05/22/2025 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, May 22, 2025 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Vice Chairperson Sam Venuto at 6:02 PM in the City Hall Auditorium. In compliance with the Open Public Meetings Act, adequate notice was provided. Roll Call: Mrs. Werner, Chairperson Absent Mr. Venuto, Vice Chairperson Present Mr. Ledwin Present Mrs. Notch Present Ms. Sheehan Present Mr. Walsh Present Mr. Zektzer Absent Mr. Yeager (Alt. 1) Present Ms. Stevenson (Alt. 2) Present Also Present: Jeffrey Barnes, Esq. for Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer & Planner Karen Keenan, Board Assistant Resolution(s): Motion made by Ms. Sheehan to adopt Resolution number 05-22-2025: 1, Matthew & Kara Crane, 1026 New York Avenue, Block 1102 Lot(s) 13 & 14, seconded by Mrs. Notch and carried 5-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Yeager, Ms. Stevenson, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Ledwin, Mr. Walsh. Motion made by Ms. Sheehan to adopt Resolution number 05-22-2025: 2, Joseph & Gail Stevenson, 233 Capehart Lane, Block 1031 Lot(s) 38.02 & 39, seconded by Mr. Yeager and carried 5-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Yeager, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Ledwin, Ms. Stevenson. Motion made by Ms. Sheehan to adopt Resolution number 05-22-2025: 3, Jason & Cynda Kliewe, 501 Hughes Street, Block 1049 Lot(s) 10.01, seconded by Mr. Yeager and carried 6-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Yeager, Ms. Stevenson, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Ledwin. Minutes: Motion was made by Ms. Sheehan to adopt the meeting minutes of April 24, 2025, seconded by Ms. Stevenson and carried 5-0. Those in favor: Ms. Sheehan, Mr. Walsh, Mr. Yeager, Ms. Stevenson, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Ledwin, Mrs. Notch. City of Cape May Zoning Board of Adjustment Meeting Minutes, May 22, 2025 Page 1 Application(s): John & Joan Dempsey 665 Hughes Street, Block 1058 Lot(s) 15 Attorney Ronald Gelzunas of Ronald J. Gelzunas LLC introduced the application seeking hardship and substantial benefit variances to construct an outdoor shower with roof to be attached to an existing shed and paver walkway. Owner Joan Dempsey, Engineer and Architect John Halbruner of The Hyland Group and Board Engineer and Planner Craig Hurless were sworn in by Solicitor Barnes for the record. Engineer Halbruner was accepted as an expert in engineering and architecture by Vice Chairperson Venuto. Attorney Gelzunas read the statement Owner Dempsey presented to the Historic Preservation Commission (HPC) at their meeting. Engineer Halbruner described the existing conditions at the property and provided the details of the project for the 4’ x 6’ shower and walkway. He advised the HPC has not reviewed the landscape plan that was presented to the board, and they will return to the HPC for approval if the board approves the application. He said the shower is not as noticeable attached to the shed as other options. Engineer Halbruner testified the purposes of zoning are advanced by encouraging municipal action to promote health, safety and general welfare by preserving historic characteristics and promoting a desirable visual environment by creative techniques. He added that the project poses no detriment to the zone plan, zoning ordinance or public good. Board members were allotted time for questions of Engineer Halbruner. There were questions about what can prevent a bathroom being installed in the shed and how the water will be sourced to the shower. Engineer Halbruner answered there will be no sewer drain (the shower is basically a glorified hose bib), and the water lines will run from the house to the shower. Engineer Hurless then summarized his memorandum dated February 24, 2025. He described his completeness review and the waivers he supported. He emphasized the utility layouts would be required on the plans to ensure no utilities are to be added to the shed. He summarized the details of the lot size, lot coverage, parking, shower enclosures and nonconforming structure on nonconforming lot variances requested. He said the record should reflect that the pergola is eight feet tall and commended the applicant on the enhanced landscaping design, which requires HPC approval. The General Review Comments 1-15 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 recommended approval of the project in their reports dated March 24, 