10/26/2023 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, October 26, 2023 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Terri Werner at 6:07 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 Present Mr. Venuto, Vice Chairperson Present Mr. Ledwin Absent Mrs. Notch Present Ms. Sheehan Present Mr. Walsh Present Mr. Zektzer Present Mr. Cataldo (Alt. 1) Absent Mr. Bodnar (Alt. 2) Present Also Present: Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer Karen Keenan, Board Assistant Minutes: Motion made by Mrs. Notch to adopt the meeting minutes of September 28, 2023, seconded by Mr. Venuto and carried 4-0. Those in favor: Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto. Those opposed: None. Those abstaining: Mrs. Notch, Ms. Sheehan, Mrs. Werner. Resolution(s): Motion made by Mr. Zektzer to adopt Resolution number 10-26-2023: 1, Maryanne McLaughlin and Scott Muraika, 1009 Kearney Avenue, seconded by Mr. Bodnar and carried 4-0. Those in favor: Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto. Those opposed: None. Those abstaining: Mrs. Notch, Ms. Sheehan, Mrs. Werner. Motion made by Mr. Venuto to adopt Resolution number 10-26-2023: 2, Edward and Linda Farrington, 1012 Pittsburgh Avenue, seconded by Mrs. Notch and carried 2-1. Those in favor: Mr. Zektzer, Mr. Venuto. Those opposed: Mr. Walsh. Those abstaining: Mrs. Notch, Ms. Sheehan, Mr. Bodnar, Mrs. Werner. Motion made by Mr. Zektzer to adopt Resolution number 10-26-2023: 3, 1005 Beach Avenue LLC, 1005 Beach Avenue, seconded by Mr. Walsh and carried 4-0. Those in favor: City of Cape May Zoning Board of Adjustment Meeting Minutes, October 26, 2023 Page 1 Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto. Those opposed: None. Those abstaining: Mrs. Notch, Ms. Sheehan, Mrs. Werner. Application(s): Rauna Fuller and Bernadette McGlade 1326 New York Avenue, Block 1147, Lot(s) 20 & 21 Attorney Rob Belasco introduced the application for a modest addition and renovations on this undersized lot requiring variances for lot size, building setback – Pittsburgh Avenue and building setback – New York Avenue. The addition will include a new bathroom, walk-in closet and an indoor/outdoor sunroom. Attorney Belasco advised the Fire Department, Public Works Department and Shade Tree Commission approved the application with no conditions. Owner Rauna Fuller, Engineer Andrew Schaeffer and Board Engineer Craig Hurless were sworn in by Solicitor King for the record. Engineer Schaeffer was accepted as an expert in planning and engineering by Chairperson Werner. Owner Fuller described the ownership and existing conditions of this former rental property and her plan to retire there at the end of the year. She shared Exhibits A-1 and A-2: two colored renderings of the property after the proposed alterations. Engineer Schaeffer described Sheet Z-1 Proposed Variance Plans, prepared by the architect, with the existing and proposed conditions. He said the project is under the maximum lot coverage and floor area ratio, and one bath is to be ADA compliant. He referenced the Neighborhood Plan that showed the prevailing average on New York Avenue to be 23.97 feet setback with a proposed 23.75 feet setback and 17.5 feet on Pittsburgh Avenue with a proposed 15.8 feet setback for the new addition (with the existing nonconformity of 8.8 feet to remain). There are not enough comparative properties on both Pittsburgh and New York Avenues to allow for setback averaging. Engineer Schaeffer said a hardship exists for the narrow corner lot. He said the project provides light, air and open space, promotes establishment of appropriate population densities and a desirable visual environment. He testified there is no detriment to the zone plan or public good. He added municipal land use law is advanced as the project is in character of the neighborhood with no negative impact on the zone plan or neighborhood and no increase in traffic or densities. He said the Pittsburgh Avenue right of way is wider than most streets which further mitigates any impact. Board members were allotted time for questions. Member Sheehan asked if the 8.8 foot bump out is to remain, and Engineer Shaeffer replied the existing nonconformity will remain. Member Sheehan asked if the living area will be extended, and the gazebo will be removed. Owner Fuller replied yes and added that there will be a small porch on the front. Member Bodnar asked if the condensing unit will be moved. Owner Fuller said it will be moved and not visible from the street. City of Cape May Zoning Board of Adjustment Meeting Minutes, October 26, 2023 Page 2 Engineer Hurless then summarized his memorandum dated September 18, 2023 including his completeness review with the five waivers he supported, the two details required as conditions of approval and his comments on the three variances required for this project. He said there is not a lot of room for development on the lot without variances being required. The General Review Comments 1-12 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. The applicant agreed to the conditions. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within two hundred feet at 6:43 PM. Charlie Priar, 1327 New York Avenue, was sworn in by Solicitor King. He was required to meet the setbacks when he had his house built. He was against any expansion on New York Avenue that impacts his view. Discussion was opened to the public beyond two hundred feet at 6:46 PM. Janice Conwell, 1050 New York Avenue, was sworn in by Solicitor King. She spoke in support of the application. Michael Dent, 1324 Maryland, was sworn in by Solicitor King. He opposed the addition. He expressed concern about setting precedents. Member Walsh asked Mr. Priar and Mr. Dent if their homes were new construction on vacant land, and both replied yes. Mickey McGlade, 722 Beach Avenue, Cape May and 939 Shunpike Road, North Cape May, was sworn in by Solicitor King. She spoke in support of the application. Discussion was closed to the public at 6:55 PM. Attorney Belasco made his closing statement and said the project is de minimis in nature with no negative impact on the property. Solicitor King explained the vote to the Board. He said there is no precedent set if the application is approved, but it will create a streetscape. He said the 1950’s structure predates zoning. Motion was made by Mr. Venuto to grant variances for lot size, building setback – Pittsburgh Avenue and building setback – New York Avenue, subject to all conditions discussed at the hearing, conditions 18 and 28 and waivers 4, 20, 21, 26 and 33 listed on page two and conditions 1-12, as outlined on pages four and five in the memorandum, by Board Engineer Craig R. Hurless, PE, PP, CME, dated September 18, 2023, seconded by Mrs. Notch and carried 7-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. City of Cape May Zoning Board of Adjustment Meeting Minutes, October 26, 2023 Page 3 Martin and Valerie Carlin 1102 Lafayette Street, Block 1113, Lot(s) 1 Member Notch recused herself from this application, as she owns property within 200 feet. Attorney Lyndsy Newcomb introduced the application to eliminate the conditional use at the corner lot property formerly known as the Primrose. Alterations, an addition, and removal of the detached garage are proposed. A variance for building setback is being sought. Owners Martin and Valerie Carlin, Architect Pam Fine and Engineer John Halbruner were sworn in by Solicitor King for the record. Board Engineer Craig Hurless remained under oath. Architect Fine was accepted as an expert in architecture by Chairperson Werner. Architect Fine reported that the project received conceptual approval from the Historic Preservation Commission. She described Sheet SU-1 Existing Floor Plans and Sheet P-1 Proposed Site Plan & 200’ List with the new single family home and removal of the existing nonconforming lot coverage. She said the existing detached garage is too small for a vehicle. They had a survey done of surrounding neighbors on Schellenger and Lafayette Streets, but there were not enough properties for setback averaging. Architect Fine also showed and described the Sheets P-2 Proposed Floor Plans, P-3 Proposed Front & Right Side Elevations, P-4 Proposed Rear & Left Side Elevations and P-5 Proposed Garage & Shed Elevations. Architect Fine testified the project advances the purposes of zoning by increasing public health, safety, and welfare, securing safety from fire, flood, and panic, providing adequate light, air and open space, establishing appropriate population density and promoting conservation of historic sites and districts. She said there is no substantial detriment to the public good nor impairment of the zone plan or zoning ordinance. Board members were allotted time for questions of Architect Fine. Engineer Halbruner was accepted as an expert in engineering. He prepared the landscaping and stormwater management design. He referred to Sheet C101 Grading and Landscaping Plan and said there will be twenty seven new trees added and seven trees removed to be replaced two for one. He described the property as having mature landscaping, a recharge trench for roof runoff and all runoff is to be directed to Schellenger Street. Engineer Halbruner said the nonconforming use is being removed, and the nonconforming lot coverage is being brought into conformance. He said there are no detriments to the application, and he agrees with Architect Fine’s testimony. Board members were allotted time for questions of Engineer Halbruner. Member Sheehan asked about the removal of seven trees. Engineer Hurless said the trees within a certain distance of any of the improvements must be replaced two for one. Attorney Newcomb said the Shade Tree Commission changed their approval to include retaining the silver maple tree, but the removal of the tree complies with the code requirements since it is located within six feet of the foundation of the proposed shed and trash enclosure. Discussion ensued. Engineer Halbruner testified that the removal of the silver maple tree complies with the code. Engineer Hurless read from the ordinance §525-60I(3)(d)[1]: “all existing trees outside a building footprint having a three-inch diameter trunk measured three feet above the ground shall remain if said City of Cape May Zoning Board of Adjustment Meeting Minutes, October 26, 2023 Page 4 trees are in excess of six feet from the outside of the exterior wall of the proposed structure.” Engineer Halbruner said there are twenty eight trees to remain on the site and twenty seven new trees to be added to the site. Seven trees are being removed from the site. Engineer Hurless then summarized his memorandum dated September 26, 2023 including his completeness review with the waivers he supported and his comments on the building setback variance sought for this project. The General Review Comments 1-15 were reviewed and explained in detail with all items being classified as conditions of