10/24/2024 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, October 24, 2024 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Terri Werner at 6:05 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 Present Ms. Sheehan Absent 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 Karen Keenan, Board Assistant Minutes: Motion made by Mr. Venuto to adopt the meeting minutes of September 26, 2024, seconded by Mr. Zektzer and carried 6-0. Those in favor: Mr. Ledwin, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mrs. Notch. Resolution(s): Motion made by Mr. Bodnar to adopt Resolution number 10-24-2024: 1, Timothy Little, 925 Benton Avenue, seconded by Mr. Venuto and carried 6-0. Those in favor: Mr. Ledwin, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mrs. Notch. Motion made by Mr. Zektzer to adopt Resolution number 10-24-2024: 2, Michael Wood, 413 Broadway, seconded by Mrs. Notch and carried 6-0. Those in favor: Mr. Ledwin, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mrs. Notch. Motion made by Mr. Ledwin to adopt Resolution number 10-24-2024: 3, Oceanfront Properties LLC, 1045 Beach Avenue, seconded by Mr. Zektzer and carried 6-0. Those in favor: Mr. Ledwin, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mrs. Notch. City of Cape May Zoning Board of Adjustment Meeting Minutes, October 24, 2024 Page 1 Application(s): Franklin Perth LLC 22 Stockton Place, Block 1062, Lot(s) 2 Attorney Kate Monzo of Monzo Catanese DeLollis PC introduced the application seeking hardship and substantial benefit variances to reconstruct the existing front porch and replace an awning with a covered metal seam roof with stone veneer porch. Attorney Monzo said the project obtained Historic Preservation Commission (HPC) approval which will require an extension since the approval has expired. Owner Andrew Eisenstein and Architect and Engineer John Halbruner and Board Engineer Craig Hurless were sworn in by Solicitor King for the record. Architect Halbruner was accepted as an expert in architecture and engineering by Chairperson Werner. Architect Halbruner described the lot as irregularly shaped and went over the zoning table, non- conforming conditions and variances for the board of this three-unit property. Exhibit A-1, Aerial Photos of existing conditions was described by Architect Halbruner. Architect Halbruner said the structure appears to be a single family home even though it is a multi-family structure. He said the benefits to the community are visual improvement, contribution to the historic district and the structure could be taller He added that the purposes of municipal land use law are being advanced by promoting the public health, safety, morals and general welfare by promoting the historic district and a desirable visual environment. He said variance relief can be granted, as the project maintains light, air and open space. Board members were allotted time for questions. Engineer Hurless asked if there is room for additional parking, and Architect Halbruner said there is no available space at the site. Member Venuto asked about the fence, and Owner Eisenstein said the fence has been removed. Engineer Hurless then summarized his memorandum dated August 29, 2024. He described his completeness review and the waiver he supported. He summarized the details of the lot size, lot size per unit, lot width, lot frontage, building setback – Stockton Place, side yard setback, parking and nonconforming structure on nonconforming lot 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 and Shade Tree Commission recommended approval of the project in their reports dated September 5, 2024, September 4, 2024 and September 10, 2024, respectively. Board members were allotted time for questions of Engineer Hurless. Member Notch asked about drainage at the property. Engineer Hurless responded that there is no change in lot coverage. Discussion was opened to the public within two hundred feet and beyond at 6:29 PM with no public coming forward to comment. Solicitor King explained the vote to the board. Motion was made by Mr. Venuto to grant the variances for §525-19B(1) Table 2 Lot Size & Lot Size Per Unit, §525-19B(1) Table 2 Lot Width & Lot Frontage, §525-19B(1) Table 2 City of Cape May Zoning Board of Adjustment Meeting Minutes, October 24, 2024 Page 2 Building Setback – Stockton Place, §525-19B(1) Table 2 Side Yard Setback, §525-49C(1) Parking and §525-72D Nonconforming structure on nonconforming lot, subject to the waiver outlined by the board engineer and conditions 1 through 11, as outlined on page five in the August 29, 2024 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, and subject to all conditions discussed at the hearing, seconded by Mr. Zektzer and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. William and