07/28/2022 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, July 28, 2022 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Diane Hutchinson at 6:01 PM in the City Hall Auditorium. 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 Present Ms. Hesel Present Mr. Ledwin Present Mrs. Notch Absent Mr. Walsh Present Mrs. McDade (Alt. 1) Absent Sam Venuto (Alt. 2) Present Also Present: Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer Karen Keenan, Board Assistant Minutes: Motion was made by Mr. Ledwin to adopt the meeting minutes of June 23, 2022, seconded by Ms. Hesel and carried 7-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Ledwin, Mr. Walsh, Mr. Venuto, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Resolutions: Motion made by Mrs. Werner to adopt Resolution number 07-28-2022: 1, Paul and Nancy Valentine, 1312 Maryland Avenue, seconded by Mr. Walsh and carried 6-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Ledwin, Mr. Venuto, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mr. Walsh. Application(s): Paul & Barbara Gioioso 1502 Velvento Avenue, Block 1176.02, Lot(s) 1.02 Applicants Paul and Barbara Gioioso, both engineers, introduced the application and were sworn in along with Board Engineer Craig Hurless by Solicitor King. Mrs. Gioioso described their history visiting Cape May. Licensed Professional Engineer Paul Gioioso was accepted as an City of Cape May Zoning Board of Adjustment Meeting Minutes, July 28, 2022 Page 1 expert by Chairperson Hutchinson and described the application for the pool, fence and lot coverage variances. He shared that the Fire Department, Public Works and Shade Tree Commission approved the project with no comments. Mr. Gioioso described application drawings including Sheet 1 by Fenwick Architects and the Variance Plan he personally prepared. He explained the request for the pool in the front yard is due to the rear fronting on New York Avenue, the technical rear yard. All of the development’s lots have the same condition of two front yards with a ten feet landscape buffer between the property and New York Avenue. The pool is to be situated between the landscape buffer and the house and where a concrete patio was shown on the original plan approved by zoning. He said there is no other location to place the pool at the property. He also requested a variance for a six-foot solid fence inside the dense landscaping with the fence to pose no visible hardship to the streetscape and eventually be hardly visible as the landscaping matures. He said the fence will not encroach the buffer, and there is no vehicular traffic permitted onto the property from New York Avenue. Engineer Hurless referred to Planning Board Resolution 1-13-2015: 1 for the development and said the resolution provided guidance, with New York Avenue residents input, that the rear yards be oriented to New York Avenue. Engineer Hurless agreed with the applicants’ testimony that Velvento Avenue would be treated as the front of the property. He added that there are two front yards at this property, and accessory structures are not permitted in front yards. In addition, he shared that pools were not discussed at the Planning Board meeting. Solicitor King asked why the applicants seek an increase in lot coverage if replacing a concrete patio. Mr. Gioioso replied it is to provide for safe access in and out of the pool, and the additional area would not be needed around a concrete patio. Engineer Hurless asked if there is a way to reduce the lot coverage. Mr. Gioioso replied that the dwelling will have a state-of-the-art stormwater management system to capture rainwater and direct water away from the house and away from New York Avenue. He felt the 1.9% increase over the thirty percent lot coverage to be de minimus. Member Walsh said a 178 square feet increase in lot coverage is a sizeable number. Mr. Gioioso said they are not asking for a variance for floor area ratio. Member Walsh asked for the fence material, and Mr. Gioioso replied that he needs to work with the neighbors and homeowner association on the fence materials. Board Engineer Hurless suggested removing the four feet of pavers on the New York Avenue side of the pool coping to get the lot coverage closer to conforming at 31.22%. Mr. Gioioso said he would agree to this as a condition of approval. Board Engineer Hurless then summarized his report dated June 8, 2022. He described his completeness review with no waivers requested. He summarized the three variances requested and shared his general review comments 1-12 to be conditions of approval. Engineer Hurless advised the Fire Department, Public Works Department and Shade Tree Commission approved the project with no conditions. Board members were allotted time for questions of