06/25/2026 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, June 25, 2026 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Terri Werner at 6:00 PM in the City Hall Auditorium. In compliance with the Open Public Meetings Act, adequate notice was provided. Roll Call: Mrs. Werner, Chairperson Present Mr. Venuto, Vice Chairperson Present Mr. Ledwin Present Mrs. Notch Present Ms. Sheehan Present Mr. Walsh Present Mr. Zektzer Present Mr. Yeager (Alt. 1) Present Ms. Stevenson (Alt. 2) Present Also Present: Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer & Planner Karen Keenan, Board Assistant Resolution(s): Motion made by Mr. Venuto to adopt Resolution number 06-25-2026: 1, Bray Family Partnership, 720 Washington Street, Block 1078 Lot(s) 2, seconded by Mrs. Notch and carried 6-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mr. Ledwin. Minutes: Motion was made by Mr. Zektzer to adopt the meeting minutes of May 28, 2026, seconded by Mr. Walsh and carried 6-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Ms. Stevenson, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mr. Ledwin. Discussion: Payment of Bills Motion made by Mr. Venuto to approve the payment of bills, seconded by Ms. Stevenson and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Application(s): City of Cape May Zoning Board of Adjustment Meeting Minutes, June 25, 2026 Page 1 Michael Mortimer 444, 446 & 448 West Perry Street, Block 1031 Lot(s) 3, 4 & 5.01 Chairperson Werner recused herself from the hearing of this application and departed the meeting at 6:02 PM. Vice Chairperson Venuto assumed the duties of the chairperson. Attorney Anthony Monzo of Monzo Catanese DeLollis PC introduced the application seeking minor subdivision approval and hardship, substantial benefit and use variance relief to subdivide the property for an easement for shared parking to allow for parking improvements previously conditioned in Zoning Board Resolution 10-24-2013:1, additions and alterations at 448 West Perry Street including a habitable attic, renovated deck with pergola and new storage on the ground floor and to create a front door at 448 West Perry Street. Attorney Monzo introduced Exhibits A-1 to A-7: A-1 Part of the Subdivision Plan A-2 Part of the Subdivision Plan A-3 Photo Facing the Properties from West Perry Street A-4 Photo Facing the Properties from Congress Street A-5 Photo of 446 and 444 West Perry Street A-6 Photo of 444 West Perry Street A-7 Photo of Curb Cut and Parking Area Present at the meeting were Applicant Michael Mortimer and Professional Planner and Professional Engineer Paul Kates of Kates Schneider Engineering. Applicant Mortimer, Planner Kates, and Board Engineer Craig Hurless were sworn in by Solicitor King. Engineer Hurless cleared the record on the lot numbers by explaining that the Tax Assessor advised that lot number currently 5.01 to be proposed lot 5.02 (versus 5.011 referenced on the plans). The applicant will revise the plans. Planner Kates was accepted as an expert in planning and engineering by Vice Chairperson Venuto and described the existing conditions at the lots and said there is currently no parking at lots 3 and 4. Lots 3 and 4 will increase in size and lot 5.01 will decrease in size. Two family attached homes are not permitted in the district, so a use variance is required. Planner Kates said many of the nonconformities are preexisting and will be improved, but many nonconformities will remain. He said that plans give each of the occupants access to parking. He testified the application qualifies for a hardship variance due to the exceptional narrowness, shallowness or shape of a specific piece of the property for proposed lot 5.02. He testified that the creation of parking advances the purposes of zoning and the property can accommodate the use. He said the project provides adequate light, air and open space and promotes the conservation of historic sites in the districts. Planner Kates said there is no detriment to the public good, zone plan or zoning ordinance. Board members were allotted time for questions. Member Walsh asked about the shed for lot 5.02. Applicant Mortimer said the shed has been there since the 1970s, and it is also nonconforming. Member Sheehan asked about the clamshell City of Cape May Zoning Board of Adjustment Meeting Minutes, June 25, 2026 Page 2 parking and the door for 448 Perry Street. Engineer Hurless said the parking was required when the subdivision was previously approved but never put in. He said the requirement will be enforced this time. The applicant will address all issues regarding the door. Engineer Hurless then summarized his memorandum dated February 25, 2026 including his completeness review, the waivers he supported and the waivers to be conditions of approval. He detailed the requirements for subdivision approval, variances for proposed lot 3.01: lot size, lot width, lot frontage, and building setback, proposed lot 4.01: lot size, lot width, lot frontage, building setback, side yard setback (each & total), and shed – side yard setback and proposed lot 5.02: lot size, lot width, lot frontage, building setback, side yard setback (each & total), and use (expansion of non-conforming use). He corrected his zoning table for lot 3.01 to show the building setback line on