12/15/2022 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, December 15, 2022 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Diane Hutchinson at 6:00 PM in the City Hall Auditorium. In compliance with the Open Public Meetings Act, adequate notice was provided. Roll Call: Mrs. Hutchinson, Chairperson Present Mr. Murray, Vice Chairperson Present Mrs. Werner Absent Ms. Hesel Present Mr. Ledwin Absent Mrs. Notch Present Mr. Walsh Present Mrs. McDade (Alt. 1) Absent Sam Venuto (Alt. 2) Present Also Present: Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer Karen Keenan, Board Assistant Minutes: Motion was made by Mr. Murray to adopt the meeting minutes of November 17, 2022, seconded by Mrs. Notch and carried 5-0. Those in favor: Mrs. Notch, Mr. Walsh, Mr. Venuto, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Ms. Hesel. Resolutions: Motion made by Mr. Murray to adopt Resolution number 12-15-2022: 1, Connor and Alex McMahan, 20 Second Avenue, seconded by Mr. Walsh and carried 5-1. Those in favor: Ms. Hesel, Mrs. Notch, Mr. Venuto, Mr. Murray, Mrs. Hutchinson. Those opposed: Mr. Walsh. Those abstaining: None. Motion made by Mr. Murray to adopt Resolution number 12-15-2022: 2, Thomas O’Donnell and Justin Wehmeyer, 1624 New Jersey Avenue, seconded by Mrs. Notch and carried 6-0. Those in favor: Ms. Hesel, Mrs. Notch, Mr. Walsh, Mr. Venuto, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Motion made by Mr. Murray to adopt Resolution number 12-15-2022: 3, Troy and Nicole Schultz, 215 Jefferson Street, seconded by Mr. Walsh and carried 6-0. Those in favor: Ms. Hesel, Mrs. Notch, Mr. Walsh, Mr. Venuto, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. City of Cape May Zoning Board of Adjustment Meeting Minutes, December 15, 2022 Page 1 It was discovered that the audio recording was not working properly. Solicitor King summarized what had occurred at the meeting and recorded the meeting on his phone until the audio recording of the meeting was restored at 6:30 PM. Application(s): Paul & Nancy Valentine 1312 Maryland Avenue, Block 1148, Lot(s) 12 & 13 Attorney Andrew Catanese introduced the application. Owner Paul Valentine, Project Engineer and Planner Andrew Schaeffer, Fire Expert Lewis Conley, and Board Engineer Craig Hurless were sworn in by Solicitor King for the record. Attorney Catanese reminded the Board that four variances were sought and denied in June for this property. He outlined the differences of the current application to be the variances for the patio deck and side yard setback for the pool equipment no longer being needed and the two variances sought were modified and improved with lot coverage reduced. Attorney Catanese said the initial comments from the Fire Chief were revised in the Fire Chief’s report that was issued on December 14, 2022. Engineer Schaeffer was accepted as an expert by Chairperson Hutchinson. Exhibits A-1 through A-14 were described by in detail by Engineer Schaeffer and included: A-1 Four Pages, Aerial Photo dated 01/14/2010, Aerial Photo dated 03/20/2007, Aerial Photo dated 04/19/2005, Aerial Photo dated 03/27/2003 A-2 Department of Environmental Protection (DEP) 2002 Photo A-3 Dante Guzzi Engineering Associates Plan of Survey SV1 dated 08/14/2006 A-4 Zoning Permit dated 11/06/2006 A-5, A-6 & A-7 Certificates of Zoning Compliance dated 12/1/2020, 10/14/2008 and 8/1/2006 A-8 Fire Department Report dated 11/22/2022 A-9 Fire Department Letter dated 12/14/2022 A-10 Photo 1620 New York Avenue A-11 Six Pages, Zoning Board of Adjustment Decisions 2021, 2020 and 2019 A-12 Nine Pages, Zoning Board of Adjustment Resolution 03-24-2022: 1, Gerald and Mary Anne Jones, Zoning Board Variance Submission Drawings ZB-1 and ZB-2, Jerry & Mary Anne Jones, 20 Patterson Avenue, and Fire Department Report dated 10/25/2021 A-13 Ten Pages, Zoning Board of Adjustment Resolution 05-27-2021: 1, Walter & Anna DeForest, 1620 New York Avenue, Variance Plan Block 1186, Lot 1.06 dated 01/22/2021, Fire Department Report dated 04/05/2021 A-14 Three Pages, Ordinance No. 195-2009 An Ordinance Amending Section 525-61 of the Cape May City Code Regulating Private Swimming Pools An additional Exhibit A-15, a variance plan with notations was shown by Engineer Schaeffer. Engineer Schaeffer described the existing conditions and the variances requested, the existing nonconformities at the property and development at the property in detail. He said the project includes replacing the concrete with pavers, the porch and deck to remain the same, moving the outdoor shower to comply with setbacks, addition of a 12 by 20-foot pool with pool equipment City of Cape May Zoning Board of Adjustment Meeting Minutes, December 15, 2022 Page 2 to be moved from the prior proposed location, outdoor kitchen and replacing gravel with grass. Engineer Schaeffer said the stormwater