2025, March 12, 2025 and March 15, 2025, respectively. Board members were allotted time for questions of Engineer Hurless. Member Sheehan asked about the change in lot coverage, and Engineer Hurless responded that the compliance plan must indicate a lot coverage better than 58% of the existing lot coverage if the board approves the application. Discussion was opened to the public within two hundred feet at 6:47 PM. City of Cape May Zoning Board of Adjustment Meeting Minutes, May 22, 2025 Page 2 Discussion was opened to the public beyond two hundred feet at 6:47 PM. Beth Acker, 637 Hughes Street, was sworn in by Solicitor Barnes. She spoke in support of the application. Rhonda Haskell, 629 Hughes Street, was sworn in by Solicitor Barnes. She spoke in support of the application. Discussion was closed to the public at 6:50 PM. Motion was made by Ms. Sheehan to grant the variances for §525-19B(1) Table 1 lot size, §525-19B(1) Table 1 lot coverage, §525-49C(1) parking – number of spaces, §525- 55A(6)(c)[1] shower enclosures – not attached to principal structure, §525-55A(6)(c)[2] shower enclosures – roof not permitted and §525-73D nonconforming structure on nonconforming lot variances, subject to waivers 19, 23, 26 and 28 and condition 27 listed on page two and conditions 1-15 as outlined on pages five and six in the February 24, 2025 memorandum by Craig R. Hurless, PE, PP, CME, and subject to all conditions discussed at the hearing, seconded by Mr. Yeager and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Yeager, Ms. Stevenson, Mr. Venuto. Those opposed: None. Those abstaining: None. Martin & Valerie Carlin 1102 Lafayette Street, Block 1113 Lot(s) 1 Member Notch recused herself from the application, as she owns property within two hundred feet. She departed the meeting at 6:52 PM. Attorney Lyndsy Newcomb introduced the application to enclose a rear porch after the applicant had received approval under Resolution 11-08-2023: 2 Owner Valerie Carlin was sworn in by Solicitor Barnes for the record. Board Engineer Craig Hurless remained under oath. Owner Valerie Carlin was present and testified they want to enclose the porch for additional space to utilize it for multiple seasons and protection from bugs. The floor area ratio will be increased but still compliant with code. Board members were allotted time for questions. Engineer Hurless then summarized his memorandum dated February 27, 2025. He commented that the application is a proposed amendment to Resolution 11-09-2023: 2. He described his completeness review and the waivers he supported. He said the calculation of the floor area ratio should be included in the plans. He summarized the details of the prior approval. The General Review Comments 1-8 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 recommended approval of the project in their reports dated March 24, 2025, March 10, 2025 and April 10, 2025, respectively. Board members were allotted time for questions of Engineer Hurless. City of Cape May Zoning Board of Adjustment Meeting Minutes, May 22, 2025 Page 3 Discussion was opened to the public within two hundred feet and beyond at 7:01 PM and closed with no public coming forward to comment. Motion was made by Ms. Sheehan to grant the variances for amendment to Resolution 11- 09-2023: 2 in accordance with §525-73B Zoning Review, subject to waiver 1 and conditions 13 and 18 listed on page two and conditions 1-8 as outlined on pages four and five in the February 27, 2025 memorandum by Craig R. Hurless, PE, PP, CME, and subject to all conditions discussed at the hearing, seconded by Mr. Ledwin and carried 6-0. Those in favor: Mr. Ledwin, Ms. Sheehan, Mr. Walsh, Mr. Yeager, Ms. Stevenson, Mr. Venuto. Those opposed: None. Those abstaining: None. Member Notch returned to the hearing at 7:02 PM. Matthew & Ann Lowe 1443 Delaware Avenue, Block 1171 Lot(s) 18 Attorney Ronald Gelzunas of Ronald J. Gelzunas LLC introduced the application seeking use, hardship and substantial benefit variances to construct a rear den and bedroom addition and outdoor shower. Owners Matthew and Ann Lowe and Architect Paul Farnan of Fulcrum Design Group LLC were sworn in by Solicitor Barnes for the record. Engineer and Planner Hurless remained under oath. Architect Farnan presented his credentials and was accepted as an expert in architecture by Vice Chairperson Venuto. Architect Farnan described the existing conditions at semi-detached duplex, which would not be permitted to be constructed