09/26/2024 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, September 26, 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 Absent Ms. Sheehan Present Mr. Walsh Present Mr. Zektzer Present Mr. Bodnar (Alt. 1) Present Ms. Stevenson (Alt. 2) Present Also Present: Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer Justin Riggs, Deputy City Manager for Karen Keenan, Board Assistant Oath of Office: New member Sarah Stevenson took the Oath of Office as administered by Board Solicitor King and was welcomed to the board by the members. Minutes: Motion made by Ms. Sheehan to adopt the meeting minutes of August 22, 2024, seconded by Mr. Ledwin and carried 6-0. Those in favor: Mr. Ledwin, Mr. Zektzer, Mr. Walsh, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Ms. Sheehan. Resolution(s): Motion made by Mr. Bodnar to adopt Resolution number 09-26-2024: 1, Donna and John Doherty, 211 Grant Street, seconded by Ms. Sheehan and carried 6-0. Those in favor: Mr. Ledwin, Ms. Sheehan, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mr. Walsh. Motion made by Mr. Bodnar to adopt Resolution number 09-26-2024: 1, James and Carol Raimo, 266 Grant Street, seconded by Ms. Sheehan and carried 4-0. Those in favor: Mr. Ledwin, Mr. Zektzer, Mr. Bodnar, Mr. Venuto. Those opposed: None. Those abstaining: Ms. Sheehan, Mr. Walsh, Mrs. Werner. City of Cape May Zoning Board of Adjustment Meeting Minutes, September 26, 2024 Page 1 Application(s): Timothy Little 925 Benton Avenue, Block 1085, Lot(s) 12 & 13 Owner Timothy Little, an attorney, introduced the application for hardship and substantial benefit variances for existing non-conformities for a proposed larger deck and new pergola in addition to replacing the roof, windows and siding. Owner Little, Architect Jason Neal of J. Neal Design and Board Engineer Craig Hurless were sworn in by Solicitor King. Architect Neal presented his credentials and was accepted as an expert in architecture by Chairperson Werner. Architect Neal described the 1950s home as a beach cottage that has mold. He described the project to make the home function better in regard to rainwater. He said the design will promote desirable visual improvements and better drainage at the property. Engineer Hurless said the new deck will have the same setback as the existing, except on Queen Street which is proposed to be 9’1” versus 15 feet existing but will be reconfigured. Board members were allotted time for questions of Architect Neal and Fine and Owner Little. Member Sheehan asked about the setbacks, and Engineer Hurless clarified that detached garages have different setback requirements than principal structures The rear yard setback in Engineer Hurless’ memorandum was changed to 36’8” proposed from 33’ originally listed as proposed. The building setback lines to Benton Avenue and Queen Street were clarified to be 2’8” for Benton Avenue and 9’1” for Queen Street. Engineer Hurless then summarized his memorandum dated June 20, 2024. He described his completeness review and the waivers he supported. He summarized the details of the lot size, Benton Avenue and Queen Street building setback variances requested. The General Review Comments 1-11 were reviewed and explained in detail with all items being classified as conditions of approval. Engineer Hurless advised the Fire and Public Works Departments recommended approval of the project in their reports dated June 24, 2024 and June 21, 2024, respectively. Shade Tree Commission recommended approval of the project in the report dated June 27, 2024 with the condition that a construction barrier should be installed around the tree adjacent to the garage if garage improvements are to be made. Applicant Little stated he will put a barrier around the tree. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within two hundred feet and beyond at 7:01 PM with no public coming forward to comment. Solicitor King explained the vote to the board. City of Cape May Zoning Board of Adjustment Meeting Minutes, September 26, 2024 Page 2 Motion was made by Mr. Venuto to grant the variances for §525-16.1B(1) Table 1 Lot Size, §525-16.1B(1) Table 1 Building Setback – Benton Avenue, and §525-16.1B(1) Table 1 Building Setback – Queen Street, subject to conditions 1-11, as outlined on pages three and four in the June 20, 2024 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, and subject to all conditions discussed at the hearing, seconded by Ms. Sheehan and carried 7-0. Those in favor: Mr. Ledwin, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Michael Wood 413 Broadway, Block 1032, Lot(s) 1 Attorney Christopher Baylinson of Perskie Mairone Brog Barrera & Baylinson PC introduced the application for amended preliminary and final site plan approval and hardship, substantial benefit and use variances for a proposed fire suppression enclosure and storage area. Owner Michael Wood and Architect Joe Courter were sworn in by Solicitor King for the record. Board Engineer Craig Hurless remained under oath. Architect Courter