08/25/2022 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, August 25, 2022 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Diane Hutchinson at 6:00 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 Absent Ms. Hesel Present Mr. Ledwin Present Mrs. Notch Present Mr. Walsh Present Mrs. McDade (Alt. 1) Present 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. Murray to adopt the meeting minutes of July 28, 2022, seconded by Ms. Hesel and carried 6-0. Those in favor: Ms. Hesel, Mr. Ledwin, Mr. Walsh, Mrs. McDade, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mrs. Notch. Resolutions: Motion made by Mrs. McDade to adopt Resolution number 08-25-2022: 1, Paul and Barbara Gioioso, 1502 Velvento Avenue, seconded by Mr. Walsh and carried 4-1. Those in favor: Ms. Hesel, Mr. Ledwin, Mrs. McDade, Mrs. Hutchinson. Those opposed: Mr. Walsh. Those abstaining: Mrs. Notch, Mr. Murray. Application(s): Cape May Sea Glass Properties LLC 933 Beach Avenue, Block 1081, Lot(s) 16 Attorney Andrew Catanese introduced Owner Bonnie Wilhelm and Project Engineer Dave Scheidegg and generally summarized the prior hearing for this property. He advised the Board City of Cape May Zoning Board of Adjustment Meeting Minutes, August 25, 2022 Page 1 that the owners’ plans are unchanged but they seek to have the condominium condition in the resolution removed. Engineer Scheidegg was accepted as an expert by Chairperson Hutchinson and was sworn in by Solicitor King along with Owner Wilhelm and Board Engineer Craig Hurless. Engineer Scheidegg stated the plans conform and were signed off by Engineer Hurless. He added the packet plans are compliance plans with the only difference being the parking spaces are labelled. Member McDade expressed concern about parking with owners not adhering to no parking in the driveway. Solicitor King said that single family home and condo owners must be treated the same. He said at the last hearing an objector did not want condominiums due to a parking issue that is better controlled by a single owner. He added that the parking is now resolved. Attorney Catanese said the control would be via a master deed. Vice Chairperson Murray asked if condos are a permitted use, and Solicitor King replied yes. Engineer Hurless then summarized his memorandum dated July 15, 2022 regarding the evolved parking plan that comprises seven parking spaces plus a guest parking spot. He recommended that the guest parking space be labelled and the conditions to comply with the previous approval. He did not object to the removal of the condition. He explained that there was dialogue with the Fire Department regarding the application that the Fire Department subsequently approved, and the Shade Tree Commission and Public Works approved the application. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public at 6:17 PM and closed at 6:17 PM with no public coming forward to comment. Solicitor King explained the vote to the Board. Motion was made by Mr. Murray to grant amended preliminary and final site plan approval, a waiver of site plan requirements and removal/satisfaction of condition regarding condos with the property to be treated as any other property where condos are permitted subject to all rules related to condos and subject to all conditions of approval discussed at the hearing and outlined in the review memorandum, from Board Engineer Craig R. Hurless, PE, PP, CME, dated July 15, 2022, seconded by Mrs. McDade and carried 7-0. Those in favor: Ms. Hesel, Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mrs. McDade, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Lokal Stockton LLC 5 Stockton Place, Block 1064, Lot(s) 17 Solicitor King announced this application to be adjourned to the October 27, 2022 meeting with no further notice being required. City of Cape May Zoning Board of Adjustment Meeting Minutes, August 25, 2022 Page 2 Cape CJ, LLC 1301 Beach Avenue, Block 1146, Lot(s) 26.02, 27 & 28 Attorney Robert Belasco, Applicant Jeff Gernitis, and Architect Joseph Ross were present for this application. Attorney Belasco described the property as a nine-unit guest house and restaurant, uses that are permitted. He explained that the restaurant use at 37% exceeds the ordinance and was approved by the Zoning Board along with the patio variance under Resolution number 06- 24-2021: 1. He went on to say that the applicant later decided to add a fire pit to the project, and Applicant Gernitis received permits from Construction and Zoning for the fire pit. A member of the public submitted a complaint regarding the fire pit, and Applicant Gernitis was requested to stop work. The gas line to the fire pit has not been connected. Attorney Belasco stated there is nothing in the ordinances about fire pits. He shared that the patio was built 11% larger than approved due to an error by a masonry contractor, so variances are sought for the space between the edge of the retaining wall and the landscape buffer. Architect Ross and Applicant Gernitis were sworn in by Solicitor King. Engineer Hurless remained under oath. Architect Ross was accepted as an expert by