Elizabeth Grace 1405 Harbor Lane, Block 1160, Lot(s) 76, 76.01 & 77 Attorney Kate Monzo of Monzo Catanese DeLollis PC introduced the application seeking hardship and substantial benefit variances to construct a new single family home to replace one that was demolished during a renovation project due to structural damage to the joists. Owner Bill Grace, Contractor Lance Bowman, Architect and Engineer George Thomas of Thomas/Bechtold Architecture & Engineering and Engineer Paul Kates of Kates Schneider Engineering LLC were sworn in by Solicitor King for the record. Engineer Hurless remained under oath. Architect Thomas presented his credentials and was accepted as an expert in architecture, engineering and planning by Chairperson Werner. Engineer Kates presented his credentials and was accepted as an expert in engineering and planning by Chairperson Werner. The following exhibits were shared at the meeting: A-1 Zoning Permit and Prior Approved Plans A-2 Aerial Photo A-3 Streetscape A-4 Pre-Demolition Survey Contractor Bowman explained the demolition plan and the damage to the structural joists, and the discovery that the demolition contractor inadvertently took down walls without instruction. Then a stop work order was issued. Engineer Hurless advised the board that a variance was not needed for the permitted work until the need arose to rebuild the walls that are in the side yard. Architect Thomas reviewed the Sheet ZB-1 with the board and said the porch is a little bigger than previously existed. He described Exhibit A-2, the aerial photo. Architect Thomas testified the project satisfies the c(2) criteria and that there is no negative impact on the zone plan, zoning ordinance or the neighbors. Engineer Kates described the variance plan and agreed with the testimony of Architect Thomas and to the conditions listed in Engineer Hurless’ memorandum. Board members were allotted time for questions of Engineer Kates. City of Cape May Zoning Board of Adjustment Meeting Minutes, October 24, 2024 Page 3 Engineer Hurless then summarized his memorandum dated October 16, 2024. He described his completeness review and the waivers he supported. Engineer Hurless listed and made comments on the variances sought for lot size, lot width, lot frontage, building setback, side yard setback (both sides) and nonconforming structure on nonconforming lot. The General Review Comments 1-16 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 September 5, 2024 and September 4, 2024, respectively. The Shade Tree Commission reviewed the original plus revised plans and recommended approval with the condition that the applicants try to preserve two cypress trees on the west side of the property in their report dated September 17, 2024 and in their report dated October 17, 2024 recommended approval with the recommendation that the applicants find space to add a shade tree on the property…possibly in the north corner area labelled: Proposed Grass Landscape if the cypress trees cannot be preserved. Board members were allotted time for questions. Discussion was opened to the public within two hundred feet at 7:33 PM. Dee Lanzalotti, 4 Harbor Cove, was sworn in by Solicitor King. She spoke in support of the application. Discussion was open to the public beyond 200 feet at 7:35 PM. Bruce Britton, Zoning Officer, City of Cape May, was sworn in by Solicitor King. Mr. Britton agreed with Engineer Hurless and explained the code allowed the addition, as the addition met all of the setback, bulk and area requirements. He said he originally denied a zoning permit application in March, and the plans were revised and resubmitted to him on two or three occasions before he was able to approve the zoning permit application. Board members were allotted time for questions of Mr. Britton. Discussion was closed to the public at 7:36 PM. Solicitor King explained the vote to the board. Motion was made by Mr. Bodnar to grant the application as presented for variances for §525-16B(1) Table 1 Lot Size, §525-16B(1) Table 1 Lot Width & Lot Frontage, §525-16B(1) Table 1 Building Setback, §525-16B(1) Table 1 Side Yard Setback (Both Sides) and §525- 73D Nonconforming structure on nonconforming lot, with the table amended to be 104.25 feet on rear yard .388 on floor area ratio, with four bedrooms and subject to conditions 1- 16 with the attempt to comply with the shade tree ordinance but, if not possible, to comply with the code requirements for replacing trees and two waivers numbers 16 and 27 on page two listed in the October 16, 2024 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, and subject to all conditions discussed at the hearing, seconded by Mr. Walsh and carried 6-1. Those in favor: Mr. Ledwin, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: Mrs. Notch. Those abstaining: None. City of Cape May Zoning Board of Adjustment Meeting Minutes, October 24, 2024 Page 4 A break was taken at 7:43 PM. The meeting resumed at 7:43 PM. Cape Home Investments II LLC 401 Pittsburgh Avenue, Block 1165, Lot(s) 4.02 Attorney John Amenhauser of DeWeese Law Firm PC introduced the application to build a pool at the property where a single family dwelling exists. He explained that variance relief was granted in January 2024, so the addition of the pool requires board approval based on city ordinance. An additional variance for pool patio in front building setback is also being sought, as the property is located on a corner. Managing Member Marcello Mogavero and Engineer and Planner Brian Murphy of MV Engineering were sworn in by Solicitor King. Board Engineer Craig Hurless remained under oath. Chairperson Werner accepted Engineer Murphy as an expert in engineering and planning. Engineer Murphy described the existing conditions at the property and referred to the variance plan. He said the deck exists but makes the variance necessary. He said the property has two front yards, technically. He testified that the benefits outweigh the detriments and there are special reasons that apply to this application: appropriate location…, promote a desirable visual environment and an efficient use of land plus the additional landscaping. He said the application can be approved under the c(1) and c(2) standards. Engineer Murphy testified there is no detriment to the public good, zone plan or zoning ordinance. Engineer Hurless then suggested that a variance would be required for the pool next to the covered patio, which was determined to be under a roof, as it should be ten feet from the principal structure. Attorney Amenhauser suggested moving the edge back ten feet and discussion ensued. Engineer Hurless recommended buffering along Idaho Avenue, and the applicant agreed. Engineer Hurless then summarized his memorandum dated September 29, 2024 including his completeness review with the waiver he supported. He said a lot coverage variance was incorrectly requested and struck from the application. He described the zoning requirements, noted that Engineer Murphy will need to change his zoning table for lot coverage maximum at 45% and summarized the details of the variances requested. The General Review Comments 1- 15 were reviewed and explained in detail with all items classified as conditions of approval including the applicant to the conditions. The Fire Department and Public Works approved the project in their reports dated October 17, 2024 and October 15, 2024, respectively. The applicant said the city approved the curb cut mentioned in the Public Works report. The applicant agreed to the Shade Tree Commission condition listed in their report dated October 16, 2024: large existing tree to right rear of proposed pool must be protected during construction with a solid, post and beam or plastic mesh supported by angle irons one foot per inch of diameter. Board members were allotted time for questions. There was a discussion on the pool. Attorney Amenhauser said to eliminate two variances, they will change the pool from 28 feet long to 18 feet long and make the pool ten feet from the principal structure and disconnect it from the patio. City of Cape May Zoning Board of Adjustment Meeting Minutes, October 24, 2024 Page 5 Discussion was opened to the public within two hundred feet and beyond at 8:22 PM with no public coming forward to comment. Solicitor King explained the vote to the board. Motion made by Mr. Zektzer to grant the application to allow a pool that conforms with the zoning ordinance despite the property having previously receiving variance approval, subject to conditions and waivers that remain applicable in Resolution 02-22-2024: 3 and subject to all conditions discussed at the hearing and subject to conditions 1-15, as outlined on pages five and six in the September 29, 2024 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, seconded by Mrs. Notch and carried 5-2. Those in favor: Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: Mr. Ledwin, Mrs. Notch. Those abstaining: None. Mr. Walsh and Mr. Venuto expressed concern about pool safety when a deck is near enough to a pool that some will jump off the deck into the pool. It was shared that some hotels in town put pool furniture in the pool in the evening to keep people from jumping off balconies into the pools. Discussion: Payment of Bills Motion made by Mr. Venuto to approve the payment of bills, seconded by Mrs. Notch and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Motion made by Mrs. Werner to adjourn the meeting at 8:25 PM with all in favor. Minutes written and respectfully submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, October 24, 2024 Page 6