12/12/2024 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, December 12, 2024 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Terri Werner at 6:02 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 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 Minutes: Motion made by Mr. Venuto to adopt the meeting minutes of October 24, 2024, seconded by Mr. Ledwin and carried 6-0. Those in favor: Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Ms. Sheehan. Resolution(s): Motion made by Mr. Bodnar to adopt Resolution number 12-12-2024: 1, Edward and Linda Farrington, 1012 Pittsburgh Avenue, seconded by Ms. Sheehan and carried 5-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Ledwin, Mrs. Werner. Motion made by Mr. Zektzer to adopt Resolution number 12-12-2024: 2, Jack and Eileen Oakes, 1145 Washington Street, seconded by Ms. Stevenson and carried 5-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Ledwin, Mrs. Werner. Motion made by Mr. Sheehan to adopt Resolution number 12-12-2024: 3, Michael Kennedy, 722 Columbia Avenue, seconded by Mr. Zektzer and carried 5-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Ledwin, Mrs. Werner. City of Cape May Zoning Board of Adjustment Meeting Minutes, December 12, 2024 Page 1 Application(s): Christopher Rohner 1514 Velvento Avenue, Block 1176.02, Lot(s) 1.08 Attorney John Amenhauser of The DeWeese Law Firm PC introduced the application seeking hardship and substantial benefit use variances to construct a five-bedroom single family dwelling with a swimming pool on this lot with frontage on Velvento, Brooklyn and New York Avenues. Owner Christopher Rohner, Engineer Joseph Mohnack and Board Engineer Craig Hurless were sworn in by Solicitor King for the record. Engineer Mohnack presented his credentials and was accepted as an expert in engineering by Chairperson Werner. Engineer Monaco described the undeveloped corner lot with three front yards, and the plan to construct a single family dwelling with a pool and onsite parking. He said the variance sought is for a six foot fence in the front yard, as the home is oriented to Brooklyn Avenue, so New York Avenue and Velvento serve as side yards but are technical front yards. They seek a six foot fence to provide more privacy and safety which advances the purpose of safety and welfare. Engineer Mohnack said the purposes of zoning are advanced by promoting a desirable visual environment and providing adequate light, air and open space, and there is no detriment to the zone plan or zoning ordinance. Board members were allotted time for questions. Member Walsh asked for the type of fence, and Owner Rohner said he is considering a solid vinyl fence. There was a discussion on fencing. Engineer Hurless said the code requires a safety fence; the construction code dictates the height of the fence. Board members expressed concern about a solid fence of six feet. Owner Rohner agreed to the fence to be ten feet from the property line. There was a discussion on a six foot fence set back ten feet versus a four foot fence at the right of way. Engineer Hurless felt a six foot fence at ten feet is better than the alternative. Engineer Hurless then summarized his memorandum dated October 29, 2024. He described his completeness review and the waivers he supported. He summarized the details of the setbacks which are unique to the lot and the variance request for the fence. 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 in their reports dated December 3, 2024. The Shade Tree Commission recommended approval with the comment that care be taken to protect the street trees on Brooklyn and New Avenues from damage in their report dated December 5, 2024. Board members were allotted time for questions. Member Sheehan asked if the city’s four foot landscaping requirement must be in front of or behind the fence. Engineer Hurless responded that it was not designated, so the landscaping could be in front of or behind the fence. Discussion was opened to the public within two hundred feet at 6:46 PM. Discussion was opened to the public beyond two hundred feet at 6:47 PM. City of Cape May Zoning Board of Adjustment Meeting Minutes, December 12, 2024 Page 2 Hunter Cochrane, 1429 New Jersey Avenue, was sworn in by Solicitor King. He was not in favor of a six foot high fence and found the applicant’s offer to place the fence ten feet from the property line to be a better alternative. Discussion was closed to the public at 6:48 PM. Member Sheehan commented that a six foot fence would impair the streetscape. Member Walsh preferred a steel or wrought iron fence with plantings for privacy. Owner Rohner misunderstood the fence placement and said he offered the fence to be five feet from the property line. Solicitor King said that gives the appearance of the fence being ten feet from the curb. Discussion was reopened to the public at 7:04 PM. Hunter Cochrane, 1429 New Jersey Avenue, remained under oath. He opposed the six foot fence five feet from the lot line. Discussion was closed to the public at 7:04 PM. The board discussed a five foot fence versus a four foot fence at the lot line. Discussion was reopened to the public at 7:09 PM. Martin Van Walsum, 329 Congress Street, was sworn in by Solicitor King and said the plantings must be a four-foot barrier on the property line. He read from §525-62A(4), which is also cited in Engineer Hurless’ report: “All swimming pools shall provide a four-foot-wide planted green space along the rear and side property lines within the rear yard, to increase infiltration, add additional buffering, improve aesthetics, and provide space for grading and the conveyance of stormwater.” Solicitor King felt solid front yard fences should be considered in the master plan discussions. Discussion was closed to the public at 7:12 PM. Solicitor King explained the vote to the board. The board is to decide on the best alternative. Motion was made by Mr. Walsh to grant the variances for §525-57E(3) Fence Height – 6’ Height in Front Yard, subject to the waivers outlined by the board engineer and conditions 1 through 11, as outlined on page five in the October 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 did not carry 0-7. Those in favor: None. Those opposed: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those abstaining: None. City of Cape May Zoning Board of Adjustment Meeting Minutes, December 12, 2024 Page 3 There was