09/22/2022 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, September 22, 2022 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Diane Hutchinson at 6:03 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 Present Mr. Walsh Absent 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 August 25, 2022, seconded by Mrs. Notch and carried 6-0. Those in favor: Ms. Hesel, Mr. Ledwin, Mrs. Notch, Mr. Venuto, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mrs. Werner. Resolutions: Motion made by Mrs. Werner to adopt Resolution number 09-22-2022: 1, Cape May Sea Glass Properties, LLC, 933 Beach Avenue, seconded by Ms. Hesel and carried 6-0. Those in favor: Ms. Hesel, Mr. Ledwin, Mrs. Notch, Mr. Venuto, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mrs. Werner. Motion made by Mr. Murray to adopt Resolution number 09-22-2022: 2, Cape CJ, LLC, 1301 Beach Avenue, seconded by Mrs. Werner and carried 4-0. Those in favor: Ms. Hesel, Mr. Venuto, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mrs. Werner, Mr. Ledwin, Mrs. Notch. City of Cape May Zoning Board of Adjustment Meeting Minutes, September 22, 2022 Page 1 Application(s): Connor & Alex McMahan 20 Second Avenue, Block 1012, Lot(s) 5 Solicitor King announced this application to be adjourned to the November 17, 2022 meeting with no further notice being required. Yacht Harbor Marine, LLC 1505 Yacht Avenue, Block 1160, Lot(s) 6, 6.01 & 7 Attorney Andrew Catanese introduced Owner William Clinger representing Yacht Harbor Marine, LLC, Architect and Engineer John Halbruner and Engineer Brian Murphy. Attorney Catanese described the property as an irregularly-shaped waterfront corner lot that has been used as a marina with an historic single family home to remain on the site. He explained the application is for preliminary and final site approval with associated variances to add seven additional units. Architect Halbruner presented his credentials and was accepted as an expert in architecture, engineering and planning by Chairperson Hutchinson and was sworn in by Solicitor King along with Owner Clinger, Engineer Murphy and Board Engineer Craig Hurless. Engineer Murphy was accepted as an expert by Chairperson Hutchinson. The following exhibits were presented at the meeting: A-1 Yacht Harbor Marine Townhouses – Washington Street and Yacht Avenue Views A-2 Yacht Harbor Marine Townhouses – Aerial View and Yacht Avenue View A-3 City of Cape May Historic Preservation Commission Minutes – May 16 2022 A-4 Yacht Harbor Cape May City Aerial Provided by EagleView dated March 2022 A-5 Site Plan Block 1160 Lot(s) 6, 6.01 & 7 Dated 9/9/20 Revisions 9/28/21, 1/8/21 and 11/25/20 A-6 Aerial Photo of Devil’s Reach Marina Condominium 02/11/2022 A-7 Aerial Photo of Victoria Harbor Condominium 02/11/2022 A-8 Aerial Photo of 1507 Yacht Avenue undated A-9 Aerial Photo of 1488 Washington Street 02/11/2022 Architect Halbruner described the Exhibits A-1 and A-2 which are renderings of the two attached buildings for dwellings of three units in one building and four units in the second building. The three-story units are approximately 2,300 square feet each. He shared the goal was to maximize the views plus move the units away from Washington Street for visual purposes for people as they leave the City. He added that the three-feet eaves trigger the need for setbacks and are approved by the Historic Preservation Commission (HPC). Attorney Catanese said the HPC has reviewed the project, conditionally approved it, and encouraged the Zoning Board to approve the small encroachment for the eaves. Architect Halbruner said the project promotes the Historic District, promotes light, air and open space and creates a positive visual environment plus a safer ingress and egress design. Board members were allotted time for questions of Architect Halbruner. City of Cape May Zoning Board of Adjustment Meeting Minutes, September 22, 2022 Page 2 Member Venuto asked why propose the multi-family units and how are there so many multi- family units in the vicinity. Attorney Catanese replied he did not know how the multi-family units came to be and shared that a four-unit development was recently approved by the Planning Board across the street at 1404 Washington Street. Engineer Murphy provided background on the property with Applicant Clinger purchasing the property about twenty years ago and beginning the process of obtaining approval from the New Jersey Department of Environmental Protection (DEP) for Coastal Area Facility Review Act (CAFRA) in 2010 and receiving approval in 2021. He referred the Board to the site plan and Sheet SP-1 that are included in the application