07/27/2023 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, July 27, 2023 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Terri Werner at 6:03 PM in the City Hall Auditorium. In compliance with the Open Public Meetings Act, adequate notice was provided. Pledge of Allegiance Roll Call: Mrs. Werner, Chairperson Present Mr. Venuto, Vice Chairperson Present Vacant --------- Mr. Ledwin Absent Mrs. Notch Present Ms. Sheehan Present Mr. Walsh Present Mr. Zektzer (Alt. 1) Present Mr. Cataldo (Alt. 2) Present Also Present: Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer Karen Keenan, Board Assistant Announcement: Chairperson Werner announced Virginia Hesel’s retirement from the Zoning Board. The Board thanked Ms. Hesel for her many years of dedicated service and wished her well. Minutes: Motion was made by Mrs. Notch to adopt the meeting minutes of June 22, 2023, seconded by Ms. Sheehan and carried 6-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Cataldo, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mr. Walsh. Resolution(s): Motion made by Mr. Zektzer to adopt Resolution number 07-27-2023: 1, Michael Wood, 413 Broadway, seconded by Ms. Sheehan and carried 6-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Cataldo, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mr. Walsh. Motion made by Mr. Venuto to adopt Resolution number 07-27-2023: 2, Cela Tega LLC, 1521 Beach Avenue, seconded by Mrs. Notch and carried 4-1. Those in favor: Mr. Zektzer, City of Cape May Zoning Board of Adjustment Meeting Minutes, July 27, 2023 Page 1 Mr. Cataldo, Mr. Venuto, Mrs. Werner. Those opposed: Ms. Sheehan. Those abstaining: Mrs. Notch, Mr. Walsh. Application(s): Joseph Bogle 102 First Avenue, Block 1015, Lot(s) 6 Attorney Tony Monzo introduced the application for a small, elevated deck and access from the second floor. Attorney Monzo said the project has received conceptual approval from the Historic Preservation Commission (HPC). Owner Joseph Bogle, Architect Pam Fine and Board Engineer Craig Hurless were sworn in by Solicitor King for the record. Architect Fine was accepted as an expert in planning and architecture by Chairperson Werner. Two exhibits, A-1 and A-2, which consisted of photos of the property and neighboring properties, were distributed to the board. Owner Bogle gave a history of ownership of the property. Architect Fine showed and described the plans on Sheet SU-1 Existing Floor Plans & Elevations, P-1 Proposed Floor Plans, and P-2 Proposed Elevations with the board. She said the property is narrow, irregularly shaped and severely undersized with no way to remedy and no option for outdoor eating space. She said the project poses no negative impact on the zone plan or the public good. She testified the project promotes public health, safety, morals, and general welfare, promotes appropriate population densities and concentrations that contribute to well being of the neighborhood, provides sufficient space in appropriate locations, promotes a desirable visual environment and promotes conservation of historic sites and districts. She added the benefits justify granting the variances with no detriment. Board members were allotted time for questions. Solicitor King inquired about the HPC comments on the project. Architect Fine said the HPC found this to be a better design. Member Sheehan expressed concern about the closeness to the neighbor’s property. Architect Fine said the design considers clearing the roof overhang and continues the line of the bump out. Engineer Hurless then summarized his memorandum dated May 8, 2023 including his completeness review with the waivers he supported and his comments on the three variances required for this corner lot property. The General Review Comments 1-12 were reviewed and explained in detail with all items being classified as conditions of approval. The applicant agreed to all conditions of approval, and, after discussion, it was determined and agreed that the concrete in the parking ribbons and the stones between the concrete curb and sidewalk shown in Exhibit A-2 will be replaced with grass. Engineer Hurless advised the Fire Department, Shade Tree Commission and Public Works Department approved the project with no conditions. Board members were allotted time for questions of Engineer Hurless. City of Cape May Zoning Board of Adjustment Meeting Minutes, July 27, 2023 Page 2 Discussion was opened to the public within two hundred feet at 6:39 PM. Jacquie Newman, 104 First Avenue, was sworn in by Solicitor King. She spoke in support of the application. Discussion was opened to the public beyond two hundred feet at 6:41 PM. Discussion was closed to the public at 6:41 PM. Solicitor King explained the vote to the Board. Motion was made by Ms. Sheehan to approve variances 1, 2 and 3 as listed on page three of five in the May 8, 2023 Board Engineer’s review memorandum, subject to the conditions and waivers outlined in the May 8, 2023 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME and discussed at the hearing including the replacement of the area between the concrete curb and sidewalk and concrete parking ribbons with grass, seconded by Mrs. Notch and carried 7-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Cataldo, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Samuel and Lisa Stroud 227 Grant Street, Block 1022, Lot(s) 32 & 33 Attorney Rob Belasco introduced the application for a use variance (expansion of non-conforming use) and a variance for lot coverage. Owner Samuel Stroud and Architect Joseph Ross were sworn