11/14/2024 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, November 14, 2024 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. Roll Call: Mrs. Werner, Chairperson Absent Mr. Venuto, Vice Chairperson Present Mr. Ledwin Absent Mrs. Notch Present 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 Karen Keenan, Board Assistant Resolution(s): Motion made by Mr. Zektzer to adopt Resolution number 11-14-2024: 1, Franklin Perth LLC, 22 Stockton Place, seconded by Mr. Walsh and carried 7-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Ms. Stevenson, Mr. Venuto. Those opposed: None. Those abstaining: None. Motion made by Mr. Zektzer to adopt Resolution number 11-14-2024: 2, William and Elizabeth Grace, 1405 Harbor Lane, seconded by Ms. Stevenson and carried 5-0. Those in favor: Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Ms. Stevenson, Mr. Venuto. Those opposed: None. Those abstaining: Mrs. Notch, Ms. Sheehan. Motion made by Mr. Zektzer to adopt Resolution number 11-14-2024: 3, Cape Home Investments II LLC, 401 Pittsburgh Avenue, seconded by Mr. Bodnar and carried 5-0. Those in favor: Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Ms. Stevenson, Mr. Venuto. Those opposed: None. Those abstaining: Mrs. Notch, Ms. Sheehan. Application(s): Edward and Linda Farrington 1012 Pittsburgh Avenue, Block 1156, Lot(s) 13.01 City of Cape May Zoning Board of Adjustment Meeting Minutes, November 14, 2024 Page 1 Attorney David Stefankiewicz of Stankiewicz & Belasco, LLC introduced the application for variance relief to change the porch roof and screening enclosure plans that were previously approved in 2023. Owners Edward and Linda Farrington and Engineer Craig Hurless were sworn in by Solicitor King for the record. Linda Farrington gave a history of their ownership of the property and said the proposed changes include a gable roof and shutters. She said the changes do not create any additional habitable space. She said five plans were initially devised with her architect. The architect did not submit her preferred plans at the 2023 hearing, and she was present at the hearing. There was a reference to Engineer Rami Nassar’s 2023 testimony. Solicitor King said the board cannot consider that testimony due to the inability to cross examine Engineer Nassar who was not present. Board members were allotted time for questions. Member Venuto asked if the porch as presented in 2023 was a true porch with long screens. Member Bodnar said the plans that were presented showed what was approved and the proposed porch looks the opposite of open and airy. Member Bodnar asked about the two doors, and Mrs. Farrington replied that the entry door to the porch is a rain glass entry door, and the door from the porch to the house is a nano door/wall is all glass and like an accordion. Member Sheehan felt the project looked more like an addition than a porch. Member Walsh felt the porch changed from a screened porch to one that is fully enclosed, and she had previously agreed to never fully enclose the porch. Mrs. Farrington said the porch shutters are to be permanently open but perhaps can be closed from the outside. Engineer Hurless was concerned that the porch may be habitable space and read the definition for the board, which would require an additional variance. Attorney Stefankiewicz requested an adjournment. Motion was made by Ms. Sheehan to continue hearing the application, seconded by Mr. Venuto and carried 7-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Ms. Stevenson, Mr. Venuto. Those opposed: None. Those abstaining: None. Engineer Hurless then summarized his memorandum dated September 29, 2024 including his completeness review with the waivers he supported and his comments on the three variances that were approved in 2023. He said the §525-73E zoning review is applicable with the board to reconsider the approved variances as they relate to the revised plans. The General Review Comments 1-12 were reviewed and explained in detail with all items being classified as conditions of approval. He said specification sheets on the proposed shutters would have been helpful to determine if a floor area ratio variance is needed. Engineer Hurless advised the Fire Department, Shade Tree Commission and Public Works Department recommended approval with no comments. Board members were allotted time for questions of Engineer Hurless. Member Notch asked about runoff, and Engineer Hurless said any change in runoff patterns would have to be corrected by the applicants. City of Cape May Zoning Board of Adjustment Meeting Minutes, November 14, 2024 Page 2 Discussion was opened to the public within two hundred feet and beyond at 6:50 PM and closed with no public coming forward to comment. Attorney Stefankiewicz made a closing statement and requested the votes be separated into those for the roof structure and those for the walls. Solicitor King explained the options for the Board. Motion was made by Ms. Sheehan to approve the project as presented, subject to all conditions discussed at the hearing and subject to condition 33 on page three and conditions 1-12 on page five, as outlined in the memorandum, by Board Engineer Craig R. Hurless, PE, PP, CME, dated September 29, 2024, seconded by Mr. Bodnar and did not carry 0-7. Those in favor: None. Those opposed: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Ms. Stevenson, Mr. Venuto. Those abstaining: None. Members gave reasons for their votes. Members Sheehan, Walsh, Zektzer, Bodnar, Stevenson and Venuto felt the project was not a porch but more of an extension of the house and livable space, and the owner had agreed to never fully enclose the porch. Member Zektzer said the entry door to the porch is really the door to the house making the porch an extension of the house. Chairperson Venuto asked for motions to vote separately on the roof feature versus the wall features. No member made a motion. Jack and Eileen Oakes 1145 Washington Street, Block 1113, Lot(s) 22 Attorney Ronald Gelzunas of Gelzunas Law introduced the application seeking hardship and substantial benefit variances to reconstruct a garage that was demolished by a framing crew without instruction by the owner or general contractor. Attorney