for the record. Attorney Keywood described the single family home that is rented out in August only for four weeks a year. Architect Farnan described the application to add two bedrooms and a full City of Cape May Zoning Board of Adjustment Meeting Minutes, April 28, 2022 Page 3 bathroom on the second floor at the rear of the property and the nonconforming front yard and side yard setbacks. He described the use variance needed as three percent in excess of the forty percent maximum floor area ratio or one hundred fifty square feet, which is the size of one bedroom. Architect Farnan said the project is no detriment to the public or impairment to the zoning ordinance, will not inhibit light, air and open space and promotes a desirable visual environment. He added that the site can accommodate the increase in floor area ratio, because the existing yard space is comparable to neighboring properties. Architect Farnan reported that there are five parking spaces in the driveway plus parking space in the detached garage. Michael Noel said the project is for their expanding family. They tried to reduce the floor area ratio, but the options looked odd. Board members were allotted time for questions of the applicants and architect. Board Engineer Hurless then summarized his report dated February 15, 2022. He described his completeness review and the landscaping plan waiver he supported. He summarized the variances requested and shared his general review comments 1-11 in detail including installing a stormwater system of pipe and stone trench and changing the driveway to permeable pavers for 50% lot credit to reduce the lot coverage from 55% proposed to 46.4%, both with agreement of the applicant, with all items being conditions of approval. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within 200 feet at 8:13 PM. Patricia Gray Hendricks, 106 Trenton Avenue, was sworn in by Solicitor King. She said the property was built prior to floor area ratio limits and also was the site of a fire. She said the second floor was constructed to comply with floor area ratio. She felt the occupancy should be limited to ten. Jean Krupinski, 1307 New Jersey Avenue, lives next door to the property and did not receive a notice of the hearing. She said rentals for a six-bedroom property concern her. She wanted to see a rental restriction and thought there is not a hardship. Discussion was closed to the public at 8:25 PM. Solicitor King explained the vote to the Board including that a variance for floor area ratio needs five out of seven affirmative votes to pass. Motion was made by Mr. Murray to approve the project as presented for five variances listed in page three of five including the floor area ratio variance needing five affirmative votes out of seven votes, and lot coverage of 46.40%, as discussed at the meeting and outlined in Board Engineer’s Memorandum dated February 15, 2022 and subject to conditions 1-11 listed on pages four and five, as outlined by the Board Engineer, seconded by Mr. Venuto and did not carry 0-7. Those in favor: None. Those opposed: Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mrs. McDade, Mr. Venuto, Mr. Murray, Mrs. Hutchinson. Those abstaining: None. City of Cape May Zoning Board of Adjustment Meeting Minutes, April 28, 2022 Page 4 There was discussion on making a motion to place a deed restriction on the property, and no one made the motion. Motion was made by Mr. Murray to grant variances for lot size, lot width, lot frontage, each side yard, lot coverage at 46.40% (as a result of putting in pavers) but not a floor area ratio variance, with the whole project at 40% floor area ratio, subject to the satisfaction of the Board Engineer, subject to conditions of approval including for one additional bedroom and one additional bathroom as discussed at the meeting and conditions 1-11 outlined in Board Engineer’s Memorandum dated February 15, 2022 on pages four and five, seconded by Mr. Venuto and carried 5-2. Those in favor: Mr. Ledwin, Mrs. McDade, Mr. Venuto, Mr. Murray, Mrs. Hutchinson. Those opposed: Mrs. Notch, Mr. Walsh. Those abstaining: None. DeForest 1500 Velvento Avenue, Block 1176.02, Lot(s) 1.01 Attorney John Amenhauser introduced the application. Owners Walter and Anna DeForest and Professional Planner Tiffany Morrissey were sworn in by Solicitor King for the record. Planner Morrissey presented her credentials and was accepted as an expert by Chairperson Hutchinson. Planner Morrissey described the plan, the 2006 approved plan plus the 2015 amended site plan. She said the property has reverse frontage lots with streets on the front, back and side: Velvento, Baltimore and New York Avenues. The request for the pool in the front yard is due to three front yards, the technical rear yard. All of the development’s homes orient to New York Avenue with a ten feet landscape buffer between the street. The pool is to be situated between the landscape buffer and the house. She said there is no encroachment into the sight triangle and no other location to place the pool at the property. Also requested is a fence variance. Planner Morrissey said the fence will not encroach the buffer. She said the house conforms and the lot coverage is less than 38 percent. The hardships are the three front yards and Cape May does not treat a reverse yard as a rear yard. Engineer Hurless described the fifteen lot subdivision that was approved by the Planning Board. He added that Velvento Avenue has not been formally paved. Planner Morrissey said the project creates a better alternative to the zone plan, meets the ordinance requirement for adequate light, air and open space, promotes a desirable visual environment with no detriment to the public good. Board members were allotted time for questions. Member Walsh asked if the homeowner association approved the pool and fence, and Walter DeForest replied yes. Member McDade said outdoor pool noise carries and Walter DeForest said they plan to use the property as a private residence but reserve the right to rent it. City of Cape May Zoning Board of Adjustment Meeting Minutes, April 28, 2022 Page 5 Solicitor King asked Engineer Hurless about the Planning Board decision. Engineer Hurless replied that the New York Avenue neighbors wanted the rear yards oriented to New York Avenue. Board Engineer Hurless then summarized his report dated March 4, 2022. He described his completeness review and the waiver he supported as a condition of approval. He summarized the variances requested and shared his general review comments 1-12 in detail with all items being conditions of approval. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public 9:26 PM and closed with no public coming forward to comment. Solicitor King explained the vote to the Board. Motion was made by Mrs. Notch to grant the application and approve variances one and two as outlined on page two in Board Engineer’s Memorandum dated March 4, 2022, subject to the waiver of the landscaping plan and conditions 1-12 listed on pages four and five outlined by the Board Engineer, seconded by Mr. Ledwin and carried 5-2. Those in favor: Mr. Ledwin, Mrs. Notch, Mr. Venuto, Mr. Murray, Mrs. Hutchinson. Those opposed: Mr. Walsh, Mrs. McDade. Those abstaining: None. Member Walsh commented that the application is still for a pool in the front yard. Motion made by Mrs. Notch to adjourn the meeting at 9:28 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, April 28, 2022 Page 6