05/23/2024 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, May 23, 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 Present Mr. Walsh Present Mr. Zektzer Present Mr. Cataldo (Alt. 1) Absent 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 Mrs. Notch to adopt the meeting minutes of April 25, 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: Ms. Sheehan. Resolution(s): Motion made by Mr. Venuto to adopt Resolution number 05-23-2024: 1, Dev Jagadesan, 918 Columbia Avenue, seconded by Mr. Zektzer and carried 6-0. Those in favor: Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Ms. Sheehan. Motion made by Mrs. Notch to adopt Resolution number 05-23-2024: 2, JTG Group LLC, 1382 Lafayette Street, seconded by Mr. Zektzer and carried 5-1. Those in favor: Mr. Ledwin, Mrs. Notch, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: Mr. Walsh. Those abstaining: Ms. Sheehan. Motion made by Mr. Zektzer to adopt Resolution number 05-23-2024: 3, Fern and Kevin Watters, 1218 New York 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: Ms. Sheehan. City of Cape May Zoning Board of Adjustment Meeting Minutes, May 23, 2024 Page 1 Motion made by Mr. Venuto to adopt Resolution number 05-23-2024: 4, Appointment of Board Engineer Craig R. Hurless, PE, PP, CME of Hurless Planning & Engineering, LLC as Board Engineer, seconded by Ms. Sheehan and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Application(s): Yacht Harbor Marine LLC 1505 Yacht Avenue, Block 1160, Lot(s) 6, 6.01 & 7 Chairperson Werner and Solicitor King announced this application is adjourned to the July 25, 2024 meeting with no further notice required. Steven and Catherine Clemens 504 Jefferson Street, Block 1074, Lot(s) 8 Attorney Keith Davis introduced the application for renovations to an existing swimming pool requiring variances for making the pool smaller but within the setback. Owners Steven and Catherine Clemens, Architect Debra Slaunwhite of Asher Slaunwhite Partners LLC and Board Engineer Craig Hurless were sworn in by Solicitor King. Owner Steven Clemens described their ownership of the home and said the pool liner is leaking and bowed. He described the patio as a patchwork of various materials. Architect Slaunwhite presented her credentials and was accepted as an expert in architecture by Chairperson Werner. Architect Slaunwhite referred to Sheet V-3 of the packet and described the rear yard photos five through ten. She described Sheet V-1, the Variance Plan, and Sheet V-2, the Site Diagrams. She said the pool will be in the same location but shorter, and the design is a better civic arrangement with no negative impact to the neighbors or the zone plan. She said they agree to all conditions listed by Engineer Hurless. Board members were allotted time for questions. Member Sheehan asked about the dimensions of the fence and if the pool filter will be raised. Architect Slaunwhite said the fence is 48” high around the pool, 72” high in the rear of the property, and the filter will have to be raised. Engineer Hurless then summarized his memorandum dated February 27, 2024. He described his completeness review and the waivers he supported. He recommended relocating the pool equipment to alongside the garage in his review comments on the variances requested. The General Review Comments 1-17 were reviewed and explained in detail with all items being classified as conditions of approval including a note to be added to the plan that no flood lighting is to be added. Engineer Hurless advised the Fire and Public Works Departments recommended approval of the project with no conditions in their reports dated March 18, 2024 and March 14, City of Cape May Zoning Board of Adjustment Meeting Minutes, May 23, 2024 Page 2 2024, respectively. The Shade Tree Commission recommended approval of the project in their report dated April 12, 2024 with the condition that the project should not impact the five existing trees on the property, and they recommended construction barriers be placed around the two trees facing Jefferson Street and one tree on Sewell Avenue. The applicant agreed to comply with the conditions. Owner Steve Clemens testified the garage is to be used for car parking and/or storage and not as a pool house. Board members were allotted time for questions of Engineer Hurless. Member Sheehan asked for the fence material, and Architect Slaunwhite replied it is wood. Discussion was opened to the public within two hundred feet and beyond at 6:36 PM and closed with no public coming forward to comment. Solicitor King explained the vote to the board. Motion was made by Ms. Sheehan to grant the variances for swimming pool and patio – setback and swimming pool setback from structure, subject to conditions 1-17, as outlined on pages four, five and six in the February 27, 2024 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, and subject to all conditions discussed on the record, including, but not limited to, conditions that the garage not to be used as a pool house, the pool equipment to be moved to a compliant location, and compliance with the Shade Tree Commission’s report dated April 12, 2024, seconded by Mrs. Notch and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. WCA Preservation Holdings LLC 1408 & 1410 Texas Avenue, Block 1160, Lot(s) 59, 60, 60.01, 60.02, 61 & 62 Attorney Keith Davis introduced the application for minor subdivision and variances for use (expansion of non-conforming use), lot size, building setbacks, lot width and lot frontage, side and rear yard setbacks, parking and lot(s) not abutting a street. He explained the demolition of a home that had fallen into disrepair at the property with the subsequent consolidation by the former tax assessor with the property consisting of the “Minesweeper” into one lot. He said the Minesweeper is situated in a business district, and the former single family home was in a residential district and lawfully existing before the piling failed resulting in the city requiring demolition. They are seeking to reestablish the home that was demolished. Owner/Architect Warren Claytor of Warren Claytor Architects, Architect and Engineer John Halbruner of The Hyland Group, Professional Planner Tiffany Morrissey and North Wildwood Fire and Construction Code Official Dan Spiegel were sworn in by Solicitor King. Engineer Hurless remained under oath. Owner Claytor provided the history of ownership of the property and presented his credentials as a licensed architect. He was accepted as an expert in architecture by Chairperson Werner. He said he learned the lots were administratively consolidated six months after settlement, and he has been working to reestablish the Department of Environmental Protection (DEP) permit for a City of Cape May Zoning Board of Adjustment Meeting Minutes, May 