Gelzunas said the project had Historic Preservation Commission (HPC) and construction approval with the garage to undergo renovation but not be demolished. He explained that the applicant returned to the HPC, which denied demolition of the garage and then approved a new garage under the condition that it be constructed in the same location. Owner Jack Oakes and Architect Catherine Lorentz were sworn in by Solicitor King for the record. Board Engineer Hurless remained under oath. Architect Lorentz presented her credentials and was accepted as an expert in architecture by Vice Chairperson Venuto. Architect Lorentz provided a history of the project and referred the board to the application photos which show that the garage was lifted and on cribbing while the new foundation was being constructed when the garage was demolished. She explained the need for the setback variances in detail. Architect Lorentz testified that the project advances the purposes of zoning by preserving the garage and safety. She said there is no negative impact on the adjoining property owners and no substantial impairment to the zone plan or zoning ordinance. Board members were allotted time for questions. City of Cape May Zoning Board of Adjustment Meeting Minutes, November 14, 2024 Page 3 Engineer Hurless then summarized his memorandum dated July 2, 2024. He described his completeness review and the waiver he supported. He summarized the details of the lot size, setback to the adjacent building and the garage setbacks to the rear lot line and side lot line variances requested. 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 and Shade Tree Commission recommended approval of the project in their reports dated July 26, 2024, July 26, 2024 and August 4, 2024, respectively. Board members were allotted time for questions of Engineer Hurless. Member Sheehan asked if there would be heat and for the height of the garage. Architect Lorentz said there will be no heat, and the garage will be six inches taller. Discussion was opened to the public within two hundred feet and beyond at 7:27 PM with no public coming forward to comment. Solicitor King explained the vote to the board. Motion was made by Ms. Sheehan to grant the variances for §525-15B(1) Table 1 Lot Size, §525-55A(3)(e) Setback to adjacent building , §525-55A(3)(g) Garage Setback to rear lot line and §525-55A(3)(h) Garage Setback to side lot line, subject to the waiver outlined by the board engineer and conditions 1 through 13, as outlined on pages four and five in the July 2, 2024 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, and subject to all conditions discussed at the hearing, seconded by Mrs. Notch and carried 7-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Ms. Stevenson, Mr. Venuto. Those opposed: None. Those abstaining: None. Michael Kennedy 722 Columbia Avenue, Block 1074, Lot(s) 6 Attorney Scott DeWeese of The DeWeese Law Firm PC introduced the application seeking substantial benefit variances to convert the structure from a multi-family dwelling to a single- family dwelling. Architect Brian Newswanger of Atlantes Architects was sworn in by Solicitor King for the record. Engineer Hurless remained under oath. Architect Newswanger presented his credentials and was accepted as an expert in architecture by Vice Chairperson Venuto. Architect Newswanger said the historic structure operated as a bed and breakfast, and the current owner is making internal changes only to convert it to a single-family residence. The only change is the use. He testified that the project promotes conservation of a historic site with no substantial detriment to the purposes of zoning and no impairment to the zone plan and zoning ordinance. He agreed to the conditions listed in Engineer Hurless’ memorandum. Board members were allotted time for questions of Architect Newswanger. Engineer Hurless then summarized his memorandum dated September 29, 2024. He described his completeness review and the waivers he supported. Engineer Hurless listed and made comments City of Cape May Zoning Board of Adjustment Meeting Minutes, November 14, 2024 Page 4 on the variances sought for lot size, building setbacks, rear yard setback and lot coverage. 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 recommended approval of the project with no conditions/comments in their reports dated October 30, 2024 and the Shade Tree Commission recommended approval with no conditions on November 6, 2024. Engineer Hurless said HPC approval of the project would not be required, as there are no external improvements proposed. Board members were allotted time for questions. Discussion was opened to the public within two hundred feet and beyond at 7:46 PM with no public coming forward to comment. Solicitor King explained the vote to the board. Motion was made by Mr. Zektzer to grant the application as presented for variances for §525-19B(1) Table 1 Lot Size, §525-19B(1) Table 1 Building Setbacks, §525-19B(1) Table 1 Rear Yard Setback, and §525-19B(2) Table 1 Lot Coverage, and two waivers numbers 19 and 33 on page two listed in the September 29, 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: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Ms. Stevenson, Mr. Venuto. Those opposed: None. Those abstaining: None. Discussion: Payment of Bills 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, Ms. Stevenson, Mr. Venuto. Those opposed: None. Those abstaining: None. Resolution(s): Motion made by Ms. Sheehan to adopt Resolution number 11-14-2024: 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 – Litigation, seconded by Mr. Walsh and carried 7-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Bodnar, Ms. Stevenson, Mr. Venuto. Those opposed: None. Those abstaining: None. Open to Public: There was no public present for comment. Closed session is entered at 7:50 PM City of Cape May Zoning Board of Adjustment Meeting Minutes, November 14, 2024 Page 5 Closed session adjourns at 8:08 PM with no official action taken. The meeting resumed. Open to Public: There was no public present for comment. Motion made by Mrs. Notch to adjourn the meeting at 8:08 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, November 14, 2024 Page 6