08-26-2021 Zoning Board Meeting - Auditorium

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, August 26, 2021 Opening: The in-person meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Diane Hutchinson at 6:03 PM. 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. Van de Vaarst Present Mrs. Lukens Absent Mr. Ledwin Present Mrs. Nelson (Alt. 1) Present Mrs. Notch (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 22, 2021, seconded by Mr. Van de Vaarst and carried 7-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mr. Ledwin, Mrs. Nelson, Mrs. Notch, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Resolution(s): Motion was made by Ms. Hesel to adopt Resolution number 08-26-2021: 1, Gray, 306 Congress Street, seconded by Mrs. Nelson and carried 7-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mr. Ledwin, Mrs. Nelson, Mrs. Notch, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Application(s): John & Judith Ritz 1603 New Jersey Avenue Block 1186, Lot(s) 18.02 & 19 Solicitor King announced that this applicant has requested an adjournment to the September 23, 2021 meeting. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- August 26, 2021 -- Page 1 Kevin Black 912 Corgie Street Block 1090, Lot(s) 21 Attorney Robert Belasco presented this application with Owner Kevin Black and Architect Pamela Fine. Attorney Barnes described the application for HVAC on a raised platform and the property as a one and a half story structure with parking for one vehicle on site. He shared that the Historic Preservation Commission has approved the project. Owner Black, Architect Fine and Board Engineer Craig Hurless were sworn in by Board Solicitor Richard King for the record. Owner Gray explained that he has owned the property for a year and has been using four to five window air conditioning units. He said they converted their oil heating system to gas and now want to add central air conditioning. Their contractor found that the best location for the new unit is on the right side of the property as the left side of the property is where the parking is located. He shared that he contacted his neighbors, and they do not object to the location of the unit. Board members were allotted time for questions of Owner Gray. Engineer Sciullo provided his background for the Board and was accepted as an expert by the Board. He showed the Variance Plan sheet that was included in the application and said that the application qualifies for C-1 and C-2 variances because it advances health, safety and welfare, the window units will be removed and the positives outweigh any negatives. The Board was allotted time for questions of Engineer Sciullo. Attorney Barnes noted that the Shade Tree Commission approved the project in their report dated July 21, 2021 with one comment that the front street tree is to remain, which the applicant accepted as a condition of approval. He also noted that the Fire Department approved the project in their report dated June 30, 2021. Board Engineer Hurless then summarized his report dated May 28, 2021. He said this is a nonconforming structure on a nonconforming lot and there is nowhere else to put the air conditioning except on the roof. He explained that the lot coverage will be increased to 65.4% from 64.8% and that the project must meet the City’s Chapter 258 Flood Damage Protection requirements and all other conditions of approval listed in the General Review Comments of his report. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within 200 feet and beyond at 6:28 PM and closed with no public coming forward to comment. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- August 26, 2021 -- Page 2 Board Solicitor King explained the vote to the Board. Motion made by Mr. Ledwin to grant the variances requested 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 May 28, 2021, seconded by Mr. Murray and carried 7-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mr. Ledwin, Mrs. Nelson, Mrs. Notch, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Cape May Sea Glass Properties LLC 933 Beach Avenue Block 1081 Lot(s) 16 Solicitor King announced that he is permitting a member of the public with a hardship to read a statement after the applicants’ opening statement with the consent of Attorney Catanese. Attorney Andrew Catanese introduced Applicants Bonnie and Sean Wilhelm for Cape May Sea Glass Properties LLC, Project Designer Adam Crossland and Engineer and Plannner Dave Scheidegg. He described the property as an existing multi-family use structure with front and back buildings and the proposal to retain the multi-family use and reduce the number of units from eleven to seven, remove a left side addition, comply with the Flood Damage Protection Ordinance and a