05/25/2023 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, May 25, 2023 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Vice Chairperson Sam Venuto 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 Absent Mr. Venuto, Vice Chairperson Present Ms. Hesel Absent Mr. Ledwin Present Mrs. Notch Present Ms. Sheehan Present Mr. Walsh Present Mr. Zektzer (Alt. 1) Present Mr. Cataldo (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. Ledwin to adopt the meeting minutes of April 27, 2023, seconded by Ms. Sheehan and carried 6-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Cataldo, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Walsh. Resolution(s): Motion made by Ms. Sheehan to adopt Resolution number 05-25-2023: 1, 429 Beach Avenue LLC, 429 Beach Avenue, seconded by Mrs. Notch and carried 6-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Cataldo, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Walsh. Motion made by Mr. Zektzer to adopt Resolution number 05-25-2023: 2, Nicholas Mitch, 240 Windsor Avenue, seconded by Ms. Sheehan and carried 6-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Cataldo, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Walsh. City of Cape May Zoning Board of Adjustment Meeting Minutes, May 25, 2023 Page 1 Application(s): Elaine’s Property Management LLC 513 Lafayette Street, Block 1053, Lot(s) 13 Solicitor King shared there is a proposed solution to this application, which is an appeal of an Historic Preservation Commission decision. To encourage the parties to reach an agreement, it was decided to adjourn this application to the June 22, 2023 meeting with no further notice required. Motion made by Ms. Sheehan to adjourn the application to the June 22, 2023 meeting, seconded by Mr. Zektzer and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Cataldo, Mr. Venuto. Those opposed: None. Those abstaining: None. Scott & Sarah Fisher 1141 Pennsylvania Avenue, Block 1124, Lot(s) 31 & 32 Attorney Ron Gelzunas introduced the application for an addition with several infill areas, conversion of a garage to accessory use, and a pool, which is not permitted in the zone. Owners Scott and Sarah Fisher, Architect Steve Fenwick and Board Engineer Craig Hurless were sworn in by Solicitor King for the record. Architect Fenwick presented his credentials and was accepted as an expert by Vice Chairperson Venuto. Architect Fenwick showed Sheet C-1 Variance Plan and Sheet C-2 Variance Elevations & Rendering, which were included in the application packet. He highlighted the project meeting the parking requirements and reviewed the zoning schedule. He felt the project improves the streetscape and there is no detriment to the neighborhood as the conversion of the garage does not impact parking at the property. Architect Fenwick said he could have designed a second story on the structure, but one story fits the neighborhood. Architect Fenwick said the addition would cause no detriments to bulk, light and air. The following were presented: Exhibit A-1, an overhead photo with lot grids and the property site and neighboring sites on the block circled, Exhibit A-2, a sheet including the Cape May Tax Map showing areas of Village Greene and surrounding areas and a Google Earth overhead photo of the same area with the property pinpointed, and Exhibit A-3, two pages of property photos including front and side exterior garage photos and two interior garage photos of the storage area and screened-in porch area. Architect Fenwick said the proposed pool meets the requirements of a pool in the pool ordinance, and the site is suitable for a pool for the lot which exceeds the minimum width requirement. He added that a pool would not be a detriment to the neighborhood, zoning ordinance and zone plan if the variance is granted. City of Cape May Zoning Board of Adjustment Meeting Minutes, May 25, 2023 Page 2 Scott and Sarah Fisher shared a history of the ownership of the property and their plan to age in place at the home. They said the garage is used for storage and as a screened-in porch, and they will not put heat or plumbing into the garage. Board members were allotted time for questions. Member Notch asked if they knew they wanted a pool when the property was purchased, and Sarah Fisher replied no. Member Sheehan commented that the application materials show an above-ground pool at the site. Sarah Fisher said the pool was there during the pandemic and has been removed. Member Walsh asked if there are different requirements for above-ground pools and in-ground pools, and Engineer Hurless said there is no differentiation between above-ground pools and in-ground pools. Member Notch asked about trees on the property. Scott Fisher said no trees will be removed at the property. Member Cataldo asked if the area soil condition is the reason for the lack of pools in the district. Engineer Hurless said this property is in the only residential district that does not permit pools in the city. He said as a planner he believes it was intentionally and properly done, as the area includes quads, attached structures, smaller lots and dense development, for noise and space buffering. Member Sheehan noted there is a lot of stone at the property, and Engineer Hurless said it is not really permitted. Scott Fisher said the stone was there when the property was purchased, and they plan to replace the stone with lawn. Member Sheehan asked about the possibility of adding a second story. Engineer Hurless said 20 feet is the height limit in the district; he has seen a second floor accomplished