West Perry Street as existing 7.9 feet to the deck and proposed 9.8 feet to the new deck. The General Review Comments 1-20 were reviewed in detail and classified as conditions of approval. Engineer Hurless advised the Fire and Public Works Departments recommended approval of the project in their reports dated March 3, 2026 and February 27, 2026, respectively. The Shade Tree Commission recommended approval and noted that the Colorado blue spruce in rear garden of 448 Perry Street should remain along with a holly tree in the front of the same address and tree protection zone will need to be in place in their report dated March 5, 2026. The applicant agreed to the conditions. Attorney Monzo asked that the applicant be allowed to provide a performance guarantee and a nine-month delay so the applicant may complete the front porch before the parking lot. Board members were allotted time for questions of Engineer Hurless. Member Sheehan asked about the parking spaces. Engineer Hurless explained that the easement is for all three lots, and there will be a border around the clamshells. Discussion was opened to the public within two hundred feet and beyond at 6:54 PM and was closed with no public coming forward to comment. Solicitor King explained the vote for the board. Motion was made by Ms. Sheehan to grant approval for: minor site plan, Proposed Lot 3.01 §525-15B(1) Table 1 Lot Size, §525-15B(1), Table 1 Lot Width & Lot Frontage, §525- 15B(1) Table 1 Building Setback variances, Proposed Lot 4.01 §525-15B(1) Table 1 Lot Size, §525-15B(1) Table 1 Lot Width & Lot Frontage, §525-15B(1) Table 1 Building Setback, §525-15B(1) Table 1 Side Yard Setback (Each & Total), §525-55A(4)(b) Shed - Side Yard Setback variances and Proposed Lot 5.02 §525-15B(1) Table 1 Lot Size, §525-15B(1) Table 1 Lot Width & Lot Frontage, §525-15B(1) Table 1 Building Setback, §525-15B(1) Table 1 Side Yard Setback (Each & Total), §525-55A(4)(b) Shed - Side Yard Setback, and §525-15A Use (Expansion of Non-conforming use) variances with waivers 19, 22, and 33, waiver 32 to be a condition of approval and subject to the conditions 1-20 on pages four and five in the February 25, 2026 memorandum by Craig R. Hurless, PE, PP, CME, and subject to all conditions discussed at the hearing, seconded by Mrs. Notch and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Yeager, Mr. Venuto. Those opposed: None. Those abstaining: None. City of Cape May Zoning Board of Adjustment Meeting Minutes, June 25, 2026 Page 3 Motion was made by Mr. Walsh to grant approval to: alter the prior condition to construct the parking lot and porch ahead of other site improvements, subject to their promise to be done within nine months and subject to a letter of credit to the satisfaction of the Board Engineer Craig Hurless, and subject to all conditions discussed at the hearing, seconded by Mr. Zektzer and carried 4-3. Those in favor: Mrs. Notch, Mr. Zektzer, Mr. Yeager, Mr. Venuto. Those opposed: Mr. Ledwin, Ms. Sheehan, Mr. Walsh. Those abstaining: None. Chairperson Werner returned to the meeting at 7:05 PM. Christine Carlson-Glazer 107 Ocean Street, Block 1057 Lot(s) 25 Attorney Andrew Catanese of Monzo Catanese DeLollis PC introduced the application to convert the use of existing multi-family dwelling to a five-bedroom single family dwelling. Present at the meeting were Owner Christine Carlson-Glazer and Planner and Architect John Halbruner of The Hyland Group. Owner Carlson-Glazer and Planner Halbruner were sworn in by Solicitor King. Engineer Hurless remained under oath. Planner Halbruner was accepted as an expert in planning and engineering by Chairperson Werner. He described the existing site conditions and explained that there are no physical improvements proposed. The change in use changes the bulk requirement, including lot coverage maximum to 45% and parking requirements change from seven spaces to three spaces. Two parking spaces exist and are proposed. Owner Carlson-Glazer explained that the building had been used as an ancillary to the Queen Victoria, and the first floor unit had a kitchenette with no cooking ability. The kitchen is on the second floor. She wants the use to match how she plans to use the property. Planner Halbruner reviewed the zoning requirements for the board. He testified the purposes of land use law are advanced by promoting public health, safety, morals, and general welfare, promoting establishment of appropriate population densities and conservation of historic sites and districts. He said there is no detriment or impact on neighboring properties and no substantial detriment to the public good. Board members were allotted time for questions of Planner Halbruner. There was a brief discussion on increased parking, and it was determined that the Historic Preservation Commission would not favor adding parking in front of the face of the building. Engineer Hurless then summarized his memorandum dated March 31, 2026 including his completeness review and the waivers he supported. He detailed the requirements for variances for use, lot size, building setback, rear yard setback, side yard setback, lot coverage, parking, and nonconforming structure on nonconforming lot. The General Review Comments 1-11 were reviewed in detail and classified as conditions of approval. Engineer Hurless advised the Fire and Public Works Departments recommended approval of the project in their reports dated June 5, City of Cape May Zoning Board of Adjustment Meeting Minutes, June 25, 2026 Page 4 2026 and June 12, 2026, respectively. The Shade Tree Commission recommended approval on the condition that the three large locust trees on right side property line and two street trees (sycamore) – all to remain and recommended a tree protection zone in their report dated June 4, 2026. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within two hundred feet and beyond at 7:35 PM and was closed with no public coming forward to comment. Solicitor King explained the vote for the board. Motion was made by Mr. Zektzer to grant approval for: §525-19B(1) Table 1 Lot Size, §525-19B(1) Table 1 Building Setback, §525-19B(1) Table 1 Rear Yard Setback, §525- 19B(1) Table 1 Side Yard Setback, §525-19B(2) Lot Coverage, §525-49C(1) Parking, and §525-73D Nonconforming structure on nonconforming lot variances with waivers 28 and 33 and subject to conditions 1-11 on pages four and five in the March 31, 2026 memorandum by Craig R. Hurless, PE, PP, CME, and subject to all conditions discussed at the hearing, seconded by Mr. Ledwin and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. 420 Perry Street LLC 420 & 422 West Perry Street, Block 1031 Lot(s) 15 Chairperson Werner recused herself from the hearing of this application and departed the meeting at 7:37 PM. Vice Chairperson Venuto assumed the duties of the chairperson. Attorney Andrew Catanese of Monzo Catanese DeLollis PC introduced the application on behalf of owners Gino and Terry Ciancaglini of 420 Perry Street LLC to construct a shed at the rear of the property, requiring a use variance for the expansion of the nonconforming use. Present at the meeting were Owner Terry Ciancaglini in the audience and Engineer and Planner Andy Schaeffer of Schaeffer Nassar Scheidegg Consulting Engineers LLC. Engineer Schaeffer was sworn in by Solicitor King. Engineer Hurless remained under oath. Engineer Schaeffer was accepted as an expert in engineering and planning by Vice Chairperson Venuto. He described the existing site conditions and explained that the property was purchased in 1995 and was a dilapidated side by side duplex that has been renovated to be an over under duplex. He explained that no visual changes to the front of the house are proposed, and he described the proposed plot plan. He said they will be increasing the number of parking spaces and eliminating backout parking consistent with Historic Preservation Commission (HPC) standards and with HPC approval. He testified that the project promotes general welfare and public safety, provides sufficient space in appropriate locations and promotes conservation of historic sites. He said there is no substantial detriment to the zone plan, public good, zoning ordinance nor the master plan. Engineer Schaeffer said there is no change in the intensity of use City of Cape May Zoning Board of Adjustment Meeting Minutes, June 25, 2026 Page 5 and the shed will be used for bicycles and outdoor equipment. He described the variances and the decrease in impervious coverage using grass pavers. Board members were allotted time for questions of Engineer Schaeffer. Member Walsh said he did not have any problem with the shed but expressed concern about light, air and open space of a yard that turns into a parking lot. Engineer Hurless said he recommended the parking lot due to the safety factors of West Perry Street. Engineer Hurless then summarized his memorandum dated February 27, 2026 including his completeness review and the waivers he supported. He detailed the requirements for variances for use, lot size, lot width, lot frontage, building setback, and side yard setback (total) sought. The height of the shed was determined to be fifteen feet with a peak roof; this information is to be added to the plan and detailed to be no greater than fifteen feet. The General Review Comments 1-12 were reviewed in detail and classified as conditions of approval. Engineer Hurless advised the Fire and Public Works Departments and Shade Tree Commission recommended approval of the project in their reports dated March 9, 2026, March 5, 2026 and March 5, 2026 respectively. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within two hundred feet and beyond at 7:59 PM and was closed with no public coming forward to comment. Motion was made by Mr. Ledwin to grant approval for: §525-15A & §525-72 Use (Expansion of Non-conforming use), §525-15B(1) Table 1 Lot Size, §525-15B(1) Table 1 Lot Width & Lot Frontage, §525-15B(1) Table 1 Building Setback, and §525-15B(1) Table 1 Side Yard Setback (Total) variances with waivers 19, 22, 23, 27, 28 and 33 and subject to conditions 1-12 on pages five and six in the February 27, 2026 memorandum by Craig R. Hurless, PE, PP, CME, and subject to all conditions discussed at the hearing, seconded by Mr. Yeager and carried 6-1. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Yeager, Mr. Venuto. Those opposed: Mr. Walsh. Those abstaining: None. Mr. Walsh did not favor the loss of open space for parking. Motion made by Ms. Sheehan to adjourn the meeting at 8:03 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, June 25, 2026 Page 6