09/28/2023 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, September 28, 2023 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Vice Chairperson Sam Venuto 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 Absent Mr. Venuto, Vice Chairperson Present Mr. Ledwin Present Mrs. Notch Absent Ms. Sheehan Absent Mr. Walsh Present Mr. Zektzer Present Mr. Cataldo (Alt. 1) Present Mr. Bodnar (Alt. 2) Present Also Present: Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer Karen Keenan, Board Assistant Oath of Office: New member Steve Bodnar took the Oath of Office and was welcomed to the Zoning Board. Minutes: Motion made by Mr. Ledwin to adopt the meeting minutes of August 24, 2023, seconded by Mr. Walsh and carried 5-0. Those in favor: Mr. Ledwin, Mr. Walsh, Mr. Zektzer, Mr. Cataldo, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Bodnar. Resolution(s): Motion made by Mr. Walsh to adopt Resolution number 09-28-2023: 1, Christine Carlson- Glazer, 710 Columbia Avenue, seconded by Mr. Zektzer and carried 5-0. Those in favor: Mr. Ledwin, Mr. Walsh, Mr. Zektzer, Mr. Cataldo, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Bodnar. Motion made by Mr. Cataldo to adopt Resolution number 09-28-2023: 2, Fern and Kevin Watters, 1218 New York Avenue, seconded by Mr. Walsh and carried 5-0. Those in favor: City of Cape May Zoning Board of Adjustment Meeting Minutes, September 28, 2023 Page 1 Mr. Ledwin, Mr. Walsh, Mr. Zektzer, Mr. Cataldo, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Bodnar. Motion made by Mr. Zektzer to adopt Resolution number 09-28-2023: 3, Zoning Board of Adjustment 2022 Annual Decisions, seconded by Mr. Walsh and carried 5-0. Those in favor: Mr. Ledwin, Mr. Walsh, Mr. Zektzer, Mr. Cataldo, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Bodnar. Application(s): Maryanne McLaughlin and Scott Muraika 1009 Kearney Avenue, Block 1097, Lot(s) 8 & 9 Attorney Anthony Catanese introduced the application for construction of a single family home to replace the existing home requiring variances for lot size, lot area, lot width, lot frontage, front and side yard setbacks. He described the home on the undersized lot as having a missing tooth layout being set back much farther than neighboring properties. Attorney Catanese said the project has received conceptual approval from the Historic Preservation Commission (HPC). Owners Maryanne McLaughin and Scott Muraika, Engineer John Halbruner and Board Engineer Craig Hurless were sworn in by Solicitor King for the record. Engineer Halbruner was accepted as an expert in engineering, planning and architecture by Vice Chairperson Venuto. Exhibits A-1 Photo of Property Parallel to the Street, A-2 Photo of the Property and Adjacent Property and A-3 Photo of the Property and Garage Next Door were distributed to the board. Engineer Halbruner said the lot is 63% of the required size and described the existing conditions and unusually large front yard. He referred the board to Sheet P-1 Proposed Floor Plans for the new two-story home with a 13 foot front yard setback to align with other buildings on the block and consistent with HPC guidelines. He said the setbacks for side and rear yards are being improved and the open uncovered deck provides light, air and open space. He described Exhibit A-2 that shows the current house and the property to the left with the neighbor so far back that there is no encroachment. The design promotes the consistent uniform streetscape that the HPC desires. He said there is a hardship because there is no opportunity to gain more land. Engineer Halbruner testified the purposes of municipal land use law are advanced by the application that promotes a desirable visual environment, the historic district, public health, safety, and welfare, and light, air and open space, and secures safety from flood. He said relief can be granted with no substantial detriment to the public good and without substantially impairing the purpose and intent of the zone plan. Board members were allotted time for questions. Vice Chairperson Venuto asked about the landing of the steps. Engineer Halbruner said the steps are for access to the outdoor showers, as there is no rear door. Member Walsh asked if the porch aligns with the neighbors, and Engineer Halbruner replied the porch aligns with the deck. City of Cape May Zoning Board of Adjustment Meeting Minutes, September 28, 2023 Page 2 Member Zektzer asked if the house is centered on the lot. Engineer Halbruner replied it is more centered than the existing house. Member Bodnar asked