approval. An additional condition of approval was added: compliance with the tree ordinance and the removal of the silver maple. The applicant agreed to the conditions of approval. Board members were allotted time for questions of Engineer Hurless. Member Sheehan asked if the garage included livable space, and Valerie Carlin replied no. Member Walsh asked about the retaining wall. Engineer Hurless said the retaining wall runs along the back portion of the property, and there is stormwater collection system for roof runoff. Whatever is not collected is directed towards Schellenger. Discussion was opened to the public within two hundred feet at 8:02 PM Mary Notch, 1115 Washington Street, was sworn in by Solicitor King. She spoke in support of the application as good for the neighborhood. Discussion was opened to the public beyond 200 feet at 8:03 PM. Discussion was closed to the public at 8:03 PM. Attorney Newcomb made her closing statement. Solicitor King explained the vote to the Board. Motion was made by Mr. Bodnar to grant variance number one for building setback, as listed on page four with waivers 22, 21, 24, 26 and 28 listed on page two, subject to all conditions discussed at the hearing including removal of five trees plus removal of two additional trees requiring Shade Tree Commission approval and subject to conditions 1-15 on page five, as outlined in the memorandum, by Board Engineer Craig R. Hurless, PE, PP, CME, dated September 26, 2023, seconded by Ms. Sheehan and carried 6-0. Those in favor: Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Mrs. Notch returned to the meeting at 8:07 PM. Chairperson Werner called for a break at 8:07 PM. The meeting resumed at 8:16 PM. City of Cape May Zoning Board of Adjustment Meeting Minutes, October 26, 2023 Page 5 Musketeer Land Developers LLC 3 & 5 Pharo Lane, Block 1061 Lot(s) 101.06 & 101.07 Attorney Lyndsy Newcomb introduced the application to consolidate the lots and construct one single family dwelling. She explained that lot area and frontage, front, side and rear yard setbacks and floor area ratio variances were granted in 2014 as part of a site plan and major subdivision. She said the proposed development conforms with the approvals granted in 2014, and the zoning requirements have changed since the 2014 approval. Rear yard setback, lot coverage and floor area ratio variances are being sought. The applicant could get permits to build the two single family homes, but the applicant believes that a single family home is a better zoning alternative. Engineer Hurless provided a history of the approvals at the site with approvals by two different applicants when the development owners changed. He said that the 2014 approval included the 210 boat slips, marina and eight existing four story semidetached units to remain with a new marina garage and enlarged pool deck, pool area with a pavilion, and twenty nine new three-story single family detached homes and numerous variances for each individual lot with changes to the lot numbers. He said these two lots are included in the approval. He agreed with the statement that the applicant could obtain permits to build two single family homes on the lots. He described the 2014 approvals to be: Lot for 3,301 square feet: Lot width 30 feet, lot frontage 40 feet, front setback 16 feet, right side setback 3 feet, left side setback 5 feet, rear setback 0 feet, floor area ratio .94 Lot for 2,984 square feet: Lot width 31 feet, lot frontage 31 feet, front setback 16 feet, right side setback 3 feet, left side setback 3 feet, rear setback 0 feet, floor area ratio 1.04 Engineer Hurless explained that the Planning Board retained jurisdiction over the premises with the exception of an application for a use variance which the applicant seeks with the .76 floor area ratio variance request. Solicitor King said the board will consider if one single family home with a floor area ratio of .76 is a better zoning alternative than having two houses with one at .94 floor area ratio and the other at 1.04 floor area ratio. Member Sheehan shared Craig Hurless’ January 7, 2014 memorandum, which was cited in the Planning Board Resolution 4-8-2014 and labeled Exhibit A-1. Attorney Newcomb objected to the introduction of the exhibit. Engineer Hurless read from the review comments for variances section number 6 on page nine of the memorandum as follows: “The subdivision to create fee simple lots will necessitate FAR variances. Dwelling square footages have been provided for prototype models but the plans do not specify which model will be provided on each lot. In accordance with §525-52, the maximum floor area ratio is 0.40 for single family dwellings and 0.45 for semidetached dwellings. The total Upland Area (264,745 SF) minus Marina Lot Size (10,000 SF) equals 254,745 square feet. The project was previously approved with a FAR of approximately 0.44. It should be noted that the applicant indicated that the total floor area is being reduced from 111,600 SF (approved) to 106,561 SF (proposed). Using the same methodology FAR is being reduced to 0.418.” Engineer Hurless said this was an overall area City of Cape May Zoning Board of Adjustment Meeting Minutes, October 26, 2023 Page 6 analysis for the floor area ratio site wide with the overall floor area ratio approved at .44. When the lots changed to fee simple lots, the floor area ratios were converted over at larger numbers. Attorney Newcomb explained that the previously approved requirements and