packets and Exhibit A-4 the aerial photo of the site and surrounding neighborhood. Engineer Murphy stated the single family home and mechanical building on the site have been restored and preserved with parking for each unit to be two spaces with one inside the structure and one outside. He said the DEP wants a community marina of small boats and felt twenty slips to be appropriate for this project in the R-5 zone and also the Harbor Overlay zone. Exhibit A-5 was described with the marina layout of twenty slips: eight will be assigned to the owner units of the property and twelve will be available for lease to the public. Chairperson Hutchinson asked about the operations at the property. Owner Clinger said a marina is not operating today; the site is being used for overflow parking for friends when the water is high. Engineer Murphy added there are minimal docks presently with new bulkheads recently installed, dredging done, fuel dock storage tanks removed with a No Further Action (NFA) letter received, and the area is safe now. He said the property meets the definition of a marina, but a low intensity, neighborhood marina with a bath house, which will replace the mechanical building, per the DEP requirement. Engineer Murphy said the density conforms and more units could be permitted at the site, but the project proposes a courtyard with views of water and Devil’s Reach Marina Condo which has sixteen units of 1,280 square feet each, 20,000 square feet ground area. He referred to Exhibits A-6, A-7, A-8 and A-9 which are photos of Devil’s Reach Marina Condominiums, Victoria Harbor Condominiums, 1507 Yacht Avenue and 1488 Washington Street and also nearby property 1404 Washington Street. Engineer Hurless advised that 1505 Yacht Avenue is not in the same zone as 1404 Washington Street. Engineer Murphy described Yacht Avenue as a low pedestrian street with a speed limit of ten miles per hour and very little water views, not a thoroughfare nor a tourist destination and parking as back out or no parking with the DEP wanting parking for the neighbors. He believes the parking to be safe. He said the existing historic structure is to remain, there is no impact on crowding, the zone permits duplexes by right and three duplexes could be constructed, so the application is a better zoning alternative. He added there are no sidewalks on Yacht Avenue currently and the existing driveway to Washington Street is to be removed per the plan. Chairperson Hutchinson asked about parking for the slips leased to the public, and Attorney Catanese said .6 parking space is allotted per boat slip with the inability to assign spaces with the total project requiring twenty-four parking spaces that does not agree with Engineer Hurless’ report indicating twenty-eight parking spaces being required; however, the application indicates twenty-eight spaces are planned at the site. The grading of the site and the DEP flood hazard City of Cape May Zoning Board of Adjustment Meeting Minutes, September 22, 2022 Page 3 requirements were discussed with the courtyard to have a higher elevation for flood protection with runoff from the roof and grass to be directed to the waterway. Variances sought were reviewed by Engineer Murphy, including C-1, C-2 and D variances with reasons to grant as follows: hardship due to odd shape of the lot with two frontages and a waterfront frontage, the project advances the purposes of zoning, promotes safety by providing flood mitigation, advances light, air and open space with less density than could be permitted if subdivided, views on Yacht Avenue are maintained, uses are a benefit to the community, better traffic, promotes the Historic District, promotes safety, preserves the neighborhood character, the site is well suited to the use, the benefits outweigh any detriments, no negative impact on the zone plan and zoning ordinance Engineer Hurless said twenty-eight parking spaces are required, and twenty-eight parking spaces have been shown on the plan. He added they actually are credited with twenty-nine parking spaces, as one of the spaces will be an electric vehicle parking space. Board members were allotted time for questions of Engineer Murphy. Member Ledwin asked about parking at the site. Engineer Murphy and Attorney Catanese explained the proposed parking provides more parking spaces than are required. Members Ledwin and Notch expressed concern about parking. Attorney Catanese said there is no launch nor trailers proposed at the site. Chairperson Hutchinson asked about parking for the existing single family home, and Attorney Catanese said the parking for the single family home