conditions will be improved at the site. Board members were allotted time for questions. Vice Chairperson Murray asked about the kitchen. It was determined that the kitchen is 9.4 feet from the side yard. Member Walsh asked about enclosing the pool with a fence. Engineer Schaeffer said the house serves to enclose the pool which Attorney Catanese said is consistent with the code. Lewis Conley presented his credentials and background in firefighting and was accepted as an expert in fire safety by Chairperson Hutchinson. Mr. Conley described the laddering procedure used when fighting a fire at a property like this one and said the configuration lends itself well to the operation of firefighters to reach rescue windows. Vice Chairperson Murray asked if he foresees any fire safety problems with this project, and Mr. Conley answered no. He also asked Mr. Conley if he agrees with Fire Chief Coulter 12/14/2022 letter, and Mr. Conley said yes. Member Venuto asked if the Zoning Board is liable if someone ran off the deck and dove into the pool. Solicitor King said no. Engineer Schaeffer said a hardship is created, since the building was placed without the benefit of current and rear setbacks required of the pool. He added that there have been no violation notices since the home was built. The preexisting condition of the lot coverage is a hardship to the applicant and there is a plan to reduce it to 45.8% and also they plan to improve the stormwater condition by directing stormwater to the street. Engineer Schaeffer said the project promotes public health, safety and welfare by reducing stormwater and impervious space and also secures safety from flooding, provides sufficient space for recreational use and promotes an improvement to the desirable visual environment including replacing concrete with pavers and gravel with grass as well as other improvements to the site. Regarding negative criteria, Engineer Schaeffer said there is no substantial impairment to the zone plan or the zoning ordinance, and the benefits outweigh the detriments. He added the project will positively impact the preexisting nonconforming impervious coverage by reducing the coverage and incorporating a stormwater management system. Engineer Schaeffer said the lot coverage is reduced and impact on neighbors is mitigated by the stormwater system. Attorney Catanese shared examples of prior Zoning Board approvals of pools and referred to Exhibits A-10, A-11, A-12 and A-13. Board members were allotted time for questions. Vice Chairperson Murray asked how the outdoor kitchen and pool benefits the community. Engineer Schaeffer said the benefits are for the homeowners to enjoy the property but not for the community. Attorney Catanese said reinvestment in the home benefits the community, and the hardship was created when the lot was developed without leaving space for a pool. Vice City of Cape May Zoning Board of Adjustment Meeting Minutes, December 15, 2022 Page 3 Chairperson Murray expressed concern about lot coverage and said if the pool and outdoor kitchen were removed from the plan the lot coverage would be at the requirement. Member Notch asked if the property was purchased prior to the ordinance including the ten-foot setback. Attorney Catanese said no, but the hardship relates to the land not the owner. Member Walsh asked about the mercantile license. Solicitor King said the mercantile license is not applicable for this case. Attorney Catanese said the application states there is no mercantile license, and it is accurate. Engineer Hurless then summarized his memorandum dated October 21, 2022 including his completeness review and the waivers he supported. He said, as existing stone in the shaded area is being removed, he does not waive the landscaping plan. He will need a plan that indicates the landscaping with agreement of Attorney Catanese. He noted the existing lot coverage is proposed to be improved to 45.8% which is an improvement but not conforming. He described the zoning requirements and summarized the two variances requested. He asked, and the applicant agreed, to connect the roof gutters to the stormwater system to discharge more stormwater to the front of the property, as it currently grades to the rear. He said the Board is to weigh if the lot coverage proposed is too intense for the lot. The General Review Comments 1-8 were reviewed and explained in detail with all items being classified as conditions of approval plus two additional conditions: the dimension of 9.4 feet dimension to the patio to be increased to ten feet to comply, and the proposal to change the rock surface to grass, both to be included in plans. The Fire Department approved the project in the updated letter of December 14, 2022, and Public Works approved the project in their report dated December 15, 2022. Board members were