the applicant and engineer. Member Ledwin asked if the homeowners association has approved the pool, and Mr. Gioioso said he cannot apply without Zoning Board approval. Vice Chairperson Murray asked if pools are allowed in the front City of Cape May Zoning Board of Adjustment Meeting Minutes, July 28, 2022 Page 2 yard. Engineer Hurless replied that pools and other accessory structures are never permitted between the face of a principal structure and the street. Discussion was opened to the public within 200 feet at 6:47 PM. Jacquelyn Gioioso, Morris County and parent of Paul Gioioso, was sworn in by Solicitor King and asked about the Planning Board original approval of the subdivision. Engineer Hurless explained that there are special circumstances, but the New York side is being treated as a rear yard with the ten-foot-wide buffer to be perpetually maintained with the homes to be oriented to Velvento Avenue. Engineer Hurless said that lot coverage is the intensity on the lot. He read from the Planning Board Resolution 01-13-2015: 1 which describes conversation between Vince Orlando and him: “houses not facing New York Avenue with Mr. Hurless recommending a buffer to provide as a condition regarding those houses, with Mr. Orlando indicating he provided for that on page 4 of the plan. There was discussion that a condition should be attached to the approval that the easement along New York Avenue should be perpetually maintained as to landscaping to the satisfaction of the Board Engineer, being 10 feet wide and should be included in the Declaration which Mr. Hluchan had previously presented to the Board Engineer and Board Attorney for approval prior to this hearing.” Discussion was closed to the public at 6:49 PM. Solicitor King said these homes are being custom built and should not be designed to reach the thirty percent lot coverage to allow for accessory structures such as sheds and pools. Member Werner asked if the applicants could use a different pool design. Member Venuto asked why they are asking for a pool at this time. Mr. Gioioso said a pool was always contemplated. Engineer Hurless said many plans are submitted to get foundations in before the pile driving moratorium after Memorial Day. Solicitor King explained separating the votes by variance to the Board. Motion was made by Mr. Ledwin to approve a variance for the fence as requested by the applicant with the conditions of approval discussed at the hearing and conditions 1-12 outlined in the review memorandum from Board Engineer Craig R. Hurless, PE, PP, CME, dated June 8, 2022, seconded by Mrs. Werner and carried 5-2. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Ledwin, Mr. Venuto, Mrs. Hutchinson. Those opposed: Mr. Walsh, Mr. Murray. Those abstaining: None. Motion was made by Mr. Murray to approve a variance for a pool in the front yard with the conditions of approval discussed at the hearing and conditions 1-12 outlined in the review memorandum from Board Engineer Craig R. Hurless, PE, PP, CME, dated June 8, 2022, seconded by Mr. Venuto and carried 5-2. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Ledwin, Mr. Venuto, Mrs. Hutchinson. Those opposed: Mr. Walsh, Mr. Murray. Those abstaining: None. City of Cape May Zoning Board of Adjustment Meeting Minutes, July 28, 2022 Page 3 Motion was made by Mrs. Hutchinson to grant the variance with construction as proposed by the applicant for lot coverage at 31.9%, subject to the conditions of approval discussed at the hearing and conditions 1-12 outlined in the review memorandum from Board Engineer Craig R. Hurless, PE, PP, CME, dated June 8, 2022, seconded by Mr. Murray and did not carry 2-5. Those in favor: Ms. Hesel, Mrs. Hutchinson. Those opposed: Mrs. Werner, Mr. Ledwin, Mr. Walsh, Mr. Venuto, Mr. Murray. Those abstaining: None. Motion was made by Mr. Murray to grant the variance for lot coverage at 31.2% however achieved, subject to the conditions of approval discussed at the hearing and conditions 1-12 outlined in the review memorandum from Board Engineer Craig R. Hurless, PE, PP, CME, dated June 8, 2022, seconded by Ms. Hesel and carried 5-2. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Ledwin, Mr. Venuto, Mrs. Hutchinson. Those opposed: Mr. Walsh, Mr. Murray. Those abstaining: None. Vice Chairperson Murray said he did not agree the lot coverage increase request to be de minimus and felt approving the variance defeats the purpose of the zoning code. Discussion: Vice Chairperson Murray reported to the Board that he spoke to Fire Chief Coulter, and the Board can rest assured that Chief Coulter reviews each application and drawings carefully. Motion made by Mrs. Hutchinson to adjourn the meeting at 7:10 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, July 28, 2022 Page 4