rear building addition. Attorney Catanese said the project will comply with the Historic Preservation Commission (HPC) design standards. He added requests of expansion of nonconforming use, the side yard setback to the main house and the rear yard setback to allow a widow’s walk on the rear building. Attorney Catanese shared that the property is on cribbing with a permit. He clarified that the front building is not at the proposed location. Solicitor King advised the Board to view the application based on where it sat a year ago with the elevating of the structure as irrelevant and to make their determination based on existing zoning standards. Discussion was opened to the public at 6:39 PM as was previously announced by Solicitor King for this speaker. Anita Fennerty, 1001 Beach Avenue, was sworn in by Solicitor King and shared that she has a personal caretaking responsibility that makes it impossible to remain at the meeting. She said her family has owned the property since 1939 and are opposed to the application. She expressed concern with the number of variances sought and the disruption of the existing streetscape. Discussion was closed to the public at 6:49 PM. Owners Bonnie and Sean Wilhelm, Project Designer Crossland and Engineer Scheidegg were sworn in by Board Solicitor Richard King for the record. Designer Crossland did not testify as an expert, rather as a draftsman. He described Exhibit A- 1, which includes Sheets A-1 through Z-8. He said the existing Floor Area Ratio (FAR) plans (Sheet Z-3) and highlighted areas that are proposed to be removed. He showed the proposed ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- August 26, 2021 -- Page 3 conditions (Sheet Z-1) to move forward two feet and elevate the front building 2.8 feet to retain the drive lane below the building with no parking under the building per the HPC. Designer Crossland described the existing and proposed elevations (Sheet Z-4), existing FAR and elevations (Sheet Z-6) and the proposed plans and proposed FAR plan (Sheet Z-7). Exhibit A-2 – City of Cape May Zoning Permit with Sheets ZP-1, ZP-2 and ZP-3, Exhibit A-3 – Emails to and from the City Floodplain Manager, Exhibit A-4 historic Property Report, and Exhibit A-5 City of Cape May Certificate of Zoning Compliance were presented and discussed. Attorney Catanese said the picture # 1 in the application package shows the existing depressed driveway, to the rear building and parking, must be elevated to meet the adjacent property and that the house must be lifted for access to the rear. Engineer Hurless said the property already meets the flood code at 11.4 feet, and Attorney Catanese said the lack of parking and the HPC wanting the structure as low as possible being the issues. The applicants are proposing 14.17 feet elevation, which Engineer Hurless said is over 3.17 feet over the minimum creating a light, air and open space issue. At 7:17 PM, the meeting was paused while Solicitor King and Engineer Hurless stepped away for a brief conference. The meeting resumed at 7:19 PM. Board members were allotted time for questions of Designer Crossland. Chairperson Hutchinson asked why the historic rating changed, and it was determined it was due to the extensive alterations in the 1930s, 1940s and 1950. Designer Crossland showed the portions being removed by marking them on the plan sheet. Engineer Scheidegg presented his credentials and was accepted as an expert by the Board. Engineer Scheidegg gave a history of the construction and additions to the property and said it exists as a pre-existing non-conforming use. He described Sheets 1 and 2 and said twenty-two parking spaces are required currently with fourteen required in the proposed design. He said they are increasing the available parking from three to four spaces plus two on-street parking spaces will be added. Engineer Scheidegg said the units will decrease from eleven to seven with the bedrooms decreasing from twenty-one to eighteen. He said other positives are the increase of the front yard setback from 41.7 feet to 44 feet making it more aligned with neighboring properties, the left side setback increasing from 1.4 feet to 1.8 feet and the decrease of the FAR from 0.954 to 0.898. Engineer Scheidegg said the purposes of zoning are advanced by the application as related to health, safety and welfare by bringing reinvestment to the aging property, upgrade of mechanicals safe from flooding, replacement of stairs with new and light, air and open space by removing the addition and improving the setback. He went on to say that the project provides a desirable visual effect by bringing the home in line with the historical character and preserves a historical site. He added that the benefits outweigh any detriments and do not negatively impact the zone plan or zoning ordinance. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- August 26, 2021 -- Page 4 There was a discussion on habitable space with the conclusion that there is a 600 square feet decrease in the floor area of habitable space. Board members were allotted time for questions of Engineer Scheidegg. Chairperson Hutchinson asked about the front parking that has occurred in the past. Attorney Catanese replied that there is a reduction in the parking requirement but still deficient. He added that the HPC does not permit parking in the front of the house nor under the house. Member Nelson said she is uncomfortable with four parking spaces. Attorney Catanese said the parking has been improved by eight spaces plus two street spaces from existing. Attorney Charles Sandman, representing Richard Crossen, 915 Beach Avenue, asked about the habitable space calculation from 5,288 square feet to 6,874 square feet, as shown on Sheet Z-2. It was determined that the FAR of the front building will increase from 6,616 square feet to 6,874 square feet and the rear building FAR is being reduced from 1,943 square feet to 1,175 square feet. A short break was taken at 8:25 PM. The meeting resumed at 8:33 PM. Board Engineer Hurless then summarized his report dated June 18, 2021. He described his completeness review, comments for variances and general review comments 1-16 in detail. He said current zoning only allows one principle building, so a use variance is required. Engineer Hurless said that a variance for retaining wall height is also required and that the information on the rear building height to be 24.77 feet has been provided. Engineer Scheidegg confirmed that the drive aisle is a sufficient width for two-way traffic. Engineer Hurless encouraged enhancement to the front yard landscaping plan to create an additional barrier to front yard parking, and the applicant agreed. He noted that the Shade Tree Commission approved the application with no comments in their report dated July 8, 2021, and the Fire Department approved the project in their report dated June 30, 2021. Engineer Hurless said the applicant is going to move the structure back so there is more light, air and open space and feels this is a better zoning alternative and the best location on the lot. The applicant agreed to the conditions of approval. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within 200 feet at 8:55 PM. Attorney Charles Sandman, representing Richard Crossen of 915 Beach Avenue, shared other areas of concern including moving the building forward two feet, the height increase, deficiency of parking, and the retaining wall. Anne Brawner Peabody, 937 Beach Avenue was sworn in by Solicitor King and said she does not like the squaring off of the rear building. She said it will impact the light, air and open ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- August 26, 2021 -- Page 5 space, and the third floor grill area puts an open flame nine feet from a child’s bedroom. She added that security lights go into their kitchen, and she wants them moved. Amy Crossed, 915 Beach Avenue was sworn in by Solicitor King and found the height of the home to be problematic. Discussion was opened to the public beyond 200 feet at 9:13 PM. Jules Rauch, 1010 New York Avenue, was sworn in by Solicitor King and commented that the use could be changed to condominiums which are a more intense use. He agreed with other members of the public regarding the height issue and hoped it could be adjusted. Discussion was closed to the public at 9:35 PM. There was a discussion by the Board regarding the public’s comments and parking under the structure. The Board expressed their strong preference for parking under the front building, believes that it will not set a bad precedent and will make it a condition of approval. Solicitor King explained the vote to the Board. Motion made by Mr. Murray to grant preliminary and final site plan approval with associated variances 1-9 listed in the Engineer’s memorandum, subject to all waivers and conditions of approval discussed at the hearing, including no conversion to condominiums, no grill on the deck, muted lighting, and four (4) parking spaces, if feasible, under the front building, and outlined in the review memorandum from Board Engineer Craig R. Hurless, PE, PP, CME, dated June 18, 2021, seconded by Mrs. Nelson and carried 5-2. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mrs. Nelson, Mr. Murray, Mrs. Hutchinson. Those opposed: Mr. Ledwin, Mrs. Notch. Those abstaining: None. Members gave their reasons for their votes. Motion made by Mrs. Nelson to adjourn the meeting at 10:16 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- August 26, 2021 -- Page 6