will be reconfigured. Member Werner asked for the parking material with the reply being pavers and asphalt. Engineer Hurless then summarized his memorandum dated September 7, 2022 including his completeness review and the affordability housing requirement to be satisfied at a location off- site within the City of Cape May plus payment for the required 0.4 fractional share. He supported the waiver for the easement to be included with the application, but a ten-foot public easement for the internal sidewalk to be required as a condition of approval with no objection of Attorney Catanese. Additionally, the right of way on Yacht Avenue was confirmed by Engineer Murphy to have been cleaned up. The General Review Comments for Variances 1-11 and for Design Waivers were reviewed and explained. The General Review Comments 1-19 were reviewed and explained in detail with all items being classified as conditions of approval. Attorney Catanese said a condominium association will be formed to maintain the development. Engineer Hurless advised the Shade Tree Commission approved the project with no conditions in their report received August 9, 2022. Fire Department had approved the application, in their report dated August 4, 2022, with the condition that no parking signs to be placed in the access drive to ensure adequate emergency vehicle access, and Public Works approved the application to extend the curb cut via their report dated August 5, 2022. He went on to say the HPC approved the project conceptually on May 16, 2022 with evidence of final approval being required. City of Cape May Zoning Board of Adjustment Meeting Minutes, September 22, 2022 Page 4 Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within 200 feet at 8:11 PM. Richard Hollawell, 1512 Yacht Avenue, was sworn in by Solicitor King and said his property is directly across the street of the site. He feels Yacht Avenue is dangerously narrow, and he is concerned about the bend, two-way traffic and the additional boat slips during summer. He is not for back out parking and the two parking spots at the bend. Carl DePativo, 1515 Yacht Avenue, was sworn in by Solicitor King and expressed concern about flooding on Washington Avenue in addition to the lack of drivers complying with the ten mile per hour speed limit. He is in favor of the proposed walkway. Joe Ross, 1513 Yacht Avenue, Cape May and 63 Holding Road, Bridgeton, New Jersey, was sworn in by Solicitor King. He disclosed that he is an architect, and Applicant Clinger is a former client. He spoke as a private citizen and nearby owner. He spoke in support of the application and described his own difficulty finding parking near his residence. Discussion was opened to the public beyond 200 feet at 8:25 PM. Frank Antenucci, 1488 Washington Street, was sworn in by Solicitor King and spoke in support of the application which he feels will be an area improvement while adding safety with the addition of the sidewalks. Discussion was closed to the public at 8:27 PM. Board members were allotted time for additional questions. Member Werner asked if a renter of a slip can park at the site twenty-four hours a day, and Attorney Catanese replied that the application is not proposed to be a public parking lot. Attorney Catanese made a closing statement. Solicitor King explained the vote to the Board including zoning alternatives. Motion was made by Mr. Murray to grant preliminary and final site plan approval, with associated variances 1-11 as listed on page 5 of the review memorandum, from Board Engineer Craig R. Hurless, PE, PP, CME, dated September 7, 2022, subject to waivers and conditions as outlined by the Board Engineer in his memorandum dated September 7, 2022 and testimony including the internal sidewalk easement, 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 September 7, 2022, seconded by Mrs. Werner and carried 6-1. Those in favor: Mrs. Werner, Ms. Hesel, Mrs. Notch, Mr. Venuto, Mr. Murray, Mrs. Hutchinson. Those opposed: Mr. Ledwin. Those abstaining: None. City of Cape May Zoning Board of Adjustment Meeting Minutes, September 22, 2022 Page 5 Board members gave reasons for their votes. Ms. Hesel said the decision was difficult. Mrs. Werner relied on the testimony to decide her vote. Mr. Venuto said the site will be an asset to the City. Vice Chairperson Murray said the applicant met the burden, and the design was well done. Chairperson Hutchinson agreed with the others members’ comments and congratulated the applicant on the design. Motion made by Mrs. Werner to adjourn the meeting at 8:40 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, September 22, 2022 Page 6