today, as the zoning has changed. He described the plan in detail and said the addition will consist of an entryway, sitting room and bedroom on the first floor and a deck on the second floor. Architect Farnan said the height cannot be increased, as it would be intrusive, and the structure is supposed to look like one dwelling. He testified that the site can accommodate the expansion, and floor area ratio will not exceed the allowed 40%. The undersized lot is the result in the change in zoning. He said they mitigated the impact on the neighbors, zone plan and zoning ordinance by strategically placing the addition. Board members were allotted time for questions of Architect Farnan There were questions about the party wall and lot coverage. Architect Farnan said they had to maintain egress, and the deck on the second floor sets up with the existing party wall with zero setback. Architect Farnan said there are ways to reduce the lot coverage by splitting the driveway into strips. There was a question about the material below the deck next to the party wall, the shed and roof over the deck, and Architect Farnan said the area would be lawn or gravel and the shed to be removed. Owner Ann Lowe said there will be no roof over the deck. Engineer Hurless then summarized his memorandum dated March 18, 2025. He corrected his memorandum to read the dwelling with addition proposed to be 2,490 square feet of habitable space. He described his completeness review and the waivers he supported to be conditions of City of Cape May Zoning Board of Adjustment Meeting Minutes, May 22, 2025 Page 4 approval. He summarized the details of the expansion of non-conforming use, lot size, lot width and lot frontage, building setback – front yard, side yard setback (each and total), and lot coverage. The parking – number of spaces variance is not required, as parking complies with the requirement. He asked the applicant to provide a stormwater system, and the applicant agreed. Engineer Hurless said the lot coverage maximum is 30%, and the applicant must demonstrate they are meeting the proposed 34% lot coverage and revise the calculations on the plan. He commented that the massing of the building is appropriate by the floor area ratio not exceeding the maximum permitted. The General Review Comments 1-12 were reviewed and explained in detail with all items being classified as conditions of approval. The applicant agreed to all conditions. Engineer Hurless advised the Fire and Public Works Departments and Shade Tree Commission recommended approval of the project in their reports dated April 29, 2025, April 29, 2025 and May 2, 2025, respectively. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within two hundred feet at 7:41 PM. Guy Molinari, 1442 Missouri Avenue, was sworn in by Solicitor Barnes. He had no issue with the application. He requested that construction start after Labor Day, and the applicant agreed. Joe Simonetti, 1440 Missouri Avenue, was sworn in by Solicitor Barnes. He had no problem with the addition. He also wanted construction to start after Labor Day. Discussion was opened to the public beyond two hundred feet at 7:45 PM. Discussion was closed to the public at 7:45 PM. Motion was made by Ms. Sheehan to grant the variances for §525-14A use variance (expansion of non-conforming use), §525-14B(1) Table 1 lot size , §525-14B(1) Table 1 lot width & lot frontage, §525-14B(1) Table 1 building setback -front yard, §525-14B(1) Table 1 side yard setback (each & total) and §525-14B(2) lot coverage variances, subject to conditions 19, 28, and 38 listed on page two and conditions 1-12 as outlined on pages five and six in the March 18, 2025 memorandum by Craig R. Hurless, PE, PP, CME, and subject to all conditions discussed at the hearing, including the added condition that the project construction will not be started until after Labor Day, seconded by Mr. Ledwin and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Yeager, Ms. Stevenson, Mr. Venuto. Those opposed: None. Those abstaining: None. Discussion: Payment of Bills Motion made by Mr. Ledwin to approve the payment of bills, seconded by Mrs. Notch and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Yeager, Ms. Stevenson, Mr. Venuto. Those opposed: None. Those abstaining: None. City of Cape May Zoning Board of Adjustment Meeting Minutes, May 22, 2025 Page 5 Motion made by Ms. Sheehan to adjourn the meeting at 7:47 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, May 22, 2025 Page 6