11/09/2023 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, November 9, 2023 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. Pledge of Allegiance 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 Absent 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 Mr. Walsh to adopt the meeting minutes of October 26, 2023, seconded by Mr. Bodnar and carried 5-0. Those in favor: Ms. Sheehan, Mr. Walsh, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mr. Ledwin. Resolution(s): Motion made by Mr. Bodnar to adopt Resolution number 11-09-2023: 1, Rauna Fuller and Bernadette McGlade, 1326 New York Avenue, seconded by Ms. Sheehan and carried 5-0. Those in favor: Ms. Sheehan, Mr. Walsh, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mr. Ledwin. Motion made by Mr. Venuto to adopt Resolution number 11-09-2023: 2, Martin and Valerie Carlin, 1102 Lafayette Street, seconded by Ms. Sheehan and carried 5-0. Those in favor: Ms. Sheehan, Mr. Walsh, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mr. Ledwin. City of Cape May Zoning Board of Adjustment Meeting Minutes, November 9, 2023 Page 1 Motion made by Ms. Sheehan to adopt Resolution number 11-09-2023: 3, Musketeer Land Developers LLC, 3 & 5 Pharo Lane, seconded by Mr. Bodnar and carried 5-0. Those in favor: Ms. Sheehan, Mr. Walsh, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mr. Ledwin. Application(s): Dev Jagadesan 918 Columbia Avenue, Block 1089, Lot(s) 8 Solicitor King announced this application is adjourned to the December 28, 2023 meeting with no further notice required. Anthony and Eileen Matarazzo 29 Harbor Cove, Block 1172, Lot(s) 3.14 Attorney Anthony Monzo introduced the application for lot coverage, lot width, lot frontage, side yard setback (each and total), and pool setbacks, sides, rear and from the principal structure, to legalize the modified patio area around the pool. He described the Planning Board approval that was granted for the development under Resolution No. 6-30-93 including the open space. He explained that construction was completed but there were no permits secured. After the review by the homeowners association’s architectural review committee, it was discovered that permits and variances were needed. Owner Anthony Matarazzo, Planner and Engineer Louis Scheidt, and Board Engineer Craig Hurless were sworn in by Solicitor King for the record. Engineer Scheidt was accepted as an expert in planning and engineering by Chairperson Werner. Owner Matarazzo gave a history of their ownership of the property since May of 2020. He said the pool existed when they purchased the property. They found the property lacked safe space for chairs around the pool and they made changes to the patio for drainage and to fit his family’s needs in May 2023. Owner Matarazzo said the turf is permeable, and he did not believe he needed a permit for the project. The following exhibits were presented: A-1 Aerial photo of the site and surrounding properties A-2 Photo of current conditions at the property A-3 Cape May Harbor Coverage Setback Requirements – Table Engineer Scheidt described the existing conditions and the change in zoning that occurred regarding the calculation of pools in lot coverage. Engineer Hurless confirmed that the A-3 chart is accurate. He added the cluster provision allowed more density with more coverage with a large open space set aside in the center and along Pittsburgh Avenue allowing a lot by lot analysis for each lot based on the matrix. Attorney Monzo said the zoning change occurred in 2005. Engineer Scheidt said the lot coverage prior to the work recently completed complied with the approval in City of Cape May Zoning Board of Adjustment Meeting Minutes, November 9, 2023 Page 2 1993. Engineer Hurless explained the zoning change to R-1 where owners can retain what they have but any proposed change triggers need for variances plus there is a different calculation for the lot coverage concerning the pool. There was a discussion on lot coverage for pools, and it was determined that the ordinance change for lot coverage for pools occurred in December 2009. Engineer Scheidt said the lot coverage before the work was 43.37% plus the pool at 292 square feet. Solicitor King said the proposed lot coverage is 49%. Engineer Scheidt said the zoning change creates a hardship. He testified there is no substantial detriment to the zone plan, a de minimis increase in lot coverage and no substantial impact on the neighbors. He said the project satisfies the criteria under the c(1) hardship and c(2) balancing test. Engineer Scheidt testified the purposes of zoning are advanced as the project promotes general welfare, secures safety from fire, flood, panic and other natural and man-made disasters, promotes a desirable visual environment through creative development techniques and good civic design and arrangement, and encourages planned unit developments which incorporate the best of design and