06/22/2023 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, June 22, 2023 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Terri Werner at 6:09 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 Present Mr. Venuto, Vice Chairperson Present Ms. Hesel Present Mr. Ledwin Absent Mrs. Notch Present Ms. Sheehan Present Mr. Walsh Absent 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 Mrs. Notch to adopt the meeting minutes of May 25, 2023, seconded by Ms. Hesel and carried 6-0. Those in favor: Ms. Hesel, Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Cataldo, Mr. Venuto. Those opposed: None. Those abstaining: Mrs. Werner. Resolution(s): Motion made by Ms. Sheehan to adopt Resolution number 06-22-2023: 1, Scott and Sarah Fisher, 1141 Pennsylvania Avenue, seconded by Mr. Venuto and carried 6-0. Those in favor: Ms. Hesel, Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Cataldo, Mr. Venuto. Those opposed: None. Those abstaining: Mrs. Werner. Motion made by Ms. Sheehan to adopt Resolution number 06-22-2023: 2, Nancy Tiburzio, 1260 Cape May Avenue, seconded by Mr. Zektzer and carried 6-0. Those in favor: Ms. Hesel, Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Cataldo, Mr. Venuto. Those opposed: None. Those abstaining: Mrs. Werner. City of Cape May Zoning Board of Adjustment Meeting Minutes, June 22, 2023 Page 1 Application(s): Michael Wood 413 Broadway, Block 1032, Lot(s) 1 Attorney Chris Baylinson introduced the application for egress to the third floor from the second floor, a use variance for the expansion of the apartment, lot size, parking variance and additional signage. No bunkroom for employees is contemplated. Owner Michael Wood, Architect Joe Courter and Board Engineer Craig Hurless were sworn in by Solicitor King for the record. Architect Courter presented his credentials and was accepted as an expert by Chairperson Werner. Owner Wood gave a history of ownership of the property and shared Exhibits A-1 through A-6 which are photos of the property. Architect Courter shared the plans with the board and said he focused on egress from the top of the building to the landing to the ground. He said a landscaping plan can be supplied as a condition of approval. The egress was accomplished by changing an existing shed dormer to an “A” dormer to allow a door to be added, increasing the floor area ratio. He said there is no substantial detriment to the neighborhood, noise will be decreased, and the design is in keeping with the neighborhood. He added the project promotes fire safety, advances the purposes of zoning, the dormers are in keeping with the neighborhood, there is no substantial detriment to the public good, the zoning plan or zoning ordinance. Board members were allotted time for questions. Member Notch asked if outdoor seating is contemplated and if there would be seating in the screened porch. The answer was no, and the screened porch is on the second floor and away from the restaurant. Member Sheehan asked about the current entrance to the second floor and the prior use of the second and third floors. Attorney Baylinson said at transfer of the property, the uses were listed as a commercial unit and an apartment. Engineer Hurless said that the zoning in R-2 district permits only single family dwellings in the zone, but the uses at this property are existing non- conforming uses. Any proposed changes trigger the use variance as expansion of existing non- conforming use. Architect Courter said the need for egress is the sole reason for the increase in the floor area ratio. Member Sheehan expressed concern about parking. There was discussion on the number of bedrooms and restaurant seating at the property. Architect Courter said there is no sleeping on the third floor. Member Cataldo asked if the Historic Preservation Commission (HPC) approved the proposed signs. Final HPC approval will be required as a condition of approval. Engineer Hurless then summarized his memorandum dated March 20, 2023 including his completeness review with the waivers he supported and his comments on the five variances required including two d variances for use and floor area ratio. He changed his parking analysis in the zoning chart on page four to reflect Attorney Baylinson’s confirmation of 86 restaurant City of Cape May Zoning Board of Adjustment Meeting Minutes, June 22, 2023 Page 2 seats to show 21 parking spaces required for the restaurant seats, which changes the total required at the property to be one additional space--38 parking spaces. Engineer Hurless explained the signage change to be two proposed signs that include 54 total square feet of signage. The General Review Comments 1-18 were reviewed and explained in detail with all items being classified as conditions of approval. Engineer Hurless advised the Fire Department and Public Works Department approved the project with no conditions in their reports of April 5, 2023 and April 12, 2023 respectively. The Shade Tree Commission approved the project with the conditions that the pear tree to the right and the southern magnolia to the rear of the building need barriers for protection in their report dated April 24, 2023; the applicant agreed to this comply with this condition. Attorney Baylinson said the chef, Carl Messick, did apply for a license with a reduced number of seats. Solicitor King asked if they would accept as a condition of approval to reduce the number of seats on the Grana mercantile license to 78 seats, thus reducing the parking requirement by two spaces. Attorney