06/23/2022 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, June 23, 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 Present Mr. Walsh Present Mrs. McDade (Alt. 1) Present Sam Venuto (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. Murray to adopt the meeting minutes of May 26, 2022, seconded by Mr. Ledwin and carried 6-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Ledwin, Mr. Walsh, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mrs. Notch. Resolutions: Motion made by Mrs. Werner to adopt Resolution number 06-23-2022: 1, John and Rebecca Adams, 339 Congress Street, seconded by Mr. Murray and carried 4-0. Those in favor: Ms. Hesel, Mr. Walsh, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mrs. Werner, Mr. Ledwin, Mrs. Notch. Motion made by Mr. Murray to adopt Resolution number 06-23-2022: 2, Zoning Board Annual Decisions 2019, 2020 and 2021, seconded by Ms. Hesel and carried 6-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Ledwin, Mr. Walsh, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mrs. Notch. City of Cape May Zoning Board of Adjustment Meeting Minutes, June 23, 2022 Page 1 Application(s): Paul & Nancy Valentine 1312 Maryland Avenue, Block 1148, Lot(s) 12 & 13 Attorney Andrew Catanese introduced the application. Owner Paul Valentine, Project Engineer Andrew Schaeffer and Board Engineer Craig Hurless were sworn in by Solicitor King for the record. Attorney Catanese described the variances required as distance from the principal structure for the pool, lot coverage which will be reduced from existing, patio width and potentially a variance for setback to the pool mechanical equipment. He added that Public Works, Shade Tree Commission and Fire Department approved the project with no comments. Chairperson Hutchinson accepted Project Engineer Schaeffer as an expert. Engineer Schaeffer shared Exhibit A-1, a variance plot plan with additional photos of the property. He stated the home was built in 1980 and added on in 2007. He shared the applicants want to place the pool equipment in the current shower location and relocate the shower. He said the stormwater management system will be a substantial improvement to the site, and the only change to the house will be the removal of deck stairs and addition of rails for improved safety. Engineer Schaeffer said the pool could have been built prior to the passing of the pool ordinance in 2009. He added that the project does decrease lot coverage. Member Notch asked about the stepping stones, and Engineer Hurless replied that the setback does not apply to the rear stepping stones. Chairperson Hutchinson was concerned the pool is proposed at 4.7 feet less than half the requirement of ten feet to the principal structure. There was discussion on the pool ordinance and Fire Department ability to place ladders if needed. Attorney Catanese said the project complies with New Jersey Uniform Fire Code and the Fire Chief approved the application. Engineer Schaeffer said there is sufficient access for the Fire Department. Engineer Schaeffer said the lot coverage is reduced and impact on neighbors is mitigated by the stormwater system. He went on to say the patio width variance is needed to create pool access due to the outdoor kitchen; not a place to congregate. Attorney Catanese believed the ordinance does not include pool equipment. Engineer Hurless read the definition of swimming pools from the ordinance and said all components (pump, lighting boxes, filter system and heater) of the pool are the pool. He said pool pump noise is a nuisance to neighbors and perhaps a better location for the pool equipment could be found. Engineer Schaeffer felt the pool equipment is much like the HVAC equipment. Engineer Schaeffer suggested a sound attenuation fence box could be placed around the pool equipment, and the applicant agreed to the box as a condition of approval. Engineer Schaeffer said the project promotes public health, safety and welfare by reducing stormwater and impervious space and also secures safety from flooding, provides sufficient space for recreational use and promotes a desirable visual environment including replacing concrete with pavers. City of Cape May Zoning Board of Adjustment Meeting Minutes, June 23, 2022 Page 2 Member McDade asked for the details of the kitchen, and Applicant Valentine replied that it includes a gas line, electric, and refrigerator with no need for plumbing or kitchen lighting. Applicant Valentine stated he plans to discontinue renting the property after this summer once the pool is installed and that he does have a mercantile license. Regarding negative criteria, Engineer Schaeffer said there is no substantial impairment to the zone plan or the master plan. He