06/27/2024 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, June 27, 2024 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Vice Chairperson Sam Venuto 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 Absent Mr. Venuto, Vice Chairperson Present Mr. Ledwin Absent Mrs. Notch Present Ms. Sheehan Present Mr. Walsh Absent Mr. Zektzer Present Mr. Cataldo (Alt. 1) Present Mr. Bodnar (Alt. 2) Present Also Present: Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer Karen Keenan, Board Assistant Minutes: Motion made by Ms. Sheehan to adopt the meeting minutes of May 23, 2024, seconded by Mrs. Notch and carried 4-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Cataldo, Mr. Bodnar. Resolution(s): Motion made by Ms. Sheehan to adopt Resolution number 06-27-2024: 1, Steven and Catherine Clemens, 504 Jefferson Street, seconded by Mr. Zektzer and carried 4-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Cataldo, Mr. Bodnar. Motion made by Ms. Sheehan to adopt Resolution number 06-27-2024: 2, WCA Preservation Holdings LLC, 1408 & 1410 Texas Avenue, seconded by Mrs. Notch and carried 4-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Cataldo, Mr. Bodnar. Application(s): Marc Jacoby and Roxane Went Went Irrevocable Income Only Trust 434 West Perry Street, Block 1031, Lot(s) 10 City of Cape May Zoning Board of Adjustment Meeting Minutes, June 27, 2024 Page 1 Attorney Ron Gelzunas introduced the application to build a new addition to include a screened porch with a deck above in the rear of the front multi-family structure requiring variances for lot width, lot frontage, parking and expansion of a non-conforming use. There are no changes proposed at the rear structure on the property. Owner Roxanne Went, Architect Debra Slaunwhite of Asher Slaunwhite Partners LLC and Board Engineer Craig Hurless were sworn in by Solicitor King. Architect Slaunwhite presented her credentials and was accepted as an expert in architecture by Vice Chairperson Venuto. Architect Slaunwhite referred to Sheet V-1.0, Site Plan, Existing Survey and Zoning Information of the packet and described the site with three units in the front building. She presented Exhibit 1, Elevation Diagram, a color coded chart of the three front units with unit 1 a two-story unit on the left and units two on the ground floor on the right and three on the second floor on the right. She described Sheet V-1.1, Existing Photos, Proposed Floor Plans & Elevations. She said the plan is to replace the first floor deck, add screening, a second floor deck above it and a roof over the second floor deck. Architect Slaunwhite said there is no increase in building coverage, and pavers will be removed to reduce the lot coverage. She said they are under the floor area ratio at .39 where .40 is permitted and the lot can accommodate the project. She testified there is no detriment to the zone plan, zoning ordinance nor the surrounding area. She said the deck is not visible from adjoining properties and consistent with the neighborhood. She said the project will be an aesthetic improvement, as they will use historic materials and replace the current deck which is in disrepair. Architect Slaunwhite shared the project adds additional access for first responders. Owner Went described the ownership of the home and said all of the unit owners are full-time residents who unanimously consented to the project. Board members were allotted time for questions of Architect Slaunwhite and Owner Went. Member Sheehan asked about water from the roof on the back deck. Architect Slaunwhite said they are removing pavers, adding gutters and downspouts, and will provide a drainage plan. Engineer Hurless then summarized his memorandum dated April 3, 2024. He described his completeness review and the waivers he supported including a site plan waiver. He said the prior resolution and sealed survey required were provided. He summarized the details of the variances requested. The General Review Comments 1-12 were reviewed and explained in detail with all items being classified as conditions of approval including changing their zoning table to reflect that the use is non-conforming. Engineer Hurless advised the Fire and Public Works Departments and Shade Tree Commission recommended approval of the project with no conditions in their reports dated May 7, 2024, May 14, 2024 and May 18, 2024, respectively. The applicant agreed to comply with the conditions and to provide a drainage plan. Board members were allotted time for questions of Engineer Hurless. City of Cape May Zoning Board of Adjustment Meeting Minutes, June 27, 2024 Page 2 Member Sheehan asked about the prior board application. Engineer Hurless believed the application was denied and possibly overturned on appeal. Owner Went said the rear building, not the front building, was the subject of the prior application and the rear building was reconstructed to reflect the denial of the board. Member Sheehan commented on the water issue in the neighborhood, and Architect Slaunwhite said they will provide a drainage plan. Engineer Hurless said they are reducing lot coverage. Discussion was opened to the public within two hundred feet and beyond at 6:31 PM and closed with no public coming forward to comment. Solicitor King explained the vote to the board. Motion was made by Mr. Zektzer to grant the variances for use (expansion of non- conforming use & two uses), lot width & lot frontage, parking variance and waiver of site plan, subject to the waivers 1, 27, and 33 as outlined on pages two and three, conditions 1- 12, as outlined on pages five and six in the April 3, 2024 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, and subject to all conditions discussed at the hearing including the applicant to provide a drainage plan and a signed and sealed survey, seconded by Mrs. Notch and carried 6-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Cataldo, Mr. Bodnar, Mr. Venuto. Those opposed: None. Those abstaining: None. 1134 Lafayette LLC 1134 Lafayette Street, Block 1113, Lot(s) 8 Attorney Dawn DiDonato Burke introduced the application for a variance for building setback for this deed-restricted affordable housing property. Owner Thomas DiDonato was sworn in by Solicitor King. Engineer Hurless remained under oath. Attorney Burke explained that the Historic Preservation Commission (HPC) requested a more aesthetically pleasing porch that is more in character with the neighborhood. Attorney Burke presented and described Exhibit A-1, which is the approval by the HPC with the condition requiring the porch. She referred to the application