08/24/2023 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, August 24, 2023 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. Pledge of Allegiance Roll Call: Mrs. Werner, Chairperson Present Mr. Venuto, Vice Chairperson Present Vacant --------- Mr. Ledwin Present 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 Minutes: Motion was made by Mrs. Notch to adopt the meeting minutes of July 27, 2023, seconded by Ms. Sheehan and carried 6-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mr. Ledwin. Resolution(s): Motion made by Ms. Sheehan to adopt Resolution number 08-24-2023: 1, Joseph Bogle, 102 First Avenue, seconded by Mr. Venuto and carried 6-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mr. Ledwin. Motion made by Mr. Venuto to adopt Resolution number 08-24-2023: 2, Samuel and Lisa Stroud, 227 Grant Street, seconded by Mrs. Notch and carried 6-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mr. Ledwin. City of Cape May Zoning Board of Adjustment Meeting Minutes, August 24, 2023 Page 1 Presentation: Historic Preservation Commission New Design Standards Design Standards Consultant Steven Smolyn, AIA, virtually presented an overview of the new design standards booklet which was updated with the support of a grant from the New Jersey Historic Presentation Office. Application(s): Christine Carlson-Glazer 710 Columbia Avenue, Block 1071, Lot(s) 3 Attorney Anthony Catanese introduced the application for conversion of the six-unit use to a single family home requiring variances for lot size, lot width, lot frontage, rear yard and side yard setbacks and lot coverage. Attorney Catanese said the project has received conceptual approval from the Historic Preservation Commission (HPC). Owner Christine Carlson-Glazer, Architect Christina Amey and Board Engineer Craig Hurless were sworn in by Solicitor King for the record. Architect Amey was accepted as an expert in planning and architecture by Chairperson Werner. Exhibits A-1 Alterations & Addition for Christine Carlson-Glazer and A-2 Alterations & Addition for Christine Carlson-Glazer, a marked version with an X where the chimney is to be removed, were distributed to the board. Architect Amey explained the history of additions at the property and the conditions at the house. She described the variance plan to level off the second floor to make eight foot ceilings and showed Sheet AZ-1 with a rear vertical expansion and expansion of the deck but no increase in floor area ratio. She said there will be a stormwater plan to be approved by the Board Engineer. Architect Amey said a hardship exists due to the extremely small property, the project advances the purposes of zoning by making the building safer, the benefits outweigh the negatives, there will be a less intense population density, appropriate off street parking and appropriate greenspace and conservation of historic sites. She said the project poses no substantial impact on the zone plan. Board members were allotted time for questions. Member Sheehan asked about the proposed outdoor shower. Engineer Hurless said outdoor showers attached to principal structures have a lessened setback requirement. Member Notch asked if the air conditioning units are on the roof and are there hardwired smoke detectors with the response being yes with the air conditioning units shielded from public view. Engineer Hurless then summarized his memorandum dated June 20, 2023 including his completeness review with the waivers he supported and his comments on the five variances required for this project. He said when the use changes, the bulk and area requirements change, and the applicant is reducing lot coverage by replacing gravel areas with grass. There was a correction to the chart on page three to correct the number of bedrooms to six with the required parking to be three spaces. The General Review Comments 1-13 were reviewed and explained City of Cape May Zoning Board of Adjustment Meeting Minutes, August 24, 2023 Page 2 in detail with all items being classified as conditions of approval. The applicant agreed to all conditions of approval, including revising the grading and draining plan. 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. Member Sheehan asked about the lot coverage. Engineer Hurless said the existing stone parking surface has been reconfigured with stone and pavers being calculated at 50% lot coverage. Discussion was opened to the public within two hundred feet and beyond at 6:45 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 variances one through five as listed on page three of six in the June 20, 2023 Board Engineer’s review memorandum, subject to the four waivers identified by the Board Engineer and conditions 1-13, as outlined on page five in the memorandum, by Board Engineer Craig R. Hurless, PE, PP, CME, dated June 20, 2023, seconded by Mr. Ledwin and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Fern and Kevin Watters 1218 New York Avenue, Block 1131, Lot(s) 11 & 12 Attorney Keith Davis introduced the application for a rear deck for outdoor living space with existing nonconformities seeking variances for lot size, lot width, lot frontage, maximum deck width, parking and nonconforming structure on nonconforming lot. Attorney Davis said there are interior renovations contemplated at the property which may require a floor area ratio variance; interaction with the Zoning Officer is underway. Owner Fern Walters, Architect Dave Schultz and Planner and Engineer Andrew Schaeffer were sworn in by Solicitor King for the record. Engineer Hurless remained under oath. Owner Watters gave a history of ownership of the property, described the shared driveway and parking at the property, and their plan for a new deck to eliminate the need for stairs to access outdoor space to grill, etc. Architect Schultz was accepted as an expert by Chairperson Werner. Architect Schultz described the existing conditions at the property using the following exhibits that were prepared