Baylinson agreed. Member Sheehan suggested applicant apply to the city for a parking permit to allow parking across the driveway. The applicant agreed to apply for the parking permit for parking across the driveway as a condition of approval. Board members were allotted time for questions of Engineer Hurless. Member Sheehan asked if there were prior board applications. Engineer Hurless responded that there have not been any board applications for this property for the period of 1995 to the present. Discussion was opened to the public within two hundred feet and beyond at 7:03 PM with no public coming forward to comment. Solicitor King explained the vote to the Board including the use and floor area ratio variances requiring five of seven positive votes to carry. Motion was made by Mrs. Notch to approve variances 1-5 as listed on page four of seven in the March 20, 2023 Board Engineer’s review memorandum, with the modifications to parking, subject to the conditions outlined in the March 20, 2023 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME and discussed at the hearing including the landscaping plan, the Shade Tree Commission conditions, the good faith application for a parking permit, and the bike rack, seconded by Mr. Venuto and carried 7-0. Those in favor: Ms. Hesel, Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Cataldo, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Cela Tega LLC 1521 Beach Avenue, Block 1174, Lot(s) 15 & 16 Attorney Ron Gelzunas introduced the application for variances for rear and side yard setbacks and lot coverage. Owners Jim and Teresa Knipper and Engineer and Planner John Kornick were City of Cape May Zoning Board of Adjustment Meeting Minutes, June 22, 2023 Page 3 sworn in by Solicitor King for the record. Engineer Hurless remained under oath. Engineer Kornick presented his credentials and was accepted as an expert by Chairperson Werner. Engineer Kornick described the property with an existing non-conforming rear yard setback and advised the plan has been changed since Engineer Hurless’ review and the two variances for side yard setback and lot coverage are no longer sought. The project includes moving the garage closer to the primary structure, and the garage to include first floor parking, second floor bedroom and the third floor to be an art studio. Member Sheehan asked about rear yard for this property. Engineer Hurless said that for this property, the applicant chooses to designate the rear yard. Engineer Kornick said the proposed reconstruction of the garage will remain in the same footprint where it currently exists regarding the rear yard setback. Engineer Kornick presented Exhibit A- 1 Site Rendering Plan, which is included in the application. Changes to the Site Rendering Plan include the proposed maximum impervious coverage to be 45% (from 47.2%) and the proposed side yard setback to be 8.2 feet (from 7.3 feet). There was discussion regarding an easement for three other Beach Avenue owners to access the rear of their properties, which Engineer Kornick said was not on the survey. Engineer Kornick said the project promotes a desirable visual environment, health, safety and general welfare, conservation of historic sites and districts and provides more open space. Board members were allotted time for questions. Member Sheehan asked about the HPC approval to demolish the garage, as she did not see demolition approval in the application documents. Member Cataldo asked if the HPC application received two separate decisions, and Jim Knipper said he did not recall two separate decisions. Solicitor King said that final HPC approval is required as a condition of approval. Engineer Hurless then summarized his memorandum dated April 26, 2023 including his completeness review, the details required as conditions of approval, waivers he supported and his comments on the variance requested. The applicant agreed to the conditions of approval including those listed in the General Review Comments 1-16. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within two hundred feet at 7:38 PM. Joe Dussinger, 1520 New Jersey Avenue, Unit 202, was sworn in by Solicitor King. He felt there are negative impacts to the sunlight and his view of the ocean in the project changing from a two story structure to a three story structure. He spoke in opposition of the application. Fran Marabella, 1520 New Jersey Avenue, Unit 105, was sworn in by Solicitor King. He said the project will affect the light, air and open space he has enjoyed since purchasing the property and negatively affect his property values. He is concerned about the driveway easement. City of Cape May Zoning Board of Adjustment Meeting Minutes, June 22, 2023 Page 4 Jeanette Marabella, 1520 New Jersey Avenue, Unit 105, was sworn in by Solicitor King. She agreed with the comments of her husband. She wanted to read other unit owners’ letters but was not permitted due to hearsay. Karen Haines, 1520 New Jersey Avenue, Unit 102, was sworn in by Solicitor King. She presented one sheet of five photos and a Redfin 6/21/2023 webpage for 1521 Beach Avenue, which were labelled Objector Exhibits Haines-1 and Haines-2. She described the photos of the views from her unit in detail. She said the project will affect her view and negatively affect her privacy. She is concerned about the loss of sunlight, air and sound of the ocean. She felt the project would negatively affect her quality of life and property values. She asked the Board to reject the application. Michelle