12-16-2021 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, December 16, 2021 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Diane Hutchinson at 6:06 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. Van de Vaarst Absent Mrs. Lukens Present Mr. Ledwin Present Mrs. Notch (Alt. 1) Present Mr. Walsh (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 May 27, 2021, seconded by Mrs. Lukens and carried 5-0. Those in favor: Ms. Hesel, Mr. Ledwin, Mrs. Notch, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mrs. Lukens, Mr. Walsh. Motion was made by Mr. Murray to adopt the meeting minutes of June 24, 2021, seconded by Mrs. Lukens and carried 6-0. Those in favor: Ms. Hesel, Mrs. Lukens, Mr. Ledwin, Mrs. Notch, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mr. Walsh. Motion was made by Mr. Murray to adopt the meeting minutes of August 26, 2021, seconded by Mrs. Lukens and carried 5-0. Those in favor: Ms. Hesel, Mr. Ledwin, Mrs. Notch, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mrs. Lukens, Mr. Walsh. Motion was made by Mr. Murray to adopt the meeting minutes of November 18, 2021, seconded by Mrs. Lukens and carried 6-0. Those in favor: Ms. Hesel, Mrs. Lukens, Mr. Ledwin, Mr. Walsh, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mrs. Notch. Resolution(s): Motion was made by Mr. Ledwin to adopt Resolution number 12-16-2021: 1, Bassett Family LLC, 701 Kearney Avenue, seconded by Ms. Hesel and carried 6-0. Those in favor: Ms. Hesel, Mrs. Lukens, Mr. Ledwin, Mr. Walsh, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mrs. Notch. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes – December 16, 2021 - Page 1 Motion was made by Mrs. Lukens to adopt Resolution number 12-16-2021: 2, Sasse, 106 Philadelphia Avenue, seconded by Ms. Hesel and carried 5-0. Those in favor: Ms. Hesel, Mrs. Lukens, Mr. Walsh, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mr. Ledwin, Mrs. Notch. Application(s): Gerald and Mary Anne Jones 20 Patterson Avenue Block 1018, Lot(s) 1 & 2 Attorney Ron Gelzunas appeared with Architect Christina Amey and Owners Jerry and Mary Anne Jones. The Joneses, Architect Amey, and Board Engineer Craig Hurless were sworn in by Board Solicitor Richard King for the record. Attorney Gelzunas described the application to demolish both structures on the site and construct a new single family dwelling, eliminating the second dwelling use. Architect Amey presented her credentials and was accepted as an expert by the Board. She described the existing conditions of the site and described the setbacks and variances sought including a new variance for floor area ratio (FAR). Architect Amey presented A-1 photos across and adjacent to Mt. Vernon and Patterson Avenues and Exhibit A-2 renderings of the proposed house. Architect Amey said the proportion of the new structure fits in with the neighborhood, is a reduction in footprint, with no negative impact, less intensive use than two dwelling units, a better visual environment, has preliminary Historic Preservation Commission approval and with no substantial detriment to the public good, no negative impact on the zone plan nor zone ordinance, the substantial benefit outweighs detriments. She added that the site can accommodate the extra FAR. Board members were allotted time for questions of Architect Amey. Vice Chairperson Murray asked if the breezeway could be lessened, and Architect Amey said the pool would then not be possible. Member Walsh asked about the pavers to the property line, and Architect Amey responded that is their current parking spot. Member Notch asked about the increase of bedrooms. Jerry Jones responded that their family is expanding, and they have no plans to rent the property. Members expressed concern about the increase in FAR when designing for a new structure and asked for a redesign to avoid the need for a FAR variance. Vice Chairperson Murray thought there was a substantial encroachment to the rear yard. Board Engineer Hurless then summarized his report dated October 7, 2021. He described his completeness review, comments for variances and general review comments 1-19 in detail. He noted that the Shade Tree Commission approved the application, in their report dated October 28, 2021, with comments that two silver maples trees to remain and construction barriers to be placed to protect the trees and roots. Board members were allotted time for questions of Engineer Hurless. There was a question about the pool equipment, and Engineer Hurless said the equipment must be set back the same as the pool. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes – December 16, 2021 - Page 2 A short break was taken at 7:28 PM at the request of the applicant. The meeting resumed at 7:33 PM. Discussion was opened to the public within 200 feet and beyond at 7:33 PM. Discussion was closed to the public at 7:34 PM. There was a discussion on removing the FAR variance with the architect to remove 149 square feet of floor area somewhere, and Solicitor King said it would have to be substantially similar or the application could be tabled. It was agreed that the application to be continued. Solicitor King announced that the application to be continued to the February 2022 meeting date (expected to be February 24, 2022) at 6:00 PM with no further notice being necessary. Chris Franzini, Agent for Parents Joseph and Judith Franzini 529 Bank Street Block 1054, Lot(s) 23 Attorney Robert Belasco introduced the application, Christopher Franzini, agent for his parents, Owners Joseph and Judith Franzini who were present in the audience, and Architect Linda Viventi. Architect Viventi and Chris Franzini were sworn in by Solicitor King. Engineer Craig Hurless remained under oath. Chris Franzini shared family’s history with the