allotted time for questions. Chairperson Hutchinson asked if the stormwater system includes a pop-up drainage in the front of the property. Engineer Hurless said that there are two inlets in the rear and a pop-up drainage emitter in the front. Discussion was opened to the public within 200 feet at 7:02 PM. Michael O’Neill, 1310 Maryland Avenue, was sworn in by Solicitor King. He lives next door with his wife, Laura, and is beginning his twenty sixth summer in Cape May. He has the same concerns as he expressed in June 2022 including the quiet enjoyment of their property. He said Mr. Valentine knew he wanted to install a pool when he purchased the property. He felt the owner should have done due diligence, because the lot coverage was already over the requirement and any changes would require variances. He believed the hardship was created by the purchasing of a home that needed to be changed to meet the owners’ desires. He asked the Board to consider his family’s quiet enjoyment of their home. He said that the code still says that ten feet from the principal structure is required regardless of the opinion of the fire expert. He asked the Board to deny the application and preserve the uniqueness of Cape May. He said the noise from the pool will affect him significantly. Paul Haviland, 1317 New York Avenue, was sworn in by Solicitor King. His property is directly behind the property and spoke in support of the application. He is not bothered by the City of Cape May Zoning Board of Adjustment Meeting Minutes, December 15, 2022 Page 4 pool in the property next to the Valentines’ property. He said water does run off into his yard, and he will benefit from the proposed stormwater control. Brooke McMullin, 1321 New York Avenue, was sworn in by Solicitor King. He has been a resident since 1981 and said his property is adjacent in the rear of his property. He agrees with the fire expert that moving the pool improves the access to the structure for firefighters in emergencies. He shared that he is a firefighter and is concerned about a firefighter carrying forty- five pounds of equipment and falling into the pool in an emergency situation at the property. He said the pool and outside kitchen will disrupt their quality of life and detract from the value of his property. He asked the Board to deny the variances. William Dudley, 1318 New York Avenue, was sworn in by Solicitor King. He has been an owner since 1987 and built a year-round home in 2005 without any variances. He said a pool was installed at the house behind them and is now a rental property. They have had to call the Police Department on numerous occasions after ten o’clock due to noise and abusive language. It is a quality of life issue in this quieter end of Cape May. He thinks a pool is not a good idea. Hunter Cochrane, 1311 New York Avenue, was sworn in by Solicitor King. There was a brief discussion on the term technical variance. Solicitor King said the Board will not be considering any technical variances. He asked questions about exhibits and Solicitor King said ten days in advance is preferred for submission of application materials. Solicitor King acknowledged his question and said the exhibits are not of substantive concern. Mr. Cochrane asked if the pool increases the lot coverage, and Engineer Schaeffer said yes. Mr. Cochrane believed the change in pervious coverage for the pool is a reasonable trade. He was not in favor of the variances and felt the variances should not be granted for a pool. He opposed the project. Ron Gelzunas, Esq. representing Jim and Megan Gabriel of 1314 Maryland Avenue who could not be present at the meeting. Attorney Gelzunas said he was retained to express the Gabriels’ strong support of the application. Michael O’Neill, 1310 Maryland Avenue, was reminded by Solicitor King that he is still under oath. Mr. O’Neill advised the Board that the Gabrielles have a pool. Attorney Gelzunas said the Gabrielles have a right to speak. Discussion was closed to the public at 8:06 PM. Applicant Valentine believed his is a good neighbor. He said he is legally allowed to have a pool, and he is asking for a small variance. He said he is making the lot better. Discussion was reopened to the public at 8:12 PM. Hunter Cochrane, 1311 New York Avenue, said his comments are not personal—it’s about quality of life for him. City of Cape May Zoning Board of Adjustment Meeting Minutes, December 15, 2022 Page 5 Discussion was closed to the public at 8:12 PM. Attorney Catanese made his closing statement and referred to the Lange case. He said the existing structures on the property were built before the regulations of the minimum distance between a pool and a structure. Solicitor King explained that owners do not lose the right to a variance even if the owners know that the lot does not conform per the Cox book on