added the project will positively impact the preexisting nonconforming impervious coverage by reducing the coverage and incorporating a stormwater management system. He said the relief sought is de minimus with the benefits outweighing the detriment. Board members were allotted time for questions of the applicant and engineer. Member Ledwin asked why not having the pool impairs the use of the home. Applicant Valentine replied that he did plan on putting in a pool when he purchased the home in December 2020. Attorney Catanese read from the Professor Cox’s Section 29-2.9 that explains hardship in the zoning ordinance that limits to the extent to which an owner can use it. Member Ledwin also asked about the setback for the outdoor shower, and Engineer Hurless said the setback requirements are lower for outdoor showers at four feet. Member McDade asked about the substantial benefit variance benefitting only the applicant. Engineer Schaeffer replied that there is no negative impact to the neighborhood. Attorney Catanese said the stormwater management system will benefit the neighbors. Discussion was opened to the public within 200 feet at 7:02 PM. Michael O’Neill, 1310 Maryland Avenue, was sworn in by Solicitor King. He lives next door with his wife, Laura, and is beginning his twenty sixth summer in Cape May. He said there have been many changes in the past few years that have changed the quiet enjoyment of their property. He explained that five years ago, the property on the other side of them was demolished, and a pool was installed. The pool has created pump noise 24/7 from early May to late October whether anyone was present to enjoy the pool. He asked the Board to consider the neighbors’ quiet enjoyment of their properties. He will not be able to leave his front door open nor sit on his front porch without hearing pool equipment noise and feels the variance request is weighing the applicants’ enjoyment at his family’s expense. He strongly disagreed with the statement of no negative impact to the neighbors. He said a shower is only used when people are present and is not a swap for pool equipment. Brooke McMullin, 1321 New York Avenue, was sworn in by Solicitor King. His property abuts the corner of 1312 Maryland Avenue and was peaceful for many years. He has been a resident since 1981 and said newer nearby pools on New Jersey Avenue and Maryland Avenue have been nuisances due to noise causing the neighbors calling the police. He said the property at 1312 Maryland has been used only for large group vacation rentals including weddings, and there are City of Cape May Zoning Board of Adjustment Meeting Minutes, June 23, 2022 Page 3 consistent problems with noise. He shared that he is a firefighter and is concerned about an emergency situation at the property. He said the pool and outside kitchen will only make the situation worse, and the owners should have known the property’s limitations. He felt the project could cause flooding on his property. He asked the Board to consider the impact on the neighbors. Charles Priar, 1327 New York Avenue, was sworn in by Solicitor King and is a year-round resident. He said parties at the property have kept his wife and him up till all hours and expressed his concern. He spoke in opposition of the project. Hunter Cochrane, 1311 New York Avenue, was sworn in by Solicitor King. He asked for the square footage of the pool and pavers. Engineer Schaeffer replied that the square footage of the pool is 288, and the square footage of the pervious pavers is 652. Mr. Cochrane said he moved away from the property on Maryland Avenue, where the applicant rented with the pool, in order to avoid the associated pool noise. He shared his knowledge of adding pools to lot coverage calculations. Engineer Hurless said lot coverage is a control on the intensity of use on a lot with mass being controlled by floor area ratio. Mr. Cochrane shared this is his sixty seventh summer in Cape May. He feels there is no hardship; the lot was overdeveloped previously. He opposed the project. Discussion was opened to the public beyond 200 feet at 7:25 PM. Discussion was closed to the public at 7:25 PM. Board Engineer Hurless then summarized his report dated April 27, 2022. He described his completeness review and waivers requested. He described the zoning requirements and summarized the variances requested and the stormwater system that is not required and discharges to Maryland Avenue, an improvement over existing conditions. He then shared his general review comments 1-9 in detail including an additional pool equipment variance, which he did not support and said was summarized in Mr. O’Neill’s comments, with all items being conditions of approval. Engineer Hurless shared the Fire Department, Public Works Department and Shade Tree Commission approved the project with reports dated April 2, 2022, June 16, 2022 and April 1, 2022, respectively. 