06-24-2021 - Zoning Board Meeting - Auditorium

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, June 24, 2021 Opening: The in-person meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Diane Hutchinson at 6:04 PM. 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 Present Mrs. Lukens Present 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 Resolution(s): Motion was made by Mr. Murray to adopt Resolution number 06-24-2021: 1, Cape CJ LLC, 1301 Beach Avenue, seconded by Mrs. Nelson and carried 5-0. Those in favor: Ms. Hesel, Mr. Ledwin, Mrs. Nelson, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mr. Van de Vaarst, Mrs. Lukens. Motion was made by Mrs. Nelson to adopt Resolution number 06-24-2021: 2, Hudson, 1527- 1529 Yacht Avenue, seconded by Ms. Hesel and carried 5-0. Those in favor: Ms. Hesel, Mr. Ledwin, Mrs. Nelson, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mr. Van de Vaarst, Mrs. Lukens. Application(s): Mary Walchak 834 Lafayette Street Block 1092, Lot(s) 10 Attorney Anthony Monzo appeared with Architect Pamela Fine and Owners Mary and Paul Walchak. Attorney Monzo described the application and showed Exhibits A-1 through A-6 of other area homes and surrounding properties and the Historic Preservation Commission (HPC) resolution and application showing HPC approval of the project. Owners Mary and Paul Walchak, Architect Fine, and Board Engineer Craig Hurless were sworn in by Board Solicitor Richard King for the record. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- June 24, 2021 -- Page 1 Owner Mary Walchak explained that they want to raise the height of the ceiling to accommodate her tall husband while maintaining the historic features of the home and variances are required. Board members were allotted time for questions of Owner Walchak. Architect Fine provided her background for the Board and was accepted as an expert. Architect Fine explained the variances required for the undersized lot for four dormers proposed in the attic. She said the front wide dormers will provide light, air and cross ventilation. Architect Fine described the variances required for lot area, lot width, lot frontage and yard setbacks. She said the application qualifies for C-1 and C-2 variances because of the hardship due to the shape of the applicant’s lot, the setbacks are pre-existing non conformities, and will promote the purposes of zoning to promote health, safety, welfare and appropriate population densities, provide sufficient space for residential use, promote a desirable visual environment, and promote conservation of historic sites and districts. Architect Fine discussed the request for the D variance to increase the floor area ratio. She said the project would not actually increase the floor plan just the height, and the variance could be granted without substantial detriment to the public good, impairment of the zone plan nor zone ordinance. The Board was allotted time for questions of Architect Fine. Board Engineer Hurless then summarized his report dated March 24, 2021. He described his completeness review, comments for variances and general review comments 1-13 in detail with all items being conditions of approval. He indicated that the certified list of property owners within 200 feet had been provided. Engineer Hurless noted that the Shade Tree Commission approved the application with no comments in their report dated April 8, 2021. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within 200 feet and beyond at 6:46 PM and closed with no public coming forward to comment. Board Solicitor King explained the vote to the Board. Motion made by Mr. Murray to grant the variances outlined in the Board Engineer’s memorandum dated March 24, 2021, listed on page four including lot size, lot width and frontage, building setbacks and floor area ratio subject to all conditions of approval discussed at the hearing and outlined in the review memorandum, from Board Engineer Craig R. Hurless, PE, PP, CME, dated March 24, 2021, on pages five and six and also pages two and three plus the waivers, seconded by Mrs. Lukens and carried 7-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mr. Ledwin, Mrs. Nelson, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Board members gave the reasons for their votes. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- June 24, 2021 -- Page 2 Jack Lord 9 Harbor Cove Block 1172, Lot(s) 3.04 Attorney Andrew Catanese introduced this application and Owner Jack Lord, Architect Dave Schultz, Engineer and Planner Dave Scheidegg. Attorney Catanese described the project as new construction in a 1993 planned unit development that was subsequently rezoned to R-1 in 2001. Attorney Catanese explained that the applicant is seeking approval according to the 1993 plan and shared that the homeowners’ association for Harbor Cove approved the project as submitted. Owner Jack Lord, Architect Schultz, and Engineer Scheidegg were sworn in by Board Solicitor Richard King for the record. Architect Schultz was accepted as an expert by the Board. He described the house and the four variances needed: lot width, side yard setback, lot coverage and front yard setback. Architect Schultz said the lot conformed to the 1993 standards, and the proposed project conforms to those standards. He shared that the lot width is short by less than two inches. He said the side yard setback is less than the requirement but is uniform to the other homes in Harbor Cove and adjacent to a public access area making the adjacent property about twenty-three feet away. Architect Schultz said the front yard setback is five feet less than the requirement, and the impervious lot coverage is about five percent over the requirement. The Board was allotted time for questions of Architect Schultz. Engineer Scheidegg was accepted as an expert by Chairperson Hutchinson. He said the applicant requests C-1 and C-2 variances under the hardship and flexible standards, because it promotes the general welfare, provides adequate light, air and open space, establishes appropriate population density, is an appropriate location for the home and construction and will promote a desirable visual environment through development techniques and good civic design and arrangement. Engineer Scheidegg said the variances could be granted with no negative impact on the public good or the zoning ordinance. He said the home conforms to the surrounding homes. The Board was allotted time for questions of Engineer Scheidegg. There was a brief discussion on the zoning requirements figures on the applicant’s variance plan not agreeing with Craig Hurless’ figures with the determination that the applicant will correct any discrepancies on their plans to match the correct figures as listed on Craig Hurless’ memorandum dated June 18, 2021. Board Engineer Hurless then summarized his report dated June 18, 2021. He described his completeness review, comments for variances and general review comments 1-9 in detail with all items being conditions of approval. He shared the table on page four of five that show the current plan confirms to the 1993 requirements of the development when it was originally proposed and approved before the subsequent zoning change. Board members were allotted time for questions of Engineer Hurless. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- June 24, 2021 -- Page 3 Discussion was opened to the public within 200 feet at 7:17 PM. David King, 2 Harbor Cove, was sworn in by Solicitor King and spoke in support of the application. Discussion was opened to the public beyond 200 feet at 7:21 PM. Dee Lanzalotti, 4 Harbor Cove, was sworn in by Solicitor King and spoke in support of the application. Joe Merjerski, 7 Harbor Cove, was sworn in by Solicitor King and spoke in support of the application. He felt the home will be aligned with the present homes and was in favor of the completion of the development. Discussion was closed to the public at 7:23 PM. Board Solicitor King explained the vote to the Board. Motion made by Mr. Van de Vaarst to grant the variances requested as outlined on page three of five and subject to conditions 1-9 listed on pages four and five in the Board Engineer’s memorandum dated June 18, 2021, seconded by Mr. Murray and carried 7-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mr. Ledwin, Mrs. Nelson, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Board members gave the reasons for their votes. A short break was taken at 7:25 PM. The meeting resumed at 7:34 PM. Elaine’s Property Management, LLC 513 Lafayette Street Block 1053, Lot(s) 13 Attorney Ron Gelzunas introduced the application and Owner Shirley Phinney and Engineer and Planner Andrew Schaeffer who were present for this application. Attorney Gelzunas described the property and the proposal to expand the guesthouse, add an employee bunkroom and pool, and make an existing cabana/bar structure a permanent fixture at the property. Owner Phinney and Engineer Schaeffer were sworn in by Board Solicitor Richard King for the record. Engineer Schaeffer presented his credentials and was accepted as an expert by the Board. He described the existing conditions at the site and referred to the Site Plan. He described the ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- June 24, 2021 -- Page 4 proposed pool, the change in the driveway direction and the bunkroom to house foreign workers who currently bunk at the owner’s house. Engineer Schaeffer showed the front elevation and a photo, both in the application packet, and indicated that they are eliminating the bus parking with the theatre venue to be smaller. He said they are filling in the space on the second floor to create a better façade which was approved by the HPC. He added that they are moving inside seats to the outside with the total of 175 seats to not be exceeded at any time. He said there is no increase in the footprint, and the pool is far from the property line. He added that a 2014 variance for parking is not exacerbated by the application. He said the elimination of the bus parking is a positive, and there is no negative impact on the zone plan. Owner Phinney described the history of the business and the property. She said that there is a need for housing for employees and the need for income to maintain and preserve the 1860 hotel. She said they are trying to brand their hotel as a boutique hotel. There was a discussion on the 175 seats total not to be exceeded and on the proposed cabana being listed on the plans as existing. It was determined that the Board will consider it as new, as proposed. The Board was allotted time for questions of Owner Phinney and asked about the operating hours. Owner Phinney replied that they stop serving outside at 10:00 PM, and the bar inside in the middle section is open until 11:00 PM. Board Engineer Hurless then summarized his report dated April 29, 2021. He said the bunkroom is not a permitted use but is encouraged in the Master Plan. He described his completeness review, details required for preliminary site plan approval, comments for variances and general review comments 1-18 in detail with all items being conditions of approval with the agreement of the Applicant. He indicated that the applicant provided testimony to support the changes in traffic circulation. There was a discussion on the number of employees at the largest shift to be eleven versus the six listed in the table on page four of seven, which changes the number of parking spaces required to eighty-one spaces. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within 200 feet at 8:54 PM. Michael Calafati, 513 Broad Street, was sworn in by Solicitor King and expressed his concern about loud outdoor music. After discussion with Owner Phinney, she gave Mr. Calafati her cell phone number. He will call her if he observes music being played too late or too amplified. She promised to be a good neighbor and fix the issues. Discussion was opened to the public beyond 200 feet at 9:00 PM. Discussion was closed to the public at 9:00 PM. Board Solicitor King explained the vote to the Board. Motion made by Mr. Murray to approve the amended preliminary and final site plan approval with the associated use variances and the variances requested as outlined on page ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- June 24, 2021 -- Page 5 five and subject to conditions 1-18 listed on pages six and seven in the Board Engineer’s memorandum dated June 18, 2021 plus the conditions that the total number of dining seats are at no time to exceed 175 seats whether situated indoors or outdoors, three employee parking spaces stacked near the loading zone, and increase of bike racks, seconded by Mr. Murray and carried 7-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mr. Ledwin, Mrs. Nelson, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Board members gave the reasons for their votes. Motion made by Mrs. Lukens to adjourn the meeting at 9:22 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- June 24, 2021 -- Page 6