about the front of the structure and the neighbor’s garage, which was recently constructed. Engineer Halbruner said the proposed structure is in line with the neighbor’s garage. Member Ledwin asked for the location of the air conditioning condenser. Engineer Halbruner said the condenser is above the shower as shown on the plan. Engineer Hurless then summarized his memorandum dated September 13, 2023 including his completeness review with the waiver he supported and his comments on the four variances required for this project. The General Review Comments 1-13 were reviewed and explained in detail with all items being classified as conditions of approval. Engineer Hurless advised the Fire and Public Works Departments approved the project with no conditions. Shade Tree Commission approved the project with the condition that a construction barrier be placed on the tree line on the Madison Avenue side of the property in their report dated August 14, 2023. The applicant agreed to the conditions. Board members were allotted time for questions of Engineer Hurless. Member Walsh asked about the sight triangle for the driveway and standing water he observed at the property. Engineer Hurless did not foresee any sight triangle issues and the storm water system and grading will handle water drainage. Member Bodnar expressed concern that Chief Coulter based his assessment off of the application without the garage and fence which were not pictured. Engineer Halbruner said the side yard setback, by the neighbor’s garage, exceeds the setback requirements. Discussion was opened to the public within two hundred feet and beyond at 6:49 PM and closed with no public coming forward to comment. Solicitor King explained the vote to the Board. Motion was made by Mr. Zektzer to grant variances one through four as listed on page three of five in the September 13, 2023 Board Engineer’s review memorandum, with the condition 27 on page two and conditions 1-13, as outlined on pages four and five in the memorandum, by Board Engineer Craig R. Hurless, PE, PP, CME, dated September 13, 2023, seconded by Mr. Venuto and carried 6-0. Those in favor: Mr. Ledwin, Mr. Walsh, Mr. Zektzer, Mr. Cataldo, Mr. Bodnar, Mr. Venuto. Those opposed: None. Those abstaining: None. Edward and Linda Farrington 1012 Pittsburgh Avenue, Block 1156, Lot(s) 13.01 Attorney Rob Belasco introduced the application for a screened front entry porch and a generator in the rear yard requiring variances for lot size, lot width, front yard setbacks and lot usage ratio. City of Cape May Zoning Board of Adjustment Meeting Minutes, September 28, 2023 Page 3 Attorney Belasco shared that variances were granted for a family room and paver patio in 2019. Owners Edward and Linda Farrington and Engineer and Planner Rami Nassar were sworn in by Solicitor King for the record. Craig Hurless remained under oath. Linda Farrington said they are full-time residents and want a screened porch due to her allergy to mosquitos. She agreed to never fully enclose the porch. Board members were allotted time for questions. Engineer Nassar was accepted as an expert in planning and engineering by Vice Chairperson Venuto. Engineer Nassar described the existing conditions at the property and referred the board to Sheet 1 – Variance Plan included in the application packet. He said there is a minimum lot size deficiency of 95 square feet. The big right of way makes the porch seem to set back farther and reduces the impact on light, air and open space. He said there are no negative impacts by increasing the lot usage ratio. He said the project advances the purposes of zoning by promoting a desirable environment through creative development techniques and encourages municipal action to guide appropriate use of all lands in the state. He testified there is no substantial detriment to the public good, and the project will not impair the intent or purposes of the zoning ordinance or the zone plan. Engineer Nassar said he will prepare a landscaping design to be approved by the Board Engineer. Attorney Belasco said the Fire and Public Works Departments approved the project with no conditions. He shared the Shade Tree Commission approved the project with one condition that the tree in the left corner be protected, and the applicants agreed to comply with the condition. Engineer Hurless explained that the lot usage ratio is not regularly seen in board applications, as it only applies to the R-4 District. He read the lot usage ratio definition from the ordinance as follows: The sum of the areas of a lot