12/28/2023 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, December 28, 2023 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Terri Werner at 6:05 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 Present Ms. Sheehan Present Mr. Walsh Present Mr. Zektzer Present 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 Mrs. Notch to adopt the meeting minutes of November 9, 2023, seconded by Mr. Ledwin and carried 5-0. Those in favor: Mr. Ledwin, Ms. Sheehan, Mr. Walsh, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mrs. Notch, Mr. Zektzer. Resolution(s): Motion made by Mr. Ledwin to adopt Resolution number 12-28-2023: 1, as amended, Anthony and Eileen Matarazzo, 29 Harbor Cove, seconded by Mr. Venuto and carried 5-0. Those in favor: Mr. Ledwin, Ms. Sheehan, Mr. Walsh, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: Mrs. Notch, Mr. Zektzer. Application(s): Abby’s Cove LLC (Andrew Drake) 1302 Texas Avenue, Block 1159, Lot(s) 3.02 Robert Germon, owner of Abby’s Cove LLC (applicant), a small construction company and handyman service, appeared with property owner, Dr. Andrew Drake, seeking a variance for relief City of Cape May Zoning Board of Adjustment Meeting Minutes, December 28, 2023 Page 1 from §525-60J(6) minimum roof slope. Applicant Germon, Owner Drake and Board Engineer Craig Hurless were sworn in by Solicitor King for the record. Applicant Germon referred the board to various parts of the application including the written explanation that the roof pitch would be four feet eleven and a half inches at the lower end of the porch, and the proposed pitch of 1.2 inches per foot would carry rainwater and allow sufficient headroom. Additionally, he referred to the photos provided in the application and described the sketch of the roof with the proposed pitch. He said the existing second floor windows prevent the ability to use a pitch that meets the minimum roof pitch. Board members were allotted time for questions. Member Sheehan asked how the porch would be from the property line for this previously subdivided lot. Applicant Germon replied that he was unsure but noted that the project was approved by zoning with the exception of the roof pitch. Member Notch asked if the deck is twelve feet and if the roof affects any of the windows. Applicant Germon confirmed the deck is twelve feet and explained the layout of the screened porch. Member Notch asked about egress, and Applicant Germon replied there will be no egress from the house. Engineer Hurless then summarized his memorandum dated October 18, 2023 including his completeness review with the one waiver he supported and his comments on the variance required for this project. He explained that the configuration of the windows on the second floor impacts the pitch of the proposed porch roof. Engineer Hurless read from the ordinance: “no residential structure shall be constructed with a roof having a pitch less than four inches in 12 nor greater than 12 inches in 12; provided that this Subsection J(6) shall not apply to the construction of a mansard roof” and stated the applicant proposed a screened porch addition to have a roof with a 1.2 inches in 12 inch slope. 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 and Public Works Departments approved the project with no conditions. The Shade Tree Commission approved the project on the condition that trees along the side fence be protected during construction to avoid damage to them. The applicant agreed to this condition and all of the conditions of approval. Board members were allotted time for questions of Engineer Hurless. Vice Chairperson Venuto asked about potential problems with the lack of roof slope. Engineer Hurless said he believes the minimum roof slope is due to the historic district in the city. He said this property is not in the historic district. Member Zektzer asked if there are structural reasons for this to be in the ordinance, and Engineer Hurless replied that he believes it is more a visual or architectural reason versus a structural reason. Discussion was opened to the public within two hundred feet and beyond at 6:18 PM. Discussion was closed to the public at 6:18 PM. City of Cape May Zoning Board of Adjustment Meeting Minutes, December 28, 2023 Page 2 Solicitor King explained the vote to the Board. He clarified that the proposed deck is in the rear of the structure. Motion was made by Ms. Sheehan to grant the application variance for minimum roof slope, subject to all conditions discussed at the hearing including condition 18 listed on page two and conditions 1-9, as outlined on pages three and four in the memorandum, by Board Engineer Craig R. Hurless, PE, PP, CME, dated October 18, 2023 and the Shade Tree Commission condition listed in their report dated November 3, 2023, 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. Lisa Caselton 217 Perry Street, Block 1038, Lot(s) 5.01 Chairperson Werner and Solicitor King announced this application is adjourned to the January 25, 2024 meeting with no further notice required. Dev Jagadesan 918 Columbia Avenue, Block 1089, Lot(s) 8 Member Sheehan recused herself from the application, as she owns property within two hundred feet. Attorney Charles Sandman III introduced the application. Owner Jagadesan and Professional Engineer and Planner Rami Nassar of Schaeffer Nassar Scheidegg Consulting Engineers LLC were sworn in by Solicitor King. Engineer Hurless remained under oath. Chairperson Werner accepted Planner Nassar as an expert in engineering and planning. Owner Jagadesan gave a history of his ownership of the property which consists of a principal structure with a connected garage with an apartment on the second story. He explained the entire property was rented as two units: the principal