presented his credentials and was accepted as an expert by Chairperson Werner. Architect Courter shared the reason for the application is the requirement to put in a commercial sprinkler system due to code. Due to configuration of the interior of the structure, the system had to be accessed from the outside requiring heat to protect the system. Architect Courter distributed and described Exhibit A, a packet of photographs of current conditions at the property. He testified the building will look better from Broadway, and the building will be safer. He said the site can accommodate the change. Board members were allotted time for questions. Member Sheehan asked for clarification of mixed use at the property, and Engineer Hurless explained the property uses are one apartment over the restaurant use. Attorney Baylinson said no one has rented the apartment to date. Engineer Hurless then summarized his memorandum dated June 25, 2024 including his completeness review with the waivers he supported and his comments on the two variances required including a variance for expansion of non-conforming use and building setback line – Broadway. The General Review Comments 1-14 were reviewed and explained in detail with all items classified as conditions of approval. Engineer Hurless advised the Fire Department, Public Works Department and Shade Tree Commission approved the project with no conditions in their reports of July 10, 2024, July 10, 2024, and August 13, 2024 respectively Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within two hundred feet and beyond at 7:33 PM with no public coming forward to comment. Solicitor King explained the vote to the Board including the use variance requiring five of seven positive votes to carry. City of Cape May Zoning Board of Adjustment Meeting Minutes, September 26, 2024 Page 3 Motion was made by Ms. Sheehan to grant site plan, preliminary & final – amended, §525-15A use (expansion of non-conforming use) variance and §525-15B(1) table 1 building setback line – Broadway variance, subject to conditions 1-14, as outlined on pages six and seven in the June 25, 2024 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, including specifically condition number two that no habitable space to be permitted in the new enclosed space, which is to be for storage only and not for use by patrons of the hotel and/or the residential unit as acknowledged by the applicant, and subject to all conditions discussed at the hearing, seconded by Mr. Zektzer and carried 7-0. Those in favor: Mr. Ledwin, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Oceanfront Properties LLC 1045 Beach Avenue, Block 1101, Lot(s) 7, 8 & 9 Attorney John Amenhauser of DeWeese Law Firm introduced the application for this property, known as the Grand Hotel, seeking preliminary and final site plan approval and hardship, substantial benefit and use variances to build a lounge area for use by hotel guests only. Attorney Amenhauser introduced Architect Jerry Blackman of OSK Design Partners and Robert Belanson of Oceanfront Properties. Architect Blackman and Mr. Belanson were sworn in by Solicitor King for the record. Board Engineer Craig Hurless remained under oath. Architect Blackman gave a history of the property and recent construction at the site. He referred to Exhibit A-1, a photo of the existing condition at the area where construction occurred without site plan approval. Engineer Hurless corrected the lot coverage percentage to 83.8% existing and 85.2% proposed. Architect Blackman said the area was roped off when it was known that they need board approval for the improvements. Architect Blackman said the existing artificial turf is to be removed and replaced with pavers plus the applicant agreed to make changes to ensure that only hotel guests have access to the area. He said the expansion of the accessory uses is consistent with the prior use, and the pool is not open after dark. Architect Blackman explained that two parking spaces have been added to increase the spaces from 166 to 168 spaces. He said the project advances the purpose of a desirable visual environment by adding pavers, fire pits and lighting. Architect Blackman thought the increase in coverage to be de minimus. He said there is no negative impact on the zone plan nor the zoning ordinance. Mr. Belanson testified the fire pit cannot be seen from the sidewalk, and flooding has been reduced in the area by the work done by the county on Beach Avenue. He said there are to be 56 new seats in the lounge area. Mr. Belanson agreed to add stormwater drainage that should be installed in the lounge area at the suggestion of Engineer Hurless, who thought storm water draining should be installed in the lounge area. Board members were allotted time for questions. Chairperson Werner asked about food in the area. Mr. Belanson said there will be no food service in the area. Guests can bring food to consume there, but there will be no waitstaff taking orders for food in the area. City of Cape May Zoning Board