property, the existing uses, and the rear cottage/guest house that has no heat. He said they have no outside space for gathering and would like a front porch. Architect Viventi presented her credentials and was accepted as an expert by Chairperson Hutchinson. Architect Viventi shared Exhibit A-1, a rendering of the proposed front porch which will not encroach any further than existing. Architect Viventi said there will be no changes to the interior, and they are proposing adding two off-street parking spaces. She said the property can accommodate the proposed changes, and the project provides adequate light, air and open space with no substantial detriment to the public good, provides parking, the positive benefits outweigh the negative criteria and improves the space with no substantial impact on the zone plan nor zoning ordinance. Attorney Belasco said the project has preliminary HPC approval, Fire Department and Shade Tree Commission approval, and the applicants will maintain the holly bush in the rear yard. Board members were allotted time for questions. Member Notch asked about if three spaces for parking could be provided in the plan. There was a discussion on the proposed parking with the determination that there will be two paved parking spaces and one parking space of paver strips, with the design and location subject to the satisfaction of the Board Engineer. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes – December 16, 2021 - Page 3 Engineer Hurless then presented his memorandum dated October 8, 2021. Engineer Hurless described his completeness review and stressed that stormwater issues exist in the area and the landscaping plan needs enhancement. He described the variances required in detail with the need for a parking variance eliminated, and he found the existing condition not exacerbated by the proposed project. The General Review Comments 1-13 were reviewed and explained in detail with all items being classified as conditions of approval. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within 200 feet and beyond at 8:10 PM and closed with no public coming forward to comment. Solicitor King explained the vote to the Board. Motion was made by Mr. Murray to grant the variances for use (expansion of non- conforming use), lot size per family, building setback and expansion of nonconforming structure on nonconforming lot, with the parking variance eliminated, subject to all conditions of approval discussed at the meeting, including not removing the holly bush and adding paver space next to the driveway to eliminate the parking variance, and the conditions listed in the Board Engineer memorandum, by Craig Hurless, dated October 8, 2021 seconded by Mrs. Lukens and carried 7-0. Those in favor: Ms. Hesel, Mrs. Lukens, Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Board members expressed their reasons for their votes and made positive comments on the application. A short break was taken at 8:15 PM. The meeting resumed at 8:22 PM. John and Judith Ritz 1603 New Jersey Avenue Block 1186, Lot(s) 18.02 & 19 Attorneys Tom Hillegass and Kate Monzo, Owner John Ritz and Architect Paul Farnan were present for this application. Attorney Hillegass announced that they withdraw the appeal of the Zoning Officer and seek the variances only (given that variances had been previously granted). He gave a history of the building and said the applicants propose a dormer over the garage to add two bedrooms. Owner Ritz and Architect Farnan were sworn in by Solicitor King. Engineer Craig Hurless remained under oath. Owner Ritz shared his family’s history with the property since 2014 and said the plan is to replace attic space with rear dormers to add bedrooms for their grandchildren. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes – December 16, 2021 - Page 4 Architect Farnan presented his credentials and was accepted as an expert by Chairperson Hutchinson. Architect Farnan shared Exhibit A-1, a photo of the property. Architect Farnan said Brooklyn Avenue was a paper street when the home was constructed and said the front door of the house is on Brooklyn Avenue. He described the project in detail and said the project advances the purposes of zoning, the architectural character enhances the neighborhood, provides air, light and open space, a desirable visual environment, good civic design with no substantial detriment to the public, zone plan nor zoning ordinance. There was a discussion on the proposed rear yard setback with the determination that it is twenty-nine (29) feet versus the twenty-eight (28) feet listed in the Board Engineer’s memorandum dated December 10, 2021. Board members were allotted time for questions. Engineer Hurless then presented his memorandum dated December 10, 2021. Engineer Hurless described his completeness review and described the variances required in detail. The General Review Comments 1-11 were reviewed and explained in detail with all items being classified as conditions of approval. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within 200 feet and beyond at 8:50 PM and closed with no public coming forward to comment. Solicitor King explained the vote to the Board. Motion was made by Mrs. Lukens to grant the variances for lot size, lot width, building setback – Brooklyn Avenue, rear yard setback and nonconforming structure on nonconforming lot, subject to all conditions of approval discussed at the meeting and listed in the Board Engineer memorandum, by Craig Hurless, dated December 10, 2021 seconded by Mr. Ledwin and carried 7-0. Those in favor: Ms. Hesel, Mrs. Lukens, Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Motion made by Mr. Murray to adjourn the meeting at 8:53 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes – December 16, 2021 - Page 5