that are covered by the principal building(s), including attached structures such as porches and decks, detached garages and outbuildings such as sheds (but excluding patios, terraces, driveways, paved areas and stone landscaping) compared to the total area of the site. His opinion is that the proposed generator platform is an accessory structure and would be included in the lot usage ratio. Engineer Nassar confirmed the generator platform is included in the lot usage ratio calculation in the application. Board members were allotted time for questions of Engineer Nassar. Member Walsh about if any work other than what was approved was done at the property, and Linda Farrington replied nothing was added with the work built consistent with the granted approval. Member Bodnar asked about similar porches in the area. Linda Farrington said she is in Village Greene and recently saw new porches on Missouri Avenue. There was a discussion on a City of Cape May Zoning Board of Adjustment Meeting Minutes, September 28, 2023 Page 4 neighborhood survey (Exhibit A) that was in the initial application submission but not included in the final application. Member Bodnar asked about the pavers. Engineer Nassar said some of the pavers will be removed and some will be moved closer to the street. He added that grass will be added in the center strip of the driveway. Engineer Hurless then summarized his memorandum dated August 16, 2023 including his completeness review with the waivers he supported and his comments on the three variances sought for this project. The General Review Comments 1-11 were reviewed and explained in detail with all items being classified as conditions of approval. The applicant agreed to all conditions of approval. Engineer Hurless advised the Fire Department, Shade Tree Commission and Public Works Department approved the project, and the applicant agreed to comply with the Shade Tree Commission conditions. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within two hundred feet and beyond at 7:30 PM and closed with no public coming forward to comment. Solicitor King explained the vote to the Board. Motion was made by Mr. Ledwin to grant variances one through three, for lot size, front yard setback and lot use ratio, as listed on page three of six with waivers 26 and 28, subject to all conditions discussed at the hearing and subject to condition 33 on page two and conditions 1-11 on page five, as outlined in the memorandum, by Board Engineer Craig R. Hurless, PE, PP, CME, dated August 16, 2023, seconded by Mr. Bodnar and carried 4-2. Those in favor: Mr. Ledwin, Mr. Zektzer, Mr. Cataldo, Mr. Venuto. Those opposed: Mr. Walsh, Mr. Bodnar. Those abstaining: None. Members Walsh and Bodnar felt the property is being overdeveloped. Vice Chairperson Venuto called for a five-minute break at 7:39 PM. The meeting resumed at 7:44 PM. 1005 Beach Avenue LLC 1005 Beach Avenue, Block 1095 Lot(s) 15 Attorney Anthony Catanese introduced the application for conversion of the triplex to a single family home with garage apartment to remain on this oversized lot requiring variances for lot coverage and use. The project consists of small expansions including a new dormer on the roof, small deck with landing, HVAC, and attic areas to be converted to two closets. Attorney Catanese said the project has received conceptual approval from the Historic Preservation Commission (HPC). Owner Jon Koehler, brother in law Robert Shettsline and Engineer John Halbruner were sworn in by Solicitor King for the record. Board Engineer Craig Hurless remained under oath. Engineer Halbruner remained an expert in engineering, planning and architecture. City of Cape May Zoning Board of Adjustment Meeting Minutes, September 28, 2023 Page 5 Engineer Halbruner described the existing conditions with the garage apartment being a second principal building, so it must meet the standards of a principal bulk requirements not as an accessory use. He said the lot with two principal buildings creates the need for the use variance. Engineer Halbrunder said the floor area ratio will be increased by 102 square feet but will still comply with the requirements. He said the site improvements include 200 new trees/shrubs/plants. Engineer Halbruner said the single family use is a better zoning alternative. He said the purposes of zoning are advanced by promoting public health, safety and welfare, promoting public safety from flood, etc., establishing appropriate population densities, promoting a desirable visual environment, and promoting conservation