New Jersey land use law. Solicitor King and Attorney Catanese discussed separating the votes based on the C-1 and C-2 standards. It was ultimately decided by the Board to vote on the application as a whole in one vote. Solicitor King read the C-1 and C-2 standards to the Board. Motion was made by Mr. Murray to grant the variances for distance from the pool to the deck and lot coverage, subject to the conditions of approval discussed at the hearing and conditions 1-8 outlined in the review memorandum from Board Engineer Craig R. Hurless, PE, PP, CME, dated October 21, 2022, seconded by Mrs. Notch and did not carry 2-4. Those in favor: Ms. Hesel, Mrs. Hutchinson. Those opposed: Mrs. Notch, Mr. Walsh, Mr. Venuto, Mr. Murray. Those abstaining: None. Mr. Walsh said he is not against pools and has been a pool owner himself. He felt the pool is too close to the house. Mrs. Hutchinson said she voted based on the examination of the property by Chief Coulter and the stormwater system. A short break was taken at 8:36 PM. The meeting resumed at 8:46 PM. John Kilgannon 620 ½ Hughes Street, Block 1057, Lot(s) 8 Attorney John Kilgannon represented his wife, Hope, and himself for this application. He introduced the application and Architect Paul Farnan who was sworn in for the record along with John and Hope Kilgannon by Solicitor King. Attorney Kilgannon described the property and summarized the application as one to convert the duplex to a single-family home and add a single- story porch. Attorney Kilgannon shared that the application has been approved in review by the Historic Preservation Commission, as seen on Exhibit A-1 Historic Preservation Commission application page with stamped HPC Approved and dated 9/13/22, and the project has also been approved by the Fire Department, Shade Tree Commission and Public Works Department. Architect Farnan was accepted as an expert by Chairperson Hutchinson. Architect Farnan described the lot as undersized with access through another’s lot, specifically 620 Hughes Street, via an easement. He said there is no buildable area on the lot and qualifies for a C-1 hardship due to the size and shape. He added the project qualifies under the C-2 standards by applying the appropriate density, enhancing a desirable visual environment by adding the porch and promoting conservation of natural resources by reducing water consumption at the property. City of Cape May Zoning Board of Adjustment Meeting Minutes, December 15, 2022 Page 6 Board Engineer Hurless explained to the Board that when one converts from one use to another, a different standard applies with some requirements that are more restrictive and others that are less restrictive. So, one standard applies to a two-family structure and another standard applies to a single-family structure. Attorney Kilgannon advised the Board that they have a registered parking spot in front of the house on Hughes Street. Board members were allotted time for questions of Architect Farnan. Solicitor King asked if the application is detrimental to the zone plan or zone ordinance or surrounding properties. Attorney Kilgannon replied no. Engineer Hurless then summarized his memorandum dated November 9, 2022 including his completeness review and the waivers he supported. He corrected his zoning table to show that the existing rear yard is 2.6 feet. He said the parking is improved by the change of use to a single- family use. The General Review Comments 1-9 were reviewed and explained in detail with all items being classified as conditions of approval. Engineer Hurless advised the Fire Department, Public Works Department and Shade Tree Commission approved the project with no conditions. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public and closed with no public coming forward to comment at 9:12 PM. Solicitor King explained the vote to the Board. Motion was made by Mr. Murray to grant variances for lot size, building setback, lot frontage, rear yard setback, lot coverage, parking and nonconforming structure on nonconforming lot as listed on page three of the November 9, 2022 review memorandum and subject to the conditions as outlined by Board Engineer Craig R. Hurless, PE, PP, CME, seconded by Ms. Hesel and carried 6-0. Those in favor: Ms. Hesel, Mrs. Notch, Mr. Walsh, Mr. Venuto, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Karen & William Wenzel 105 Queen Street, Block 1096, Lot(s) 1 Vice Chairperson Murray recused himself from this application, as he owns property within two hundred feet of this property. Vice Chairperson Murray announced this is his last meeting, and the Board thanked him for his years of service on the Zoning Board. Solicitor King advised there are five voting board members to hear this application. Attorney Anthony Monzo wished to proceed with this application with five members to