packet photos which show the porch that has been installed. Owner DiDonato testified that there is no negative impact on the neighborhood nor the zone plan and advances the purposes of zoning by conserving a historic site. Board members were allotted time for questions. Member Notch said she had received notice when the property was subject of a Planning Board application, but she was not on the property owners list for this application. She did not receive notice regarding this application. It was determined that Member Notch will not vote on this application. Attorney Burke confirmed that she gave notice to the property owners on the list provided by the tax assessor. Engineer Hurless then summarized his memorandum dated May 20, 2024 including his completeness review and the zoning requirements for the proposed lots. He summarized the details of the variance requested. The General Review Comments 1-14 were reviewed and City of Cape May Zoning Board of Adjustment Meeting Minutes, June 27, 2024 Page 3 explained in detail with all items being classified as conditions of approval. Condition 6 was modified to indicate that Engineer Hurless and Owner DiDonato will coordinate and ask the county to repair the sidewalk. The applicant agreed to the conditions. The Fire Department, Public Works Department and Shade Tree Commission recommended approval of the project in their reports dated May 24, 2024, May 23, 2024, and June 6, 2024, respectively. Board members were allotted time for questions. Discussion was opened to the public within two hundred feet and beyond at 6:53 PM and closed with no public coming forward to comment. Solicitor King explained the vote to the board. Motion was made by Mr. Bodnar to grant the variance for building setback subject to the conditions 1 through 11 but striking number six relating to the sidewalk as outlined on page three and four in the May 20, 2024 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, and subject to all conditions discussed at the hearing, seconded by Mr. Zektzer and carried 5-0. Those in favor: Ms. Sheehan, Mr. Zektzer, Mr. Cataldo, Mr. Bodnar, Mr. Venuto. Those opposed: None. Those abstaining: None. Rauna Fuller and Bernadette McGlade 1326 New York Avenue, Block 1147, Lot(s) 20 & 21 Attorney Rob Belasco explained that the property was the subject of an application that was heard in October 2023 and the number of bedrooms had been reduced from three to two. He explained that attic space was found to be larger than anticipated after construction commenced at the property. He said an application to add a dormer was denied by the zoning officer. The applicant no longer seeks a dormer but requests approval for an additional room on the second floor to be used as a study plus a bathroom. He added the parking complies with the requirement. Owner Bernadette McGlade and Engineer and Planner Rami Nassar of Schaeffer Nassar Scheidegg Consulting Engineers LLC were present and sworn in by Solicitor King for the record. Engineer Hurless remained under oath. Owner McGlade testified that the revised plan includes a small working office with a sleeper sofa and internal stairs for access. Board members were allotted time for questions of Owner McGlade. Member Sheehan asked if the roof line was changed and the interior stairs have been built, and Owner McGlade replied no. Attorney Belasco said they did try to add a dormer but that plan has been withdrawn. Member Cataldo asked about the installation of attic sheet rock and smoke detectors. Attorney Belasco responded that nothing has been built in the attic. City of Cape May Zoning Board of Adjustment Meeting Minutes, June 27, 2024 Page 4 Member Bodnar asked if updated plumbing and electrical plans have been submitted. Attorney Belasco said no pending board approval. Engineer Nassar said there is no modification to the exterior of the structure. He testified there is no substantial detriment or impairment to the zone plan or public good. Engineer Nassar did not believe that a variance is required for this application. Board members were allotted time for questions of Engineer Nassar. Member Sheehan asked for the proposed habitable floor area. It was determined that the proposed floor area is 1,768.2 square feet. There was a discussion on §525-73E – Expansion of nonconforming structures on nonconforming lot which reads: “originally the result of variance relief from either the Cape May City Planning Board or Zoning Board, then any further expansion of the structure (whether or not expanding the nonconforming portion) shall not be permitted without approvals from either the Planning Board or Zoning Board, whichever is applicable.” Solicitor King said a variance is required for this application, because they are violating a prior variance approval. He said that he recommends including addition of habitable space to the ordinance, and applicants have to do what they present to the board. Engineer Hurless then summarized his memorandum dated May 21, 2024 including his completeness review with the waivers he supported, the detail required as a condition of approval and his comments on the variance required for this project. He said the floor area ratio is being increased but is still under the maximum. He said the additional bedroom does not increase the parking requirement. The General Review Comments 1-8 were reviewed and explained in detail with all items being classified as conditions of approval. 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 closed with no public coming forward to comment. Solicitor King explained the vote to the Board. Motion was made by Mr. Zektzer to grant variance for 525-73(E) further expansion of a structure approved by variance relief, subject to condition 18 and the waivers listed on page two and conditions 1-8, as outlined on page four and five in the memorandum, by Board Engineer Craig R. Hurless, PE, PP, CME, dated May 21, 2024 and all conditions discussed at the hearing, seconded by Mr. Bodnar and carried 6-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Cataldo, Mr. Bodnar, Mr. Venuto. Those opposed: None. Those abstaining: None. City of Cape May Zoning Board of Adjustment Meeting Minutes, June 27, 2024 Page 5 Discussion: Payment of Bills Motion made by Mrs. Notch to approve the payment of bills, seconded by Ms. Sheehan and carried 6-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Cataldo, Mr. Bodnar, Mr. Venuto. Those opposed: None. Those abstaining: None. Motion made by Mr. Venuto to adjourn the meeting at 7:39 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, June 27, 2024 Page 6