23, 2024 Page 3 single family home, at the property, to be used by his family seasonally. He showed and explained in detail the following which are in the application packet: A-1 Proposed First Floor Plan A-2 Proposed Second Floor Plan A-3 Proposed Third Floor Plan A-4 Proposed North & East Elevations A-5 Proposed South & West Elevations He said the plan advances the purposes of zoning by providing a desirable visual environment through creative development techniques and good civic design. Board members were allotted time for questions. Engineer Hurless asked the applicant to highlight the deviation from the original structure that existed. Owner Claytor said the difference is an additional 400 square feet permitted by the DEP. He said the structure will be built over the water and the garage will be used for sailboats and low-speed vehicles. There were questions about the parking for the property, which will be at the Minesweeper property via an easement. His plan is for both properties to be used only by his large family. Engineer and Architect John Halbruner presented his credentials and was accepted as an expert by Chairperson Werner. He presented and described Exhibit A-1, an aerial photograph of existing conditions of the property, Exhibit A-2, Sheet EXC101 Zoning District Exhibit, showing the R-3 and R-5 residential and NC neighborhood commercial zoning districts and Exhibit A-3, enlarged photos of those included in the application. He explained that the previous single family home had these non-conformities: did not front on Texas Avenue, building setback, lot width, lot frontage, habitable floor area minimum, rear yard setback, and parking. Engineer Halbruner showed and described a colored version of Sheet C101, Overall Site Plan. Solicitor King asked for the advantage of the additional square footage. Engineer Halbruner replied it helps with pedestrian movement. He explained the easement access in two locations for lot 59.01, which will have three parking spaces, two spaces for the Minesweeper and one space for the new lot 59.02 with a new easement for lot 59.02 across lot 59.01. Board members were allotted time for questions. Dan Spiegel, Construction and Fire Official for North Wildwood and former Fire Chief of the City of Wildwood, presented his credentials and was accepted as an expert by Chairperson Werner. He testified the property is fire safe because the east easement is wide enough and the proximity to the hydrant at Texas and Pittsburgh Avenues would meet the expectation for firefighting. He said there is adequate access to the properties for emergency services. He visited the site with the Fire Official Mark Barham who had no issue with the property layout from a fire safety standpoint. Board members were allotted time for questions. City of Cape May Zoning Board of Adjustment Meeting Minutes, May 23, 2024 Page 4 Member Sheehan asked about the ten foot easement by the laundromat. Official Spiegel replied that the firefighting apparatus is about eight feet wide, so the apparatus can adequately access the property. Engineer Halbruner said the gravel and stone density of the access easement at lot 59.01 is structurally strong for access by a fire apparatus truck. Professional Planner Tiffany Morrissey presented her credentials and was accepted as an expert by Chairperson Werner. Planner Morrissey summarized the variances sought of this unique application. She testified that the use variance can be granted as the lot with an existing non- conforming use is recreated by reestablishing the lot to its size prior to the consolidation of the lots. She said the application advances the purposes of zoning by providing adequate light, air and open space. She said the project creates a better zoning plan, a desirable visual environment, a good civic design and arrangement, with no detriment to the public good. She said the project creates appropriate population density by not overbuilding the property and advances the purposes of the master plan. Planner Morrissey said there is no negative on the zone plan and zoning ordinance. Board members were allotted time for questions. Engineer Hurless then summarized his memorandum dated February 20, 2024 including his completeness review and the waivers he supported. He described the zoning requirements for the proposed lots. He changed the existing parking at lot 59.02 in the zoning table to zero and said the one parking space proposed to be on lot 59.01 within an easement is a better parking situation. He summarized the details of the variances requested. The General Review Comments 1-14 were reviewed and explained in detail with all items being classified as conditions of approval. He supported a waiver of the applicant to comply with the minimum stormwater management and grading requirements. The applicant agreed to the conditions. The Fire Department, Public Works Department and Shade Tree Commission recommended approval of the project in their reports dated February 29, 2024, February 24, 2024, and March 12, 2024, respectively. Board members were allotted time for questions. Member Sheehan asked about the house being gone for many years. Solicitor King said it is not technically relevant, as the use is permitted in the zone. Member Walsh asked about the consolidation by the tax assessor. Solicitor King said the tax assessor follows the decisions of the board. Discussion was opened to the public within two hundred feet and beyond at 8:19 PM and closed with no public coming forward to comment. Solicitor King explained the vote to the board. Motion was made by Mr. Zektzer to grant minor subdivision approval and variances for use (non-conforming use new lot 59.01, lot size - new lot 59.01, building setback - new lot 59.01, lot width & lot frontage - new lot 59.01, Side Yard Setback - new lot 59.01, building setback - new lot 59.02, lot width & lot frontage - new lot 59.02, rear yard setback - new lot 59.02, side yard setback - new lot 59.02, parking - new lot 59.02 and N.J.S. 40:55D-35 City of Cape May Zoning Board of Adjustment Meeting Minutes, May 23, 2024 Page 5 planning variance – lot(s) not abutting a street, subject to the waivers outlined on page three, conditions 1-14 except the stormwater condition, as outlined on pages seven and eight in the February 20, 2024 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, and subject to all conditions discussed at the hearing, seconded by Mr. Venuto and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Discussion: Payment of Bills Motion made by Mrs. Notch to approve the payment of bills, seconded by Mr. Ledwin and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Motion made by Mr. Ledwin to adjourn the meeting at 8:24 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, May 23, 2024 Page 6