of historic sites and districts. Engineer Halbruner said the positive effects substantially outweigh the detriments without substantial impairment of the zone plan or zoning ordinance. He said there is only beneficial impact on the neighbors by less traffic and less noise at the property. Board members were allotted time for questions of Engineer Halbruner. Engineer Hurless then summarized his memorandum, dated June 6, 2023, including his completeness review, the details required as conditions of approval, the five waivers he supported and his comments on the variances requested. He corrected the zoning table on page three of six to show the Use Proposed to be New SFD and Garage Apartment with a Use Status of Non- Conforming. He said the change of use changes the allowable lot coverage to be 45% with the proposed to be 48% requiring a variance for lot coverage. Engineer Hurless advised the Fire Department and Public Works Department approved the project with no conditions. The Shade Tree Commission approved the project in their report dated July 3, 2023 with the conditions that the healthy stand of eight (8) scrub pines at rear of property should be protected by construction barriers and trimmed/maintained and the holly tree at rear of the property should be protected by construction barriers. Engineer Hurless asked if the applicant can comply with the conditions. Attorney Catanese said the plans were changed to retain the holly tree. Engineer Halbruner said the scrub pines referred by the Shade Tree Commission are Japanese black pines, which are invasive and not indigenous. There was a brief discussion on accepting the applicant’s intensive landscaping plan. Engineer Hurless and the board did not have an issue accepting the applicant’s landscaping plan. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within two hundred feet at 8:20 PM. Frank Fiske, 1012 Stockton Avenue, was sworn in by Solicitor King. He was concerned about the proposed six foot fence at the rear of the property. He felt the project would affect the air flow and light at his property, and the fence would be above his roof line. He said the project violates the general goals of the master plan on page 17: a, b, c, g and j. Mr. Fiske wants the five foot hedges to remain. Brienne Fiske, 1012 Stockton Avenue, was sworn in by Solicitor King. She said the fence will block airflow and sunlight. She said the fence will darken their garage apartment. She said the City of Cape May Zoning Board of Adjustment Meeting Minutes, September 28, 2023 Page 6 projects violates the master plan. She submitted the letter that was read by Frank Fiske, as Exhibit O-1. Attorney Catanese noted his objection for the record. Attorney Catanese said Mr. Koehler offered to drop the fence down to four feet for a span of twenty feet, and the objectors did not accept the offer. Discussion was opened to the public beyond two hundred feet at 7:41 PM. Discussion was closed to the public at 8:40 PM. Attorney Catanese said the applicant does not want to change the proposed fence, which conforms to the code. He said they will drop the fence to four feet along the back of the neighbors’ property if the board makes it a condition. Solicitor King explained the vote requiring five positive votes to carry. Motion was made by Mr. Zektzer to grant the variances listed on page four for use and lot coverage, subject to waivers 2, 19, 23, 26 and 28 on pages two and three, subject to conditions 5 and 20 on page two and conditions 1-11 on page five, as outlined in the memorandum, by Board Engineer Craig R. Hurless, PE, PP, CME, dated June 6, 2023 with the submitted landscape plan accepted in lieu of the comments by the Shade Tree Commission, seconded by Mr. Cataldo and carried 6-0. Those in favor: Mr. Ledwin, Mr. Walsh, Mr. Zektzer, Mr. Cataldo, Mr. Bodnar, Mr. Venuto. Those opposed: None. Those abstaining: None. The members hoped the applicant and the neighbors can work together toward a solution regarding the fence. Discussion: Payment of Bills Motion made by Mr. Ledwin to approve the payment of bills, seconded by Mr. Walsh and carried 6-0. Those in favor: Mr. Ledwin, Mr. Walsh, Mr. Zektzer, Mr. Cataldo, Mr. Bodnar, Mr. Venuto. Those opposed: None. Those abstaining: None. Lokal Stockton Litigation Solicitor King advised that Judge Blee ruled in favor of the Zoning Board on both counts of the lawsuit regarding the Lokal Stockton property. Motion made by Mr. Walsh to adjourn the meeting at 9:00 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, September 28, 2023 Page 7