then a vote on the revised application. Motion was made by Mr. Walsh to grant the variances for §525-57E(3) Fence Height – 6’ Height five feet from the front property line in Front Yard, subject to the waivers outlined by the board engineer and conditions 1 through 11, as outlined on page five in the October 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 did not carry 3-4. Those in favor: Mr. Ledwin, Mr. Zektzer, Mrs. Werner. Those opposed: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Venuto. Those abstaining: None. Ana Diez Roux & Jose Tapia Granados 502 West Perry Street, Block 1032, Lot(s) 2 C-502 Attorney Ronald Gelzunas of Ronald J. Gelzunas LLC introduced the application seeking hardship, substantial benefit and use variances to demolish and reconstruct a detached garage that is used solely for storage for this condominium unit which is part of a two unit three-story structure in the front of the lot and a two-story single family dwelling in the rear of the property. Owner Ana Diez Roux and Architect John Halbruner of The Hyland Group were sworn in by Solicitor King for the record. Engineer Hurless remained under oath. Architect Halbruner presented his credentials and was accepted as an expert by Chairperson Werner. Architect Halbruner described the existing conditions at the property and the zoning table. He said the plan is to demolish the dilapidated historic garage and reconstruct it in the same footprint. The Historic Preservation Commission (HPC) approved the demolition and gave conceptual approval of the garage on the condition that it be built in the same location. Architect Halbruner said the garage could be built in a conforming location, but the HPC prefers the same location. This requires a side yard setback and distance from adjacent building variances in addition to a lot coverage variance. Architect Halbruner testified there is no substantial detriment to the zone plan and public good. He said the site can accommodate the expansion of use, as it has for one hundred years. He said the purposes of zoning are advanced by promoting general welfare by maintaining the historic district and the pattern of detached garages. Architect Halbruner went on to say that the character of the neighborhood is being preserved and there are no negative conditions being created. He said the benefits outweigh any detriment. Board members were allotted time for questions of Architect Halbruner. Member Sheehan asked if there would be heat or air conditioning, and Architect Halbruner replied there would be no heat or air conditioning in the garage. Engineer Hurless then summarized his memorandum dated October 7, 2024. He described his completeness review and the waivers he supported. He commented that the neighborhood has stormwater issues, so a stormwater system would be needed for the disturbed area only. Engineer Hurless listed and made comments on the variances sought for use, lot size, lot width, lot frontage, lot coverage, side yard – accessory garage setback, and side yard – distance from adjacent structure setback. The General Review Comments 1-12 were reviewed and explained in detail City of Cape May Zoning Board of Adjustment Meeting Minutes, December 12, 2024 Page 4 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 18, 2024 and October 11, 2024, respectively. The Shade Tree Commission recommended approval of the project in their report dated October 30, 2024. Owner Roux said they want to retain the trees. Architect Halbruner indicated they will protect the trees and will note it on the plan. Architect Halbruner said they will try to avoid removing the trees, unless needed for the required stormwater system. Board members were allotted time for questions. Member Bodnar asked about the stormwater system. Engineer Hurless said it could be gutters or a stone trap at the drip line, and he will work with Architect Halbruner to address stormwater. Discussion was opened to the public within two hundred feet and beyond at 7:48 and closed with no public coming forward to comment at 7:48 PM. Solicitor King explained the vote to the board. Motion was made by Ms. Sheehan to grant the application as presented for variances for §525-15A & §525-9 Use Variance (Expansion of Non-conforming use[s]), §525-15B(1) Table 1 Lot Width & Lot Frontage, §525-15B(2) Lot Coverage, §525-55A(3)(h) Side Yard - Accessory Garage and §525-55A(3)(e) Side Yard – Distance from Adjacent Structure variances, with waivers 26, 27, 31 and 33 and subject to conditions 19 and 28 on page two and conditions 1-12 as outlined on pages five and six in the October 7, 2024 memorandum by Craig R. Hurless, PE, PP, CME, and subject to all conditions, including that the existing trees will be protected, discussed at the hearing, seconded by Mr. Ledwin and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Discussion: 2023 Zoning Board of Adjustment Decisions There was a brief discussion on some of the approvals granted in 2023. Engineer Hurless explained his role after the board approves an application from compliance review to recommendation of acceptance of the improvements and issuance of certifications of occupancy. The board requested the Planning Board consider changing the zoning for solid fences in front yards. The members do not prefer solid fences in front yards. The board also asked the Planning Board to consider the zoning for pools regarding the distance from principal structures. Engineer Hurless noted that more applications receive approval than denial, because many applications which do not make sense do not proceed to board review and aspects of applications are mitigated at meetings. Engineer Hurless said the board is strict on applications that seek floor area ratios. City of Cape May Zoning Board of Adjustment Meeting Minutes, December 12, 2024 Page 5 The board asked that the decisions could be listed as “approved as revised” if appropriate versus listed simply as approved if changes to the original approval sought are made. Motion was made by Mr. Venuto to accept the report and send it to the Planning Board, seconded by Mrs. Notch and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. 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: Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Motion made by Mr. Ledwin to adjourn the meeting at 8:26 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, December 12, 2024 Page 6