08/22/2024 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, August 22, 2024 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 Absent 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 Mr. Venuto to adopt the meeting minutes of July 25, 2024, as corrected, seconded by Mr. Ledwin and carried 5-0. Those in favor: Mr. Ledwin, Ms. Sheehan, Mr. Zektzer, Mr. Bodnar, Mr. Venuto. Those opposed: None. Those abstaining: Mrs. Notch, Mrs. Werner. Resolution(s): Motion made by Mr. Bodnar to adopt Resolution number 08-22-2024: 1, Frank and Joyce Doherty, 1832 Maryland Avenue, seconded by Ms. Sheehan and carried 5-0. Those in favor: Mr. Ledwin, Ms. Sheehan, Mr. Zektzer, Mr. Bodnar, Mr. Venuto. Those opposed: None. Those abstaining: Mrs. Notch, Mrs. Werner. Application(s): Donna and John Doherty 211 Grant Street, Block 1022, Lot(s) 23 Attorney Ron Gelzunas introduced the application for hardship, substantial benefit and use variances to reconfigure and reduce an exterior rear deck and removal of interior stair well to accommodate accessibility by enlarging hallways, bathrooms and interiors. City of Cape May Zoning Board of Adjustment Meeting Minutes, August 22, 2024 Page 1 Owner Donna Doherty, Architect Pamela Fine of Fine Architecture, PC and Board Engineer Craig Hurless were sworn in by Solicitor King. Architect Fine presented her credentials and was accepted as an expert in architecture by Chairperson Werner. Architect Fine presented and described in detail Exhibit 1, reduced version of the existing and proposed site plans, floor plans and elevations. She said the improvements come closer to meeting the rear yard setback and lot coverage requirements and the removal of chimneys and stairs results in increase floor area ratio (FAR) due to calculation differences. Architect Fine shared the project received Historic Preservation Commission (HPC) conceptual approval. She testified the dormer gives more light and air, and there is no increase in intensity with no new bedrooms nor bathrooms proposed. She said there is no detriment to the public good or neighbors. Owner Doherty gave a history of the property she purchased in 2017 and said she plans to retire here. She added there is not a lot of closet space, the chimneys are unused, and the staircase is narrow. Exhibit 2 – Certificate of Zoning Compliance dated September 27, 2017 was shown and Owner Doherty said was issued prior to her purchase of the property. Board members were allotted time for questions of Architect Fine and Owner Doherty. Member Sheehan asked about the driveway, and Architect Fine responded that the driveway tire strips are being extended for parking of three cars and will be replaced with pervious pavers. Member Sheehan asked about the zoning certificate, and Solicitor King said it is to give a buyer assurance that the property does not violate zoning. Member Sheehan asked about the side yard setback, and Architect Fine responded that the air conditioning units are on the neighbor’s lot. Attorney Gelzunas said the applicant will move the units to a minimum 2.5 feet back in line with the house. Member Notch asked about the chimneys above the roof. Architect Fine replied the HPC wants the exterior chimneys to be retained; they will reinforce with framing to hold the exterior brick chimneys in place. Engineer Hurless then summarized his memorandum dated May 28, 2024. He described his completeness review and the waivers he supported. He summarized the details of the variances requested. He said the rear yard setback has been increased and the lot coverage has been reduced, but still require variances. He said the FAR is being increased, but there is no expansion of the dwelling with space becoming habitable after the elimination of the stairs and chimney. The General Review Comments 1-14 were reviewed and explained in detail with all items being classified as conditions of approval with item 2 changed to the applicant agreed to move the air conditioning units to on top of the rear storage. 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 June 4, 2024, June 5, 2024 and May 31, 2024, respectively. Board members were allotted time for questions of Engineer Hurless. City of Cape May Zoning Board of Adjustment Meeting Minutes, August 22, 2024 Page 2 Member Ledwin asked about revised plans to reflect change in the rear setback. Engineer Hurless said the plans will change due to the relocation of the air conditioning units. Discussion was opened to the public within two hundred feet and beyond at 6:41 PM with no public coming forward to comment. Solicitor King explained the vote to the board. Motion was made by Mr. Zektzer to grant the variance for FAR, lot size, lot width and lot frontage, rear yard setback, side yard setback, lot coverage and nonconforming structure on nonconforming lot, subject to conditions 1-14, as outlined on pages five and six and 1, 12 and 19 listed on page two, subject to the waivers 26, 27, 28 and 33 as outlined on pages two and three in the May 28, 2024 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, and the added condition to relocate air conditioning to on top of the shower at least two feet from the side yard, and subject to all conditions discussed at the hearing, seconded by Ms. Sheehan and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. James and Carol Raimo 266 Grant Street, Block 1019, Lot(s) 7 Attorney Ron Gelzunas introduced the application for hardship, substantial benefit and use variances for renovations/additions to an existing single-family dwelling. Owner James Raimo and Architect Catherine Lorentz of C.A. Lorentz, Architect were sworn in by Solicitor King. Board Engineer Craig Hurless remained under oath. Architect Lorentz presented her credentials and was accepted as an expert in architecture by Chairperson Werner. Architect Lorentz described the property as a one and a half story Cape Cod structure that has undergone renovations since it was built in the 1950s. She said the house is below flood level with some