vote on it. Attorney introduced the application to construct a new single-family dwelling and swimming pool. Owners William and Karen Wenzel and Architect Steve Fenwick were sworn in by Solicitor King for the record. Engineer Hurless remained under oath. City of Cape May Zoning Board of Adjustment Meeting Minutes, December 15, 2022 Page 7 Attorney Monzo distributed the following exhibits which are photos of the neighborhood: A-1 Photo Across the Street A-2 Photo of Subject Property A-3 Photo of Queen Street & Stockton Street A-4 Photo Looking towards Beach A-5 Photo of Wenzels’ Home Looking East A-6 Photo Across the Street with Property Looking East Attorney Monzo said the plan is to demolish the existing home and described the variances required for the new home. Mr. Wenzel gave his family background and purchased the property five years ago to build a home that will fit in with the neighborhood. Architect Fenwick was accepted as an expert by Chairperson Hutchinson and shared that the plan has unanimous conceptual approval from the Historic Preservation Commission (HPC). He added that the plan is under the allowed amount of floor area and lot coverage. Engineer Hurless asked if they are doing their best to conform given they have a blank slate and could slide it back to make it more conforming. Attorney Monzo said the design conforms more to the neighborhood. Architect Fenwick referred to drawing A-1 Plot Plan & Zoning Information for the front yard setbacks on Queen and Kearney and read from the HPC guidelines on streetscape. He addressed the average front yard setbacks which could not be calculated for this property, as there is one lot short of the minimum required. He said the application meets the spirit of zoning, the design is compatible with the neighborhood, there is no substantial detriment to the zone plan or zone ordinance, positives of conforming with historic preservation with no negatives. He said the variances can be granted on the C-2 balancing test. He showed the Board Exhibit A-7 – Image from Google Maps of 105 Queen Street and neighborhood and A-8 – Image from Apple Maps of 105 Queen Street and neighborhood. Board members were allotted time for questions of Architect Fenwick. Engineer Hurless explained that they cannot do averaging as there are not four qualifying houses (there are only three). He said the stairs are why it does not conform and asked if it was such an important design element. Architect Fenwick replied that they want it to be the main entrance. They must build at the new flood elevation; the variance is a benefit to the City of Cape May. Member Walsh asked about the attic height and the sky lights. Architect Fenwick said the attic heights vary for storage use, and the sky lights are to provide natural light over an internal stair. Engineer Hurless then summarized his memorandum dated November 9, 2022 including his completeness review, the waivers he supported and his comments on the variances. The General Review Comments 1-25 were reviewed and explained in detail with all items being classified as conditions of approval. City of Cape May Zoning Board of Adjustment Meeting Minutes, December 15, 2022 Page 8 Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within 200 feet at 9:58 PM. Spencer Reiss, 1010 Kearney Avenue, was sworn in by Solicitor King and agreed with the HPC streetscape approval. He spoke in support of the application. Michael Brady, 207 Queen Street, was sworn in by Solicitor King and purchased his house, which is two behind the property, in 2007 and replaced it in 2011. He asked why not make the property in line with 1003 Stockton, as the proposed house will take some of his beach view. His home conforms, and he wants this house to conform with the setbacks. He showed a phone photo of the view from his deck, and he emailed it to the Board Secretary. The photo was received and is labeled Exhibit O-1. Discussion was closed to the public at 10:20 PM. Board members were allotted time for questions. Member Notch asked about going from three to five bedrooms plus six bathrooms. Architect Fenwick said there are four full bathrooms and two powder rooms. Solicitor King explained the vote to the Board. Motion was made by Mr. Walsh to grant the variances for building setback – Kearney Avenue and building setback – Queen Street, as listed on page three of the November 9, 2022 Board Engineer’s review memorandum, subject to the waivers on page two and conditions 1-25 as outlined in the memorandum by Board Engineer Craig R. Hurless, PE, PP, CME, seconded by Mrs. Notch and carried 5-0. Those in favor: Ms. Hesel, Mrs. Notch, Mr. Walsh, Mr. Venuto, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Motion made by Mrs. Notch to adjourn the meeting at 10:23 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, December 15, 2022 Page 9