variances as well as the current requirements and proposed conditions are listed on Engineer Halbruner’s site plan, and he will present them to the board. Owner Sandy Baldino, Architect Blane Steinman 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. He calculated an average floor area ratio for the two lots as approved: .94 plus 1.04 divided by two equals .99 floor area ratio. They are proposing a .076 floor area ratio for the single family home which is consistent with the neighborhood. The two lots are to be consolidated into one with one single family home with six bedrooms versus two single family homes of four bedrooms each. He reviewed all of the proposed calculations for the board with combined side yard setbacks to the eaves to be 16.12 feet versus 14 feet previously approved. He read the definition of floor area ratio as defined in the code book: sum of all habitable areas of buildings or structures (not including attics, basements, porches, decks or other areas not designed or intended for human habitation) compared to the total area of the site. He said the purposes of municipal land use law are advanced, the site can accommodate the increase in floor area ratio, and the project fits in the neighborhood. The proposed project allows more light, air and open space, has fewer bedrooms and is a much less intense development. The purposes of zoning are advanced by encouraging public health, safety, morals and general welfare, providing adequate light, air and open space, establishing appropriate population density, promoting free flow of traffic and promoting a desirable visual environment through creative techniques and good civic design. He said the negative effects are mitigated, and the positives outweigh the detriments. Board members were allotted time for questions of Engineer Halbruner. Member Walsh asked if the floor area ratio includes covered patios, beach boat storage and garage areas. Engineer Halbruner replied those items are not in the floor area ratio. Architect Steinman described the application plans: P1 Ground Floor Plan, P2 1st & 2nd Floor Plans, P3 3rd Floor Plan Elevations and P4 Elevations. Board members were allotted time for questions of Architect Steinman. Member Bodnar asked about the office and exercise room compared to a bedroom. Architect Steinman said it could be used as a bedroom, but the client plans to use the room as an office and exercise room. Architect Steinman and Engineer Hurless agreed the plan would comply with parking requirements if the office and exercise room is a bedroom. Member Sheehan asked about the bulkhead. Engineer Halbruner replied setback numbers include the bulkhead easement. Members Sheehan and Notch asked about the hot tub. Architect Steinman referred to Sheet P4 Elevations and said there is a low wall that contains a hot tub, and the cover satisfies the safety requirement. City of Cape May Zoning Board of Adjustment Meeting Minutes, October 26, 2023 Page 7 Engineer Hurless then summarized his memorandum, dated August 17, 2023, including his completeness review, the six waivers he supported and his comments on the rear yard setback, lot coverage and floor area ratio variances requested. He commented that the lot coverage as originally approved was 70%, and 54.4% is proposed. He noted that all stormwater improvements have been put in by the development and reviewed his zoning requirements chart on page four. He said Engineer Halbruner showed that this plan is improved over what was previously approved. The General Review Comments 1-17 were reviewed and explained in detail with all items being classified as conditions of approval. The number of bedrooms was revised from six to seven, and revised easement documents satisfactory to the city may be required. Engineer Hurless advised the Fire and Public Works Departments and Shade Tree Commission approved the project with no conditions. Historic Preservation Commission approval is required. Board members were allotted time for questions of Engineer Hurless. Member Sheehan asked about parking on the lot and grass in the lot. Engineer Hurless said a parking lot was never approved. Engineer Halbruner said there is grass on the landscaping plan. Discussion was opened to the public within two hundred feet and beyond at 9:25 PM with no public coming forward to comment. Attorney Newcomb made her closing statement that this unique application offers a better zoning alternative and is consistent with the neighborhood. Solicitor King explained the vote requiring five positive votes to carry. Motion was made by Mr. Zektzer to grant the variances for rear yard setback, lot coverage, and floor area ratio listed on page four, with seven bedrooms, subject to all conditions discussed at the hearing, with waivers 2, 23, 24, 25, 27 and 29 on pages three and four and conditions 1-17 on pages six and seven, as outlined in the memorandum, by Board Engineer Craig R. Hurless, PE, PP, CME, dated August 17, 2023, seconded by Mr. Venuto and carried 7-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Discussion: Payment of Bills Solicitor King advised the board that the majority of the bills are paid by the applicants through their escrow funds. Motion made by Ms. Sheehan to approve the payment of bills, seconded by Mrs. Notch and carried 7-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Motion made by Mrs. Notch to adjourn the meeting at 9:39 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, October 26, 2023 Page 8