relate the type, design and layout of residential, commercial, industrial and recreational development. He said the project will improve drainage at the site. Board members were allotted time for questions. Member Walsh expressed concern that the survey and variance plans do not match. Engineer Scheidt said the proposed setbacks are as follows: 2.7 feet, 3.2 feet and 2.4 feet. Engineer Hurless then summarized his memorandum dated September 25, 2023 including his completeness review with the four waivers he supported and his comments on the five variances required for this project. The existing lot coverage was changed in the table on page two and in his review comments on page three from 47.7% to 46.28%. He explained the proposed swimming pool and connected patio setbacks are as follows: 3.2 feet to the eastern side of the property, 2.4 feet to the western side of the property line and 2.7 feet from the rear property line. The General Review Comments 1-12 were reviewed and explained in detail with all items being classified as conditions of approval. Owner Matarazzo said the pool equipment is located in the garage. Engineer Hurless advised the Fire and Public Works Departments and Shade Tree Commission approved the project with no conditions. The applicant agreed to the conditions. Board members were allotted time for questions of Engineer Hurless. Member Bodnar asked if synthetic turf complies with code provision for a permeable material. Engineer Hurless agreed that the synthetic turf is more permeable than most permeable materials and meets the definition of a permeable surface under the code definitions. Discussion was opened to the public within two hundred feet at 7:18 PM. Ted McKenney, 33 Harbor Cove, was sworn in by Solicitor King. He spoke in support of the application. Discussion was opened to the public beyond two hundred feet at 7:20 PM. City of Cape May Zoning Board of Adjustment Meeting Minutes, November 9, 2023 Page 3 Discussion was closed to the public at 7:20 PM. Solicitor King explained the vote to the Board. He explained the voting on c(1) and c(2) standard as outlined in the Board Engineer’s memorandum dated September 25, 2023. Motion was made by Mr. Venuto to grant variances, under the c(2) standard, flexible c, for lot width, lot frontage, side yard setbacks, lot coverage at 49%, pool setbacks to the patio decking and principal structure, subject to all conditions discussed at the hearing, waivers 4, 23, 28, 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 25, 2023, seconded by Mr. Bodnar. After the motion was made and seconded, there was a discussion on the side yard setbacks. Members Sheehan, Walsh and Bodnar were concerned with the sizes of the requested side yard setbacks. The motion was withdrawn by Mr. Venuto. The meeting paused at 7:30 PM at Solicitor King’s request. The meeting resumed at 7:34 PM. After further discussion, the side yard setbacks at five feet were proposed by the applicant. Motion was made by Mr. Walsh to grant variances, under the c(2) standard, flexible c, for lot width, lot frontage, side yard setbacks, lot coverage at 49%, pool setbacks to rear with sides at five feet each, the patio decking and principal structure, subject to all conditions discussed at the hearing, waivers 4, 23, 28, 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 25, 2023, seconded by Mr. Venuto and carried 6-0. Those in favor: Mr. Ledwin, Ms. Sheehan, Mr. Walsh, 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 Mr. Bodnar and carried 6-0. Those in favor: Mr. Ledwin, Ms. Sheehan, Mr. Walsh, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Resolution(s): Motion made by Ms. Sheehan to adopt Resolution number 11-09-2023: 4, Resolution for Meeting Not Open to Public in Accordance with the Provisions of the NJ Open Public Meetings Act, N.J.S.A. 10:4-12 – Pending Litigation, seconded by Mr. Ledwin and carried 6-0. Those in favor: Mr. Ledwin, Ms. Sheehan, Mr. Walsh, Mr. Bodnar, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. City of Cape May Zoning Board of Adjustment Meeting Minutes, November 9, 2023 Page 4 Open to Public: There was no public present for comment. Closed session is entered at 7:52 PM Closes session adjourns at 8:22 PM with no official action taken. The meeting resumed. Discussion: Member Bodnar asked about artificial turf and whether it should be permitted in Cape May. Chairperson Werner said the Historic Preservation Commission has control of front lawns in the historic district. Engineer Hurless said the ordinance is silent on synthetic turf; nothing in the ordinance stops it. He said a front yard cannot be covered with rocks. Solicitor King read from the West Cape May ordinance on artificial turf and advised they banned it. Member Sheehan will bring the topic to a City Council meeting. Motion made by Ms. Sheehan to adjourn the meeting at 8:34 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, November 9, 2023 Page 5