07/25/2024 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, July 25, 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 Present Mrs. Notch Absent Ms. Sheehan Present Mr. Walsh Present Mr. Zektzer Present Vacant (Alt. 1) --------- 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 June 27, 2024, seconded by Mr. Zektzer and carried 4-0. Those in favor: Ms. Sheehan, Mr. Zektzer, Mr. Bodnar, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Ledwin, Mr. Walsh. Resolution(s): Motion made by Mr. Zektzer to adopt Resolution number 07-25-2024: 1, Marc Jacoby and Roxanne Went, Went Irrevocable Income Only Trust, 434 West Perry Street, seconded by Ms. Sheehan and carried 4-0. Those in favor: Ms. Sheehan, Mr. Zektzer, Mr. Bodnar, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Ledwin, Mr. Walsh. Motion made by Ms. Sheehan to adopt Resolution number 07-25-2024: 2, 1134 Lafayette LLC, 1134 Lafayette Street, seconded by Mr. Zektzer and carried 4-0. Those in favor: Ms. Sheehan, Mr. Zektzer, Mr. Bodnar, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Ledwin, Mr. Walsh. Motion made by Mr. Zektzer to adopt Resolution number 07-25-2024: 3, Rauna Fuller and Bernadette McGlade, 1326 New York Avenue, seconded by Ms. Sheehan and carried 4-0. Those in favor: Ms. Sheehan, Mr. Zektzer, Mr. Bodnar, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Ledwin, Mr. Walsh. City of Cape May Zoning Board of Adjustment Meeting Minutes, July 25, 2024 Page 1 Application(s): Yacht Harbor Marine LLC 1505 Yacht Avenue, Block 1160, Lot(s) 6, 6.01 & 7 Solicitor King announced this application was withdrawn by the applicant. James and Carol Raimo 266 Grant Street, Block 1019, Lot(s) 7 Solicitor King announced this application adjourned to be heard at the August 22, 2024 meeting with no further public notice required. Frank and Joyce Doherty 1832 Maryland Avenue, Block 1223, Lot(s) 8 Attorney Ron Gelzunas introduced the application for a use variance to add an exterior elevator tower in the rear of the structure and convert part of the existing enclosed porch area into a hallway from the elevator to a new handicap accessible bathroom. Owners Frank and Joyce Doherty, Architect Christina Amey of Christina Amey Architect LLC and Board Engineer Craig Hurless were sworn in by Solicitor King. Architect Amey presented her credentials and was accepted as an expert in architecture by Vice Chairperson Venuto. Architect Amey presented and described Exhibit A, Plans & Elevations Sheet Z-ZA, showing the existing first floor plan and the proposed first floor plan. She said there is no increase in occupancy or the number of bedrooms, so there is no increase in the parking requirement. She said the plan is to allow handicap access. Architect Amey explained that the existing floor area ratio (FAR) is .51 where .50 is permitted and .53 floor area ratio is proposed. She said existing .51 FAR was previously unknown and was likely the result of the prior plans being hand drawn. She testified the site can accommodate the property expansion, and the plan will advance health, safety and welfare by providing access to the home and all of the floors in the home. Architect Amey said they are requesting the minimum necessary to provide accessibility, and there is no reasonable option to locate the elevator in the interior of the structure. She said the plan is not intrusive to the neighbors. Owner Frank Doherty gave a history of their ownership of the property and shared the elevator is needed to provide access for their young granddaughter. Board members were allotted time for questions of Architect Amey and Owner Went. Member Bodnar asked if an engineering assessment would be needed for the attached dwelling. Architect Amey replied the residential, stand-alone elevator is not to be installed on the common wall and is not an engineering concern. Member Sheehan asked about the opening of the elevator. Architect Amey said there is a paver pathway to the elevator with the opening under the deck. City of Cape May Zoning Board of Adjustment Meeting Minutes, July 25, 2024 Page 2 Engineer Hurless then summarized his memorandum dated July 18, 2024. He described his completeness review and the waivers he supported. He changed his zoning table to show the FAR maximum to .50 and summarized the details of the variances requested. The General Review Comments 1-13 were reviewed and explained in detail with all items being classified as conditions of approval except item 2 which he deleted from the review comments. 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 9, 2024, respectively. The applicant agreed to comply with the conditions. Board members were allotted time for questions of Engineer Hurless. There were questions about hand drawn plans and an engineering assessment of the elevator. Engineer Hurless said the board cannot restrict applicants submitting hand drawn plans and recognized the measurements on auto cad plans are more accurate. He said the construction official may determine that an engineering assessment for the elevator is necessary. Solicitor King said there is no expert on the board to determine whether an engineering assessment is needed. Discussion was opened to the public within two hundred feet at 6:40 PM. Bruce Shandler, 1830 Maryland Avenue, was sworn in by Solicitor King. He is the common wall neighbor of the applicants and spoke in support of the application. Michael O’Neill, 1805 New York Avenue, was sworn in by Solicitor King. He spoke in support of the application. Discussion was opened to the public beyond two hundred feet at 6:43 PM. Discussion was closed to the public at 6:43 PM. Solicitor King explained the vote to the board. Motion was made by Ms. Sheehan to grant the variance for floor area ratio at .53 subject to the waivers 26, 27, 28 and 33 as outlined on pages two, conditions 1-13 (less removed condition 2), as outlined on pages four and five in the July 18, 2024 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, and subject to all conditions discussed at the hearing, seconded by Mr. Bodnar and carried 6-0. Those in favor: Mr. Ledwin, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto. Those opposed: None. Those abstaining: None. Discussion: Payment of Bills City of Cape May Zoning Board of Adjustment Meeting Minutes, July 25, 2024 Page 3 Motion made by Ms. Sheehan to approve the payment of bills, seconded by Mr. Ledwin and carried 6-0. Those in favor: Mr. Ledwin, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto. Those opposed: None. Those abstaining: None. Motion made by Mr. Zektzer to adjourn the meeting at 6:46 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, July 25, 2024 Page 4