05/27/2021 - Zoning Board Meeting - Virtual

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, May 27, 2021 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 virtually via Zoom and streamed live on Facebook. 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 Present Mr. Van de Vaarst Absent Mrs. Lukens Absent Mr. Ledwin Present Mrs. Nelson (Alt. 1) Present Mrs. Notch (Alt. 2) Present Also Present: Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer Karen Keenan, Board Assistant Oath of Office: New member Norman Ledwin took the Oath of Office. Resolution(s): Motion was made by Mrs. Nelson to adopt Resolution number 05-27-2021: 1, DeForest, 1620 New York Avenue, seconded by Ms. Hesel and carried 3-2. Those in favor: Ms. Hesel, Mrs. Nelson, Mrs. Hutchinson. Those opposed: Mrs. Notch, Mr. Murray. Those abstaining: Mr. Ledwin. Motion was made by Mrs. Nelson to adopt Resolution number 05-27-2021: 2, McDade, 1263 Pennsylvania Avenue, seconded by Ms. Hesel and carried 5-0. Those in favor: Ms. Hesel, Mrs. Nelson, Mrs. Notch, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mr. Ledwin. Application(s): Mary Walchak 834 Lafayette Street Block 1092 Lot(s) 10 Solicitor King announced that this application is adjourned to the June 24, 2021 meeting with no ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- May 27, 2021 -- Page 1 further notice being required by the applicant. Solicitor King also advised that the June 24, 2021 Zoning Board meeting will be held in person in the City Hall Auditorium. Cape CJ LLC 1301 Beach Avenue Block 1146, Lot(s) 26.02, 27 & 28 Attorneys Chris Baylinson and Alex Barrera, Architect Joseph Ross and Applicant Jeff Gernitis of Peter Shields Inn were present for this application. Architect Ross, Applicant Gernitis and Board Engineer Craig Hurless were sworn in by Board Solicitor Richard King. Attorney Baylinson described the relief sought for this application to change 44 inside dining seats to be either inside dining seats or outdoor dining seats. Engineer Hurless explained the need for the relief being sought for this complicated application due to the permitted uses in the zone of eating establishments and tourist guest houses with the restaurant being the accessory use. He said the project brings the square footage greater than allowed, creating an expansion of a non-conforming use, and a setback variance is being requested. Mr. Gernitis confirmed that no additional dining seats are requested; the 44 seats will be removed from the inside to the outside when required. He referred the members to the project’s 3-D rendering and shared that the Historic Preservation Commission approved the project. Board members were allotted time for questions of Mr. Gernitis and asked about the need for outdoor seating after the pandemic restrictions are lifted. Mr. Gernitis replied that the pandemic changed everything for the restaurant, and he believes the demand for outdoor dining will remain when the pandemic ends. There was also a question about another area on the site for the outdoor seating, and Mr. Gernitis indicated that they reserve the other available space for hotel guests. Architect Ross was accepted as an expert by Chairperson Hutchinson. Architect Ross described the brick paver terrace with a slight slope to Trenton and Beach Avenues for drainage and a retaining wall less than two feet high. He said there is no negative impact on the zoning ordinance, and the HPC unanimously approved the project. He added that the project conforms for lot coverage. Board members were allotted time for questions. There was a question about the seating plan. Mr. Gernitis said a seating plan will be filed with the City. Attorney Baylinson exited the meeting. Engineer Hurless then presented his memorandum dated May 14, 2021. Engineer Hurless described his completeness review and the variances and conditional use approval required in detail. He advised the Board that the parking variance requirement has been removed based on the applicant’s testimony. The General Review Comments 1-11, plus an additional condition number 12 that the dining seats are not to exceed eighty total seats whether indoor or outdoor seats, were reviewed and explained in detail with all items being classified as conditions of approval. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- May 27, 2021 -- Page 2 Board members were allotted time for questions of Engineer Hurless. Attorney Barrera said the applicant will comply with all conditions of approval. Discussion was opened to the public within 200 feet at 6:51 PM, beyond 200 feet at 6:52 PM and closed at 6:53 PM with no public coming forward to comment. Solicitor King explained the vote to the Board. Motion was made by Mrs. Nelson for site plan, amended preliminary and final, and variances for expansion of non-conforming use, building setback, and parking, subject to all conditions of approval, including the condition that the total number of dining seats are at no time to exceed eighty (80) seats whether situated indoors or outdoors, discussed at the meeting and listed in the Board Engineer memorandum, by Craig Hurless, dated May 14, 2021 seconded by Mr. Murray and carried 6-0. Those in favor: Ms. Hesel, Mr. Ledwin, Mrs. Nelson, Mrs. Notch, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Board members expressed their reasons for their votes. Daniel and Mabeth Hudson 1527-1529 Yacht Avenue Block 1160, Lot(s) 20, 20.01 & 21 Attorney Jeff Barnes introduced the application and Owner Dan Hudson, Architect Morris Clarke of DAS Architects and Engineer and Planner Brian Murphy. Owner Hudson, Architect Clarke and Engineer Murphy were sworn in by Board Solicitor Richard King. Architect Clarke presented his credentials and was accepted as an expert by Chairperson Hutchinson. Attorney Barnes described the proposed three story structure which has received conceptual approval from the Historic Preservation Commission. Owner Hudson shared the family’s ties to Cape May and the desire to leave the property for future generations. Architect Clarke described the proposed structure and shared his screen to show photos of the block, floor plans, the elevations and renderings. He testified that a typical boathouse will need depth for the garage requiring the setback variance. He added that the design of the house with glass adds to the light, air and open space. Board members were allotted time for questions. Engineer Murphy presented his credentials and was accepted as an expert by Chairperson Hutchinson. Engineer Murphy said most neighboring properties are non-conforming, and a Coastal Area Facility Review Act (CAFRA) permit is required and has been obtained for the project. He explained that there is a requirement of ten feet from the bulkhead to be open to allow for repair, and the shallowness and exceptional narrowness of the property makes it a hardship. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- May 27, 2021 -- Page 3 He added that the benefits outweigh the detriments with no substantial impact on the surrounding properties. Board members were allotted time for questions. Engineer Hurless then presented his memorandum dated April 22, 2021. He described his completeness review and said the applicant provided the certified list of property owners within 200 feet. Engineer Hurless advised the board that the setbacks proposed are 5.91 feet not as shown in his table at 5.92 feet and requested that the applicant clarify this on the plans as a condition of approval. The General Review Comments 1-12 were reviewed and explained in detail with all items being classified as conditions of approval. Engineer Hurless highlighted that the landscaping should be seashore tolerant. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within 200 feet at 7:53 PM. Maryanne Papendick, 1526A Yacht Avenue, was sworn in by Solicitor King and found the building to be beautiful but asked if the house could be shifted to the right to maintain the ninety- foot view versus the proposed twenty-foot view. After discussion, it was determined that there would be issues with the Department of Environmental Protection and create the need for additional variances. She also expressed concern about flooding on the narrow street. Kim Crowley, 1524A Yacht Avenue, was sworn in by Solicitor King and also lives across form the property. She also wanted the structure shifted, as she was concerned about her water view. Discussion was closed to the public at 8:13 PM. Solicitor King explained the vote to the Board. Motion was made by Mr. Murray to grant the variance for building setback, subject to all conditions of approval discussed at the meeting and listed in the Board Engineer memorandum, by Craig Hurless, dated April 22, 2021 seconded by Mrs. Nelson and carried 6-0. Those in favor: Ms. Hesel, Mr. Ledwin, Mrs. Nelson, Mrs. Notch, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Motion made by Mr. Murray to adjourn the meeting at 8:17 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- May 27, 2021 -- Page 4