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 reopened to the public at 7:32 PM. Hunter Cochrane, 1311 New York Avenue, asked about floor area ratio not being provided, with concern about attic and storage areas of the home. Attorney Catanese said the floor area ratio exceeds the scope of Engineer Hurless’ testimony. Solicitor King said the floor area ratio has nothing to do with this application. Engineer Hurless said there are no changes to the structure. City of Cape May Zoning Board of Adjustment Meeting Minutes, June 23, 2022 Page 4 Discussion was closed to the public at 7:35 PM. A short break was taken at 7:36 PM at the request of Attorney Catanese. The meeting resumed at 7:38 PM. Attorney Catanese requested adjournment of the application to address the concerns of the public to return to the Board next month. Solicitor King explained the vote to the Board and the expectation for more information regarding lot coverage and the Fire Department’s report on the application should the motion carry. Mrs. Notch felt the Board should vote on the application tonight. Ms. Hesel and Mr. Murray supported the attorney’s request for the adjournment. Mrs. Hutchinson said the neighbors’ concerns about the noise should be considered. Mrs. McDade asked for specifications on the actual pool equipment and any proposed cover for the pool equipment if the adjournment is approved. Discussion was reopened to the public at 7:46 PM. Laura O’Neill, 1310 Maryland Avenue, was sworn on by Solicitor King and asked if the public’s input would be possible if the application is adjourned. Solicitor King replied yes and added that any changes must be available for public inspection ten days before the meeting. Discussion was closed to the public at 7:46 PM. Motion was made by Mr. Murray to adjourn the application to the July 28, 2022 meeting at 6:00 PM, seconded by Mrs. Hutchinson and did not carry 3-4. Those in favor: Ms. Hesel, Mr. Murray, Mrs. Hutchinson. Those opposed: Mrs. Werner, Mr. Ledwin, Mrs. Notch, Mr. Walsh. Those abstaining: None. Attorney Catanese stated that rentals and pools are permitted in Cape May, and the variances requested are minimal. He added that the Fire Official approved the application, and there is no impact on the neighbors. He did not agree with the need for a variance for the pool equipment and felt the comments from the public were not based on the variances. Solicitor King explained the vote to the Board including the pre-existing nonconformance unless it was built before the ordinance with the applicant having a burden of proof. The record was not established on how the nonconformance came to be. He said the applicant proposes to improve the drainage and the lot coverage. He said renting versus non renting is not relevant to zoning consideration. The applicant knew he wanted to construct a pool when he purchased the property. Solicitor King said the positive criteria was provided and is to be weighed against the negative criteria including the neighbors. City of Cape May Zoning Board of Adjustment Meeting Minutes, June 23, 2022 Page 5 Solicitor King asked Attorney Catanese about isolating the variance or consideration of the application as a whole. Attorney Catanese said every element does not fall under the C-1 standard. Solicitor King said the Board is to consider the C-1 standard for the pool and the C-2 standard for the pool and other items in the overall analysis in the vote. He also stated there to be a separate vote on a variance for distance of pool equipment from the side yard where the Board Engineer considers the equipment as part of the pool. Motion was made by Mr. Murray to require a variance for pool equipment in the present location, seconded by Mr. Walsh and carried 7-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Solicitor King explained the vote to the Board. Motion was made by Mr. Murray to grant the four variances for lot coverage, swimming pool distance from structure, patio width and pool equipment in the present location requested by the applicants, subject to the conditions of approval discussed at the hearing and conditions 1-9 outlined in the review memorandum from Board Engineer Craig R. Hurless, PE, PP, CME, dated April 27, 2022, seconded by Mrs. Notch and did not carry 1-6. Those in favor: Ms. Hesel. Those opposed: Mrs. Werner, Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Murray, Mrs. Hutchinson. Those abstaining: None. Motion made by Mr. Ledwin to adjourn the meeting at 8:04 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, June 23, 2022 Page 6