structure and the garage apartment until ten years ago when he exclusively began using the garage apartment for personal use. Owner Jagadesan explained he wants to construct a second floor porch in the front of the garage to personally use for outdoor space. Board members were allotted time for questions. Planner Nassar described the plan for the porch as an exacerbating non-conforming use needing a use variance. He testified that the variance is de minimus with a small corner violating the side yard setback. He said there is no impairment to the zone plan nor zoning ordinance. Solicitor King asked for further explanation. Planner Nassar said the side yard setback is a c(1) variance due to the odd shape of the lot and existing location of the structure and the rear yard setback is a c(2) variance as the existing structure is closer than the new structure. He said the existing non- conforming use is the same as the proposed, and the large lot can accommodate. City of Cape May Zoning Board of Adjustment Meeting Minutes, December 28, 2023 Page 3 Member Walsh asked how the deck is accessed. Attorney Sandman said access is through a first floor garage side door with a door proposed to access the deck from the second floor. Member Notch asked if the proposed deck would interfere with the use of the garage for cars. Owner Jagadesan replied that he does not use the garage for parking cars. Engineer Hurless commented that he asked in his memorandum for demonstration of compliant parking on the plans. Owner Jagadesan said they have parked five cars in the driveway during the summer months. Planner Nassar said they will show parking for five spaces on revised plans. There was a discussion on the presentation of the application to the Historic Preservation Commission (HPC). Attorney Sandman stated they were unaware they had to present the application to the HPC. Owner Jagadesan said he started the project without a permit based on bad advice. He stopped the project once he was aware that he needed a permit. Member Venuto asked about the door configuration, and Owner Jagadesan said the door will replace an existing window. Engineer Hurless then summarized his memorandum dated September 1, 2023 including his completeness review with the four waivers he supported and his comments on the three variances required for this project. He explained that the zoning ordinance requires only one principal building, structure or use, so a use variance is required for any expansion of the nonconforming use at this property with two dwelling units. The General Review Comments 1-11 were reviewed and explained in detail with all items being classified as conditions of approval. He said the plans need revision, including support posts are to be shown on the plans and driveway widening may be required. Engineer Hurless advised the Fire and Public Works Departments and Shade Tree Commission approved the project with no conditions. Board members were allotted time for questions of Engineer Hurless. Solicitor King explained that a d(2) variance still requires special reasons, and the existing aesthetics can be a special reason for the expansion of the non-conforming use. He said there is no internal expansion in this case—it’s a porch which is favored in Cape May. Planner Nassar testified the applicant will not have to go downstairs to enjoy the outdoors, the property will be better looking and adding to the character of the property. Board members asked for more detailed design drawings and were concerned about aesthetics and the HPC review. Solicitor King advised that five positive votes are needed for approval of the use variance. He offered an option to refer the application to the HPC, so they can review for conceptual approval. Discussion was opened to the public within two hundred feet at 7:04 PM. City of Cape May Zoning Board of Adjustment Meeting Minutes, December 28, 2023 Page 4 Stacy Sheehan, 928 Columbia Avenue, was sworn in by Solicitor King. Solicitor King instructed her to testify on how the application impacts here and to refrain from talking about past votes of the board. Ms. Sheehan asked if there is an additional living space on the ground floor of the garage. Owner Jagadesan replied the area is used for storage, tools, foosball and ping pong tables, golf cart parking and bikes. He said there is no living space there. Solicitor King asked if there is heating and air conditioning, and Owner Jagadesan replied no. Ms. Sheehan asked if the garage front doors will change, and Owner Jagadesan said no. Discussion was closed to the public at 7:06 PM. Motion was made by Mr. Ledwin to table the application for sixty days to allow the applicant to go the Historic Preservation Commission for conceptual approval and to resubmit plans to the board at least ten days prior to the April 25, 2024 with no further notice required, seconded by Mr. Walsh and carried 6-1. Those in favor: Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: Mr. Bodnar. Those abstaining: None. Chairperson Werner stated that she felt the application was incomplete and parking is also an issue. Solicitor King announced this application is adjourned to the April 25, 2024 meeting with no further notice required. Member Sheehan returned to the meeting. Discussion: Payment of Bills Motion made by Mrs. Notch to approve the payment of bills, seconded by Mr. Zektzer 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: Member Bodnar shared he represents the Zoning Board as a member of the committee formed to discuss artificial turf and asked board members to contact him with any thoughts they have regarding this topic. Motion made by Mr. Ledwin to adjourn the meeting at 7:16 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, December 28, 2023 Page 5