05/26/2022 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, May 26, 2022 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Diane Hutchinson at 6:00 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 Present Ms. Hesel Present Mr. Ledwin Present Mrs. Notch Absent Mr. Walsh Present Mrs. McDade (Alt. 1) Present Sam Venuto (Alt. 2) Absent Also Present: Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer Karen Keenan, Board Assistant Minutes: Motion was made by Mrs. Werner to adopt the meeting minutes of April 28, 2022, seconded by Mr. Ledwin and carried 5-0. Those in favor: Mr. Ledwin, Mr. Walsh, Mrs. McDade, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mrs. Werner, Ms. Hesel. Resolutions: Motion made by Mr. Murray to adopt Resolution number 05-26-2022: 1, Cape May Sea Glass Properties LLC, 933 Beach Avenue, seconded by Mr. Ledwin and carried 5-0. Those in favor: Mr. Ledwin, Mr. Walsh, Mrs. McDade, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mrs. Werner, Ms. Hesel. Mr. Murray complimented Solicitor King on the preparation of the resolution. Motion made by Mr. Murray to adopt Resolution number 05-26-2022: 2, Michael and Sarah Noel, 1303 New Jersey Avenue, seconded by Mrs. McDade and carried 4-1. Those in favor: Mr. Ledwin, Mrs. McDade, Mr. Murray, Mrs. Hutchinson. Those opposed: Mr. Walsh. Those abstaining: Mrs. Werner, Ms. Hesel. Motion made by Mrs. Werner to adopt Resolution number 05-26-2022: 3, Walter and Anna DeForest, 1500 Velvento Avenue, seconded by Mrs. McDade and carried 3-2. Those in favor: Mr. Ledwin, Mr. Murray, Mrs. Hutchinson. Those opposed: Mr. Walsh, Mrs. McDade. Those abstaining: Mrs. Werner, Ms. Hesel. City of Cape May Zoning Board of Adjustment Meeting Minutes, May 26, 2022 Page 1 Application(s): Paul & Nancy Valentine 1312 Maryland Avenue, Block 1148, Lot(s) 12 & 13 Solicitor King announced that this application is adjourned to the June 23, 2022 meeting with no further notice required. John and Rebecca Adams 339 Congress Street, Block 1031, Lot(s) 80 & 81 Member Werner recused herself from this application. Attorney Tom Hillegass introduced the application. Owners John and Rebecca Adams, Architect Paul Farnan and Board Engineer Craig Hurless were sworn in by Solicitor King for the record. Attorney Hillegass shared Exhibits A-1, an aerial view of the house, A-2, a street view of the property and A-3, a corner view of the property. He stated the applicants want to add an artist studio for Rebecca Adams, who is an artist. John Adams said they want to raise the level of the garage to be level with the first floor of the home to make a great room and raise the ceiling for a fireplace, seating area and television with a spiral staircase to access the artist studio. Architect Farnan was accepted as an expert by Chairperson Hutchinson. He said the project to expand the living space will reduce the footprint and lot coverage with no increase to the current bedrooms at four. Architect Farnan said the lot is a preexisting undersized lot, and the project is no substantial detriment to the public good plus provides enhancement of a desirable visual environment. He added that the benefits outweigh the detriment, and there is no impairment to the zone plan. Board members were allotted time for questions of the applicants and architect. Member McDade and Engineer Hurless asked about the lot coverage and number of bedrooms shown on the plans. Architect Farnan replied that new plans, dated April 14, 2022, were submitted but were too late to be reviewed by Engineer Hurless. Engineer Hurless said when a room is not labelled, he takes a conservative approach and labels it a bedroom. It was determined that the loft is to be labelled as a loft studio, the lot coverage and floor area ratio must be shown on revised plans if the application is approved. Attorney Hillegass stated that four bedrooms exist today at the property, and there will be four bedrooms in the future if the application is approved. Member Walsh asked if the garage is currently being used for parking with the answer being no. He then asked where the beach chairs, etc. would be stored. Rebecca Adams replied that an area under the front deck will be used to store those items. City of Cape May Zoning Board of Adjustment Meeting Minutes, May 26, 2022 Page 2 Board Engineer Hurless then summarized his report dated January 17, 2022. He described his completeness review and waivers requested. Solicitor King asked about the landscaping plan waiver. Engineer Hurless replied he supported the waiver, because no trees are impacted. He described the zoning requirements and summarized the variances requested with the variance for parking no longer being required due to no change in the number of bedrooms. He then shared his general review comments 1-13 in detail including additional site plan detail needed including showing the loft area and parking calculations added to the zoning table and change in stormwater runoff requiring a grading and drainage plan, with all items being conditions of approval. Engineer Hurless read the Shade Tree Commission report, dated January 24, 2022, which shows that barriers are to be placed around existing trees and no excavation to be done around the roots of existing tree, particularly the American Ash. Attorney Hillegass said the applicants will comply with the requirements of the Shade Tree Commission. Board members were allotted time for questions of Engineer Hurless. Member McDade asked about changes in stormwater runoff patterns, and Engineer Hurless answered he looks at downspouts during his inspections. Discussion was opened to the public at 6:41 PM and closed with no public coming forward to comment. Solicitor King explained the vote to the Board. Motion was made by Mr. Murray to grant the variances for lot size, rear yard setbacks and nonconforming structure on nonconforming lot, subject to waivers 23-33, and conditions of approval discussed at the hearing, including plans to be revised to show four bedrooms total and two parking spaces, clarification on the slate and lot coverage, compliance with conditions in the January 24, 2022 Shade Tree Commission report and conditions 1-13 outlined in the review memorandum from Board Engineer Craig R. Hurless, PE, PP, CME, dated January 17, 2022, seconded by Ms. Hesel and carried 5-1. Those in favor: Ms. Hesel, Mr. Walsh, Mrs. McDade, Mr. Murray, Mrs. Hutchinson. Those opposed: Mr. Ledwin. Those abstaining: None. Member Werner returned to the meeting. Discussion: 2019, 2020, and 2021 Zoning Board of Adjustment Decisions Engineer Hurless explained that the Board Secretary compiles a list of applications heard and decisions of the Board annually for use by the Planning Board to evaluate any pattern of decisions to see if zoning changes are in order. City of Cape May Zoning Board of Adjustment Meeting Minutes, May 26, 2022 Page 3 Motion was made by Mr. Murray to forward the 2019, 2020, and 2021 Zoning Board of Adjustment Decisions to the Planning Board for their information, seconded by Mrs. McDade and carried 7-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Ledwin, Mr. Walsh, Mrs. McDade, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Motion made by Mr. Murray to adjourn the meeting at 7:00 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, May 26, 2022 Page 4