O’Donnell, 1624 New Jersey Avenue, 1520 New Jersey Avenue, Unit 325, was sworn in by Solicitor King. She asked the Board to take careful consideration of the application which includes demolition of a garage that has been in Cape May for over one hundred years. She objected the application. Discussion was opened to the public beyond 200 feet at 8:00 PM. Warren Coupland, 737 Washington Street and Chairperson of the Historic Preservation Commission was present to testify. Attorney Gelzunas objected to this testimony. Solicitor King called on HPC Solicitor Robert Fineberg, who said the HPC is entitled and has a duty to provide input on applications that may affect historic preservation in Cape May. Mr. Coupland testified that that no demolition permit that satisfied the HPC’s nine points of demolition was issued. The Board Secretary provided the HPC minutes of the meetings related to this project including the minutes of the November 22, 2021 meeting. These minutes include the following statement: “Mr. Boecker asked about the demolition of the existing garage, addressed by Mr. Fineberg.” There was discussion on the issue with the Board Solicitor stating that should the application be approved by the Zoning Board; all conditions of approval will be required including HPC approval. Engineer Kornick responded to the public comments. He said they tried to preserve the view and could consider moving the structure forward toward Brooklyn Avenue. Engineer Hurless said the height of the existing garage is 26.5 feet, and Engineer Kornick said the proposed height of the garage is 35.5 feet, which conforms in the zone. Solicitor King said this nine foot increase in height of a nonconforming structure is in the rear yard setback but may be a better zoning alternative for the board to weigh. It was thought that moving the garage closer to Brooklyn Avenue would be conforming but block more ocean views for the neighbors. Engineer Kornick referred to Sheet A3.1 Exterior Elevations for a perspective of the structure as it relates to the view corridor. Karen Haines, 1520 New Jersey Avenue, Unit 102, remained under oath. She felt she would lose her view, due to the awnings, regardless of the two options. She is concerned about privacy and overhangs. City of Cape May Zoning Board of Adjustment Meeting Minutes, June 22, 2023 Page 5 Jim Knipper agreed to eliminate the third floor deck and the roof above it. Barbara Parker, 1520 New Jersey Avenue, Units 312 and 317, remained under oath. She said the project would cause a vertical intrusion and hardship on the Cape Roc property and asked the Board to take these into consideration. Discussion was closed to the public at 8:49 PM. Attorney Gelzunas made his closing remarks and stressed that the applicant has removed the third deck from the plans. Board members were allotted time for questions. Solicitor King explained the vote to the Board. Motion was made by Mr. Zektzer to grant the variance for rear yard setback of nine feet where 25 feet is required, as outlined on page three of six of the April 26, 2023 Board Engineer’s review memorandum, subject to the waivers 26, 27, 28, 31 and 33, outlined on page two and three, as well as conditions 1-16, as outlined on pages four and five in the April 26, 2023 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, as well as the description of the change of the architecture changes and all conditions discussed at the hearing, seconded by Mr. Venuto and carried 5-2. Those in favor: Ms. Hesel, Mr. Zektzer, Mr. Cataldo, Mr. Venuto, Mrs. Werner. Those opposed: Mrs. Notch, Ms. Sheehan. Those abstaining: None. Members gave reasons for their votes. Member Sheehan said there is a negative impact on the neighbors’ quality of life. Member Notch said she voted due to the neighbors’ impact. Member Cataldo felt the new part of the existing structure is in the shadow of the existing structure, but he was concerned about the HPC consciously addressing the demolition of the structure. Solicitor King said the motion includes the HPC approval as a part of the conditions of approval. Vice Chairperson Venuto expressed concern for the neighbors. Chairperson Werner had the same types of concern as the neighbors but appreciated the attempt to keep the structure in line to not exacerbate the view of the neighbors and the willingness to take off the deck. Elaine’s Property Management LLC 513 Lafayette Street, Block 1053, Lot(s) 13 Historic Preservation Commission Solicitor Bob Fineberg and Attorney Peter Chacanias were present for this application, which is an appeal of an Historic Preservation Commission decision. The attorneys reported they believe they are very close to a settlement. Solicitor King asked why an agreement could not be finalized at the meeting. Attorney Chacanias said the agreement is pending the determination of cost by the applicant. Mrs. Notch expressed concern that people are sitting on the wall and the outdoor seating number could be exceeding the number permitted. City of Cape May Zoning Board of Adjustment Meeting Minutes, June 22, 2023 Page 6 Motion made by Mrs. Notch to adjourn the application to the July 27, 2023 meeting to allow the parties to reach an agreement, seconded by Ms. Hesel and carried 7-0. Those in favor: Ms. Hesel, Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Cataldo, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Motion made by Ms. Sheehan to adjourn the meeting at 9:04 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, June 22, 2023 Page 7