of Adjustment Meeting Minutes, September 26, 2024 Page 4 Engineer Hurless then summarized his memorandum dated May 20, 2024. He described his completeness review and the waivers he supported. Engineer Hurless listed and made comments on the variances sought for use, building setback, lot coverage, parking setbacks, number of parking spaces and parking buffer. The General Review Comments 1-15 were reviewed and explained in detail with all items being classified as conditions of approval. Engineer Hurless advised the Fire and Public Works Departments recommended approval of the project with no conditions/comments in their reports dated May 24, 2024 and May 23, 2024, respectively. The Shade Tree Commission recommended approval with the recommendation that a few deciduous shade or pine trees be placed in the location. Engineer Hurless also confirmed the Historic Preservation Commission granted conceptual approval in their report dated July 15, 2024 on the condition that the artificial turf be removed. The applicant agreed to comply with the conditions. The board would like the Shade Tree Commission to provide more clarity in their reports. Board members were allotted time for questions. Vice Chairperson Venuto asked about the proposed seating. Mr. Belanson explained that the lounge area would be capped at 56 people at a time. Discussion was opened to the public within two hundred feet and beyond at 8:18 PM. Wayne Keyser, 1027 New Jersey Avenue, was sworn in by Solicitor King. He objected to the work being done prior to receiving approval. He felt there is not enough parking for the hotel and is concerned about flooding. Fred Lachat, 1033 New Jersey Avenue, was sworn in by Solicitor King. He objected to the application and agreed with Mr. Keyser. Julius Rauch, 1010 New York Avenue, was sworn in by Solicitor King. He expressed concern about music playing near the pool and about parking. Elizabeth Hyde, 1007 New Jersey Avenue, was sworn in by Solicitor King. Ms. Hyde agreed with Mr. Keyser and expressed concern about parking. She spoke in objection to the application. Martin Van Walsum, 329 Congress Street, was sworn in by Solicitor King and objected to the application. Discussion was closed to the public at 8:38 PM. Solicitor King explained the vote to the board. Motion was made by Mr. Walsh to grant approval for site plan, preliminary and final, §525- 24A(2)(g) use/accessory use >25% variance, §525-24B(1) table 1 building setback-accessory outdoor lounge variance, §525-24B(2) lot coverage variance, §525-60E(6) parking setbacks variance, §525-49C parking number variance and §525-49B(1) parking buffer variance subject to conditions 1-15, as outlined in page six of seven and the waivers listed in the May 20, 2024 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, and subject to City of Cape May Zoning Board of Adjustment Meeting Minutes, September 26, 2024 Page 5 all conditions discussed at the hearing, seconded by Ms. Sheehan and did not carry 0-7. Those in favor: None. Those opposed: Mr. Ledwin, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those abstaining: None. Members gave reasons for their votes. Member Sheehan felt the parameters set by the city are for the betterment of the community and for enjoyment by neighbors and the application is beyond the set parameters. Member Walsh agreed with Ms. Sheehan and said there are rules for lot coverage and accessory use in place to control development of properties, and he expressed concern about light, air and open space if the tables, chairs and fire pits were approved. Member Zektzer agreed with the other members’ comments, especially about the adverse impacts on the community, and expressed concern that the project was done two years ago. Member Bodnar said the application is no small change for the property, the buffer is not adequate for the intense use and sound of activity for the area and the neighbors. He found the property to be built out regarding lot coverage. Vice Chairperson Venuto and Chairperson Werner agreed with other members and said it would be extremely difficult to enforce the use if approved. There was a brief discussion on the voting on the parking variances. Motion was made by Mr. Ledwin to grant approval for §525-60E(6) parking setbacks variance, §525-49C parking number variance and §525-49B(1) parking buffer variance subject to applicable conditions, as outlined 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 Mr. Venuto and carried 7-0. Those in favor: Mr. Ledwin, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Discussion: Payment of Bills Motion made by Mr. Ledwin to approve the payment of bills, seconded by Ms. Sheehan and carried 7-0. Those in favor: Mr. Ledwin, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Motion made by Mr. Ledwin to adjourn the meeting at 9:05 PM with all in favor. Meeting conducted by Justin Riggs, Deputy City Manager Minutes written and respectfully submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, September 26, 2024 Page 6