for presentation to the Historic Preservation Commission and the proposed project: A-1 – HPC-001 Existing Streetscape Photographs A-2 – HPC-010 Proposed Site Plan A-3 – HPC-601 Proposed Exterior Elevations A-4 – HPC-600 Proposed Exterior Elevations A-5 – HPC-602 Proposed Exterior Elevations City of Cape May Zoning Board of Adjustment Meeting Minutes, August 24, 2023 Page 3 A-6 – Z-200 Proposed Basement & 1st Floor Plans Architect Schultz said the project promotes a desirable visual environment. Board members were allotted time for questions of Architect Schultz. Member Walsh asked what will be under the deck. Architect Schultz replied there is an areaway to get into the basement. Engineer Hurless asked about the deck material and the existing patio. Attorney Davis said the patio was installed without permits, unbeknownst to Applicant Watters, and they did not include the patio in the lot coverage calculation in the application. Member Sheehan asked about the lot coverage calculation. Engineer Hurless said the lot coverage calculation will be 50% as both the deck and underneath the deck will be permeable. Engineer Schaeffer said his calculations will be corrected shortly. Engineer and Planner Schaeffer was accepted as an expert by Chairperson Werner. Engineer Hurless explained the existing lot coverage calculations in his chart are 48.3% of lawful coverage and 57% lot coverage with the unlawful patio. Schaeffer said the proposed lot coverage to be 50.8% after correcting his calculations for the proposed uncovered deck. He said the paver patio will be removed and replaced with gravel or grass. Engineer Schaeffer added he did not see any stormwater issues at the property at 57% lot coverage. He said there is more than adequate light, air, and open space, no substantial impairment to the zone plan or public good and no detriment to the zoning ordinance or master plan. He agreed to all conditions listed in the Board Engineer’s memorandum. Board members were allotted time for questions of Engineer Schaeffer. Chairperson Werner inquired if the deck aligns with the neighbor’s deck. Engineer Schaeffer could not stipulate exactly but could say visually they are in line. Engineer Hurless then summarized his memorandum dated June 2, 2023 including his completeness review, the details required as conditions of approval, the two waivers he supported and his comments on the variances requested. He said lot coverage proposed to be 50.8% over the 48.3% existing. He said modification of the lot coverage calculations to the plans should be a condition of approval. Engineer Hurless advised the Fire Department and Public Works Department approved the project with no conditions. The Shade Tree Commission approved the project on the condition that all existing trees and landscaping to remain. The applicant agreed to the conditions of approval including those listed in the General Review Comments 1-11. Engineer Hurless said his review did not include a specific analysis of the floor area ratio, and there was a separate permit application, to the Zoning Officer, that may affect the floor area ratio. He emphasized that the applicant did not apply for a floor area ratio variance, and the board is not acting regarding a floor area ratio variance. Attorney Davis said Architect Schultz sent a letter to the Zoning Officer two days prior to the meeting with no reply to date. Solicitor King expressed concern about the variances sought for lot coverage and parking. Attorney Davis argued that the deck project has no relation to floor City of Cape May Zoning Board of Adjustment Meeting Minutes, August 24, 2023 Page 4 area ratio. Solicitor King said he would put in qualifying language that the Board is not approving a floor area ratio variance by approving lot coverage and parking variances. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within two hundred feet at 7:23 PM. Aloysius Stonitsch, 1216 New York Avenue, was sworn in by Solicitor King. He spoke in support of the application. Engineer Hurless asked Mr. Stonitsch if he shared the driveway with the applicant, and he said no. Member Walsh asked if he had a deck, and Mr. Stonitsch said he has a third story deck. Discussion was opened to the public beyond two hundred feet at 7:41 PM. Discussion was closed to the public at 7:41 PM. Solicitor King explained the vote to the Board. Motion was made by Vice Chairperson Venuto to grant the six variances requested, as set forth in the Board Engineer’s June 2, 2023 chart which was revised to indicate that the proposed lot coverage to be 50.8%, subject to all conditions and waivers discussed at the hearing and conditions 1-11, as outlined on pages four and five in the memorandum, by Board Engineer Craig R. Hurless, PE, PP, CME, dated June 2, 2023 and also with a special condition to indicate as follows: the fact that variances were granted for parking and lot coverage will not impact any future decision to grant or not grant any floor area ratio variance that may or may not be required in a future application and the applicant acknowledged this position, seconded by Mrs. Notch and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Discussion: 2022 Zoning Board of Adjustment Decisions There was a brief discussion on some of the approvals granted in 2022. Solicitor King noted that more applications receive approval versus denial, because many applications which do not make sense do not proceed to board review and aspects of applications are mitigated at meetings. Engineer Hurless said the board is strict on applications that seek floor area ratios. He added that the Planning Board can tighten/loosen requirements based on trends of Zoning Board decisions. Motion was made by Mr. Walsh to accept the report, seconded by Mr. Zektzer and carried 7- 0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Motion made by Ms. Sheehan to adjourn the meeting at 7:55 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, August 24, 2023 Page 5