Chairperson Hutchinson. Applicant Gernitis explained it was discovered the patio was built larger than permitted when the as built survey was reviewed and no additional outdoor seats are being requested. Applicant Gernitis explained what occurred after he added the fire pit and was advised by the Zoning Officer there was a complaint regarding the fire pit. Applicant Gernitis promised the Construction Official and City Manager that he would not hook up the fire pit, and the fire pit has never been turned on. Board members were allotted time for questions of Applicant Gernitis. Chairperson Hutchinson asked if he has been serving dinner outside, and Applicant Gernitis replied that they have not due to lack of help. Member McDade asked for the food service hours, and Applicant Gernitis replied 5:00 PM to 10:00 PM in the summer. He added that the outdoor area gives guests another place to sit among beautiful landscaping and ocean sounds. Member McDade asked about the fire pit shutoffs being in a very public location, and Applicant Gernitis replied that anyone can turn off the fire pit but not turn it on. Member Notch asked if the Historic Preservation Commission (HPC) approved the fire pit, and the response was no. There was a brief discussion on the HPC process. Member Ledwin asked Engineer Hurless if the project complied so far. Engineer Hurless said the plan complied as no fire pit was shown on it and, except for size and the fire pit, everything else complied. He said no final inspection has been done. Member Ledwin asked who added the fire pit. Applicant Gernitis said he asked the contractor to add the fire pit to the plan and did not try to hide anything. Architect Ross stated the contractor was not careful, and the fire pit is 15.3 feet off of Trenton Avenue with need for relief for 4.9 feet and 24.5 feet off of Beach Avenue with no relief needed. He added the wall at less than two feet high does not encroach and has no impact on the sight triangle. He said there is no substantial detriment to the public good and no impairment on the zone plan. He believed the changes are de minimus to the site plan and the site can accommodate the expansion of the non-conforming use. He added the project promotes free air and light and is aesthetically pleasing. City of Cape May Zoning Board of Adjustment Meeting Minutes, August 25, 2022 Page 3 Board members were allotted time for questions of Architect Ross. Engineer Hurless then presented his memorandum dated July 27, 2021. Engineer Hurless described his completeness review and the variances required in detail including accessory use limited to 25% but existing non-conforming use being expanded minimally. The General Review Comments 1-6 were reviewed and explained in detail with all items being classified as conditions of approval. There was discussion on outdoor seating limited to no more than 44 outdoor seats with the applicant agreeing to a maximum of 34 outdoor restaurant seats for dining. Engineer Hurless asked for a seating plan to be submitted as a condition of approval, and the applicant agreed. Engineer Hurless said the fire pit use is a less intense use. Engineer Hurless advised the Fire Department had comments in their report regarding fire pit shut offs to be at the unit and the main building and clearly marked, and Public Works Department and Shade Tree Commission approved the project with no conditions. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public at 7:23 PM and closed at 7:23 PM with no public coming forward to comment. Solicitor King explained to the Board that the vote including the vote for the “D” variance (expansion of non-conforming use) requires five out of seven yes votes to carry. He described the number of outdoor restaurant seats decreased as being a less intensified non-conforming use than what has been approved, and the public did not object to the eleven additional inches on the patio as having a negative impact. Engineer Hurless said floor area ratio is not an issue and lot coverage is permitted at 75% with 55.9% proposed, which is not intense. Motion was made by Mr. Murray for amended site plan approval, preliminary and final, C-2 variance for the eleven-inch deviation and expansion of non-conforming use, because the patio is eleven inches larger or because consider fire pit an intensification of non- conforming use, subject to all conditions of approval discussed at the meeting and listed in the Board Engineer memorandum, by Craig Hurless, dated July 27, 2022, seconded by Mrs. McDade and did not carry 4-3. Those in favor: Ms. Hesel, Mrs. McDade, Mr. Murray, Mrs. Hutchinson. Those opposed: Mr. Ledwin, Mrs. Notch, Mr. Walsh. Those abstaining: None. Member Hesel thanked Applicant Gernitis for his frankness and honesty. Member Walsh said the fire pit is a structure and is too close to the side setback with concern for the future that the fire pit could become another structure, such as a pizza oven. Member Notch agreed with Member Walsh. Motion made by Mr. Murray to adjourn the meeting at 7:34 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, August 25, 2022 Page 4