areas worse than other areas. Architect Lorentz said the owners want to expand the house and showed and described Exhibit-A, which included renderings EX-1 showing what’s to be demolished, the family room to be lifted and the garage to remain, EX-1a, a rendering of the front exterior elevation that has been conceptually approved by the HPC, EX- 1b a Graphic Comparison of Massing, Height and Scale of Proposed New House and EX-1c showing the possibility to park six cars at the property. She said the house does not overwhelm the neighborhood and the area is wet with the creek in the rear. She said the existing lot coverage is 50.1%, and they propose to reduce the lot coverage to 42.3%. This lot is shorter than most lots in the block, as the city owns a portion of land in the rear of the property and denied selling the property to the Raimos. Architect Lorentz said if the land could be acquired, the FAR would be under the requirement. Architect Lorentz described the proposed interior of the home and said the plan is to add two trees in the front yard. She said the project increases open air, light and space, and the massing is not overwhelming with the proposed height to be no higher than required. City of Cape May Zoning Board of Adjustment Meeting Minutes, August 22, 2024 Page 3 Attorney Gelzunas explained in great detail the history of the land use of the lot over the years including a railroad switch and shared Exhibit 2 is an aerial of the pictrometry (lot lines), as shown on the Cape May County tax website and Exhibit 3 includes two pages that highlight the location of railroad tracks as shown on Cape May City tax maps with the tracks superimposed on page two of this exhibit. Board members were allotted time for questions of Architect Lorentz. Member Sheehan asked about the proposed height and the front setbacks. Architect Lorentz clarified she expects that as time progresses, other houses will begin to comply with flood requirements, this house will fit in with the streetscape. It was also clarified that the proposed setbacks are: 13.3 feet to the porch steps, 19 feet to the porch, and 25 feet to the face of the house. Member Sheehan said you cannot always be certain that the surrounding properties will be developed as contemplated. Vice Chairperson Venuto commented there are many undersized lots in the city. There was a discussion on including the city-owned area for FAR purposes. Solicitor King was not in favor of using the city-owned area in the calculation for an FAR variance, but Engineer Hurless and Solicitor King both understood the applicants’ making the case with the board to decide. Engineer Hurless then summarized his memorandum dated May 20, 2024. He described his completeness review and the waivers he supported. Engineer Hurless said the habitable area is 1,921.20 square feet with the proposed habitable area to be 3,134 square feet and the four existing bedrooms proposed to increase to six bedrooms. He explained the building setback averaging has been calculated at 15.6 feet, making it the required building setback line. He changed his zoning table to show the FAR maximum proposed to be 42.3% and summarized the details of the variances requested. The General Review Comments 1-14 were reviewed and explained in detail with all items being classified as conditions of approval. Engineer Hurless advised the Fire and Public Works Departments and Shade Tree Commission recommended approval of the project with no conditions/comments in their reports dated May 24, 2024, May 23, 2024 and June 16, 2024, respectively. He also confirmed the Historic Preservation Commission granted conceptual approval in their report dated January 9, 2024. The applicant agreed to comply with the conditions. Attorney Gelzunas asked if the landscape plan was reviewed by Engineer Hurless. The landscape plan was distributed to the members in their packet. Engineer Hurless said he had not reviewed it, but he would as part of the compliance review if the application is approved. Board members were allotted time for questions of Engineer Hurless. Engineer Hurless clarified the dimensions of landscape plan. Member Sheehan asked for the location of the air conditioning units. Architect Lorentz stated all of the air conditioning units will meet the required setbacks. Owner Raimo introduced his son and nephew who were present in the audience. He explained the plan is to provide space to accommodate their growing family, and they were aware that the City of Cape May Zoning Board of Adjustment Meeting Minutes, August 22, 2024 Page 4 fence is located on city property just before settlement. He went on to say that he feels the project is positive for all due to raising the house to meet the code and working with Historic Preservation Commission to fit the house with the streetscape. Board members were allotted time for questions of Architect Lorentz and Owner Raimo. Discussion was opened to the public within two hundred feet and beyond at 8:02 PM with no public coming forward to comment. Solicitor King explained the vote to the board. Motion was made by Mr. Zektzer grant the variances for §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(2) Lot Coverage and §525-52 Floor Area Ratio (FAR), subject to the waivers 26, 27, 28 and 33 as outlined on pages two, conditions 1-14 plus condition 18 listed on page two, as outlined on pages five and six 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 Mrs. Notch and did not carry 3-4. Those in favor: Ms. Sheehan, Mr. Zektzer, Mrs. Werner. Those opposed: Mr. Ledwin, Mrs. Notch, Mr. Bodnar, Mr. Venuto. Those abstaining: None. Member Bodnar shared the reasons for his vote: he found the property too small for the project and the negative criteria unsatisfied. In addition, he expressed concern about the railroad, city- owned property and excessive FAR. Discussion: Payment of Bills 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 8:10 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, August 22, 2024 Page 5