but it is tight. Solicitor King asked Engineer Hurless to speak to why the location may be particularly well suited to the proposed use despite the zoning, as articulated by Attorney Gelzunas and Architect Fenwick. Engineer Hurless said it is difficult to answer, as the lots include many different types of structures including quads, attached dwellings and single family dwellings each with different zoning requirements. Engineer Hurless then summarized his memorandum dated March 20, 2023 including his completeness review with the waivers he supported and the two conditions of approval and his comments on the four variances requested. He described the application as layered and said the additions could be built by-right if the lot was undeveloped. The blocking of the garage and accessory use of the pool require variances. He said the clarification of the use of the garage to be one half storage and one half seasonal use changes the structure use to be other outbuilding. Regarding the pool variance, he said the benefits must be to the neighborhood with the question being do the positives outweigh the negatives. The General Review Comments 1-17 were reviewed and explained in detail with all items being classified as conditions of approval. The applicants confirmed the garage will not be a pool house. Engineer Hurless said a stormwater system condition of approval will still apply if the pool variance is not approved. Scott Fisher confirmed the house is proposed to be a three bedroom house, the pool equipment is to be placed in the garage and the curb cut was widened to eighteen feet when the street was recently reconstructed. Engineer Hurless advised the Fire Department, Public Works Department and Shade Tree Commission approved the project with no conditions in their reports, dated April 5, 2023, April 12, 2023 and April 5, 2023, respectively. City of Cape May Zoning Board of Adjustment Meeting Minutes, May 25, 2023 Page 3 Board members were allotted time for questions of Engineer Hurless. Member Sheehan asked if the pool variance is a “d” variance, and Engineer Hurless replied yes. Discussion was opened to the public within two hundred feet at 7:11 PM. Discussion was opened to the public beyond 200 feet at 7:12 PM. Ron Tutter, 1209 Cape May Avenue, 1150 Pennsylvania Avenue and 1152 Pennsylvania Avenue, was sworn in by Solicitor King. He spoke in support of the application and felt the project enhances the streetscape. Mary Parsons Snyder, 1343 Pennsylvania Avenue, was sworn in by Solicitor King. She has had water issues in the rear of her property and has a concern about the pool as a nuisance. Noise is a concern for her, and she believes the planning decision to not permit pools in the area was correct. She was not in favor of the application. William Currie, 1363 Pennsylvania Avenue, was sworn in by Solicitor King. He agreed with the concerns raised about pool noise, the water table in Village Greene and the R-4 District. His lot size is 50 x 125 and felt a pool adjacent to his property would create a noise concern. He spoke against the application. Dave Kaplan, 1153 Pennsylvania Avenue, was sworn in by Solicitor King. He spoke in support of the application. Thomas Lederer, 1200 Illinois Avenue, was sworn in by Solicitor King. He said a pool would change the character of the neighborhood. He moved there to be in a quieter neighborhood with less traffic, little parking problems and not a lot of noise. He expressed concern about water table issues and felt that approval of a pool would also cause others to want a pool. Discussion was closed to the public at 7:23 PM. Member Sheehan commented the area is dense, and the Board must be careful with their decision with houses close to each other. She said the planners made the campus style development for a reason and pools in the neighborhood would create noise and be a detriment to the neighborhood. Attorney Gelzunas summarized the application in his closing statement. Solicitor King explained to the Board there will be two separate votes on the application with the first to be decided by a simple majority for the garage, and the second for the use variance requiring five of seven positive votes to carry. Motion was made by Mrs. Notch to approve the bulk variances under the c-2 standard for the rear accessory structure, as outlined on page four of six of the March 20, 2023 Board Engineer’s review memorandum, subject to the waivers 23 and 33 outlined on page two, as well as the applicable conditions 1-17, as outlined on pages five and six of six in the March City of Cape May Zoning Board of Adjustment Meeting Minutes, May 25, 2023 Page 4 20, 2023 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, seconded by Mr. Zektzer and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Cataldo, Mr. Venuto. Those opposed: None. Those abstaining: None. Motion was made by Mrs. Notch to approve the use variance for the accessory use of a pool, requiring five positive votes out of seven, as outlined on page four of six of the March 20, 2023 Board Engineer’s review memorandum, subject to the waivers 23 and 33 outlined on page two, as well as the applicable conditions 1-17, as outlined on pages four and five in the March 20, 2023 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, seconded by Mr. Venuto and did not carry 0-7. Those in favor: None. Those opposed: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Cataldo, Mr. Venuto. Those abstaining: None. Nancy Tiburzio 1260 Cape May Avenue, Block 1134, Lot(s) 11, 12 & 13 Attorney Ron Gelzunas introduced