in by Solicitor King for the record. Engineer Hurless remained under oath. Architect Ross was accepted as an expert by Chairperson Werner. Attorney Belasco described the duplex at the property with parking onsite for two vehicles currently. He explained the project to elevate the structure from 9.7 feet elevation currently to elevation 11, replace the existing front yard deck with a deeper deck and replace the two sets of stairs with one set of stairs to one main entrance, bringing the structure closer to conformity. He said the reconfigured parking will comply with the requirement of four parking spaces, and the project has conceptual approval of the Historic Preservation Commission (HPC). Solicitor King explained his property is behind the applicants’ property, and he is neutral regarding the proposed project. He had planned to object to a previous application regarding this property, and the application was subsequently withdrawn. Attorney Belasco was informed ahead of the meeting and had no objection to Solicitor King’s participation at the hearing. Owner Stroud gave a history of ownership of the property and an overview of the project. Board members were allotted time for questions of Owner Stroud. Member Sheehan asked about the increase of the front deck and the new front stairs. Architect Ross said he used front yard averaging, as permitted by ordinance, and Engineer Hurless explained that they measured the four adjacent properties on the same side of the block with at least fifty percent of the front yard setbacks being required to be non-conforming. City of Cape May Zoning Board of Adjustment Meeting Minutes, July 27, 2023 Page 3 Architect Ross described the existing conditions at the property and said no additional living space will be created by the proposed project. He added the creative parking design brings the amount of parking spaces into conformance. Architect Ross said the site can accommodate the proposed expansion, and all other setbacks and bulk issues are in conformance. The floor area ratio is existing non-conforming with no expansion proposed, and the project promotes safety by conforming to flood conditions, a desirable visual effect by updating materials that are approved by the HPC and free flow of traffic with the well- defined parking spots. He said no metered parking spaces will be affected by the project. Board members were allotted time for questions of Architect Ross. Member Notch observed that there were four cars in a catawampus way when she visited the property. She applauded the parking change. Solicitor King asked for the clearance under the house. Architect Ross responded that they are only asking for the minimum with a clearance of six feet two inches from the ground to the underside joists. He said there will be no parking and no habitable space under the house. Member Walsh asked about the loss of lawn. Architect Ross believed there is more lawn proposed than existing, but it has not been calculated. Engineer Hurless then summarized his memorandum dated May 16, 2023 including his completeness review, the details required as conditions of approval, the waivers he supported and his comments on the variances requested for use and lot coverage. He said duplexes are not permitted in the district, and the lot coverage is non-conforming but improved at 41.2% proposed over the 41.8% existing. Engineer Hurless advised the Fire Department and Shade Tree Commission approved the project with no conditions. The Public Works Department approved the project with the condition that no metered spots to be lost. The applicant agreed to the conditions of approval including those listed in the General Review Comments 1-14. Board members were allotted time for questions of Engineer Hurless. Member Sheehan asked about flooding. Engineer Hurless said the lot must be graded from the back of the lot to the street with no shedding of water to any neighbor’s property. Architect Ross said the guttering system will be connected to the stormwater system. Engineer Hurless said roof runoff that cannot be handled by the stormwater system will bubble up and directed to the street by the grading. Discussion was opened to the public within two hundred feet and beyond at 7:23 PM and closed with no public coming forward to comment. Solicitor King explained the vote to the Board. Motion was made by Ms. Sheehan to grant the variances for expansion of a non-conforming use, requiring five out of seven positive votes to carry, and lot coverage as listed on page three of six of the May 16, 2023 Board Engineer’s review memorandum, subject to the conditions and discussed at the meeting and listed in the May 16, 2023 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, seconded by Mr. Walsh and carried 7-0. City of Cape May Zoning Board of Adjustment Meeting Minutes, July 27, 2023 Page 4 Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Cataldo, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Architect Ross advised the board that this is probably his last meeting appearing as an architect before them. He thanked them for the privilege of appearing before them for the last 27 years. The board wished him well. Elaine’s Property Management LLC 513 Lafayette Street, Block 1053, Lot(s) 13 Chairperson Werner announced the Elaine’s Property Management issue with the Historic Preservation Commission has been resolved, and the application has been withdrawn. Motion made by Mrs. Notch to adjourn the meeting at 7:27 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, July 27, 2023 Page 5