the application for variances for building setback, lot coverage, and pool patio setback. Wendy Caperonis, daughter of Owner Nancy Tiburzio, and Landscape Designer Jacob Zurilla were sworn in by Solicitor King for the record. Engineer Hurless remained under oath. Designer Zurilla presented his credentials and was accepted as an expert in landscape design by Vice Chairperson Venuto. Ms. Caperonis gave a history of the family’s ownership of the property. Attorney Gelzunas referred the Board to the aerial images, for the years 2000, 2005, 2007, 2010, 2012, 2013, 2016, 2019 and 2022, that are included in the application packet as Exhibit D. The following exhibits were distributed at the meeting: A-1 Dionysus Design-Build Site Plan A-2 Dionysus Design-Build Existing Plants A-3 Dionysus Design-Build Planting Plan A-4 Dionysus Design-Build Pavillion [sic] Elevation A-5 Site Photos, Current and Prior to Construction, DeBlasio & Associates Existing Conditions Survey dated 02-13-2023 and Dante Guzzi Engineering Associates Plan of Survey dated 06-02- 2021 The exhibits and aerial images were described, and Designer Zurilla stated they are trying to return the property to the conditions that existed in 2005 with pavers around the pool for safety and planting beds to absorb more water and a better design for the home and area. He said the plan to add arbor vitae to buffer the visibility of the pool and Cape May native landscaping that will also attract birds. He sees no detriment. Ms. Caperonis said the second floor construction caused water intrusion and the builder said they would need a front porch, which requires a variance, to eliminate the water issue. Board members were allotted time for questions. City of Cape May Zoning Board of Adjustment Meeting Minutes, May 25, 2023 Page 5 Engineer Hurless asked if the pool will remain, and the response was yes. Member Sheehan asked about the hot tub, and Ms. Caperonis said it has been already removed. Member Sheehan asked about the fireplace, and Ms. Caperonis said it is to be under the pavilion. Engineer Hurless then summarized his memorandum dated March 30, 2023 including his completeness review, the waivers he supported and his comments on the three variances requested. He said the plans and elevations of the pavilion structure had been provided at the meeting, and the compliance set should be consistent with the dimensions provided. He said the requisite number of street trees should be provided if not existing. The following changes were made to his tables on page three of five: the building setback line – Cape May Avenue existing was changed to 23.7 feet existing and 23.7 feet proposed; the lot coverage proposed was changed from 42% to 37%, an improvement but still non-conforming, parking required was changed to four required and four proposed, the swimming pool setback was changed to 9.5 feet to the existing pool and 7.5 feet to the proposed patio with two feet maximum of pavers to surround the pool. The General Review Comments 1-4 were reviewed and explained in detail with all items being classified as conditions of approval. Engineer Hurless advised the Shade Tree Commission, Fire Department and Public Works Department approved the project with no conditions in their reports, dated April 3, 2023, May 9, 2023 and May 10, 2023, respectively. Board members were allotted time for questions of Engineer Hurless. Member Sheehan asked about number of bedrooms and parking. Engineer Hurless said there are seven bedrooms which requires the parking to be four spaces with no variance required. Discussion was opened to the public within two hundred feet at 8:39 PM. Lisa Frick, 402 Trenton Avenue, was sworn in by Solicitor King. Her property is behind the property. They share a tight property area, and the fence is on the property line. She is concerned about the pool setback, pool pavers and the arbor vitae. Designer Zurilla said the arbor vitae will remain. She shared that rainwater pools in front of the property and her property. She is concerned about drainage after the permeable surface in the rear is installed. Engineer Hurless acknowledged the area is known for drainage problems and said the applicant will be required to provide a stormwater drainage system as a condition of approval. Peer H. Schmidtchen, 1300 Idaho Avenue, was sworn in by Solicitor King and shared his experience as a member of the Zoning Board for many years. He asked for additional conditions regarding lighting, fencing and noise. He was complimentary of the Board and suggested the members articulate the reasons for their decisions on their votes whether they be positive or negative. Discussion closed to the public at 8:51 PM. Solicitor King explained the vote to the Board. City of Cape May Zoning Board of Adjustment Meeting Minutes, May 25, 2023 Page 6 Motion was made by Mr. Ledwin to approve variances 1, 2, and 3 for building setback, lot coverage and pool patio setback, as outlined on page three of five of the March 30, 2023 Board Engineer’s review memorandum, subject to the waivers 5, 19, 23, 26, 27, 28 and 31, outlined on page two, as well as conditions 1-14, as outlined on pages four and five in the March 30, 2023 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, and all conditions discussed at the hearing, seconded by Mrs. Notch and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Cataldo, Mr. Venuto. Those opposed: None. Those abstaining: None. Motion made by Mr. Walsh to adjourn the meeting at 8:53 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, May 25, 2023 Page 7