01-28-2021 - Zoning Board Meeting - Virtual

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, January 28, 2021 Opening: In compliance with the Open Public Meetings Act of 1975, adequate notice of the meeting was provided. Chairperson Hutchinson called the meeting to order at 6:00 P.M virtually via Zoom and streamed live on Facebook. In compliance with the Open Public Meetings Act, adequate notice was provided. Roll Call: Mrs. Hutchinson, Chairperson Present Mr. Murray, Vice Chairperson Present Mr. Iurato Absent Mrs. Werner Present Ms. Hesel Present Mr. Van de Vaarst Present Mrs. Lukens Present Mrs. Nelson (Alt. 1) Present Mrs. Notch (Alt. 2) Present Also Present: Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer Karen Keenan, Board Assistant Reorganization Oaths of Office: Oaths of Office: Members with expiring terms and new member Mary Notch took the Oath of Office. Chairperson: Motion made by Mr. Murray to nominate Diane Hutchinson for Chairperson, seconded by Mrs. Nelson and carried 6-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mrs. Nelson, Mr. Murray. Those opposed: None. Those abstaining: Mrs. Hutchinson. Vice Chairperson: Motion made by Mrs. Nelson to nominate William Murray as Vice Chairperson, seconded by Mr. Van de Vaarst and carried 6-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mrs. Nelson, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mr. Murray. Board Attorney: Motion made by Mrs. Lukens to appoint Richard King, Esquire, as Board Attorney, seconded by Ms. Hesel and carried 7-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Van de City of Cape May Zoning Board of Adjustment Meeting Minutes January 28, 2021 Page 1 Vaarst, Mrs. Lukens, Mrs. Nelson, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Board Engineer: Motion made by Mrs. Nelson to appoint Craig R. Hurless, PE, PP, CME of Polistina & Associates as Board Engineer, seconded Mr. Van de Vaarst and carried 7-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mrs. Nelson, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Meeting Dates and Time: Motion made by Mrs. Werner to adopt the meeting dates and time for the 2021 Zoning Board of Adjustment, with no change to the meeting time, seconded by Mrs. Nelson and carried 7-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mrs. Nelson, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Official Newspapers: Motion made by Mrs. Nelson to designate Cape May County Herald and the Press of Atlantic City as official newspapers for public noticing purposes, seconded by Mrs. Lukens and carried 7-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mrs. Nelson, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Resolutions: Motion was made by Mrs. Lukens to adopt Resolution number 01-28-2021: 1, Accepting Board Attorney contract with no changes from the prior year, seconded by Ms. Hesel and carried 7-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mrs. Nelson, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Motion was made by Mrs. Nelson to adopt Resolution number 01-28-2021: 2, accepting the Zoning Board Engineer contract, seconded by Mr. Van de Vaarst and carried 7-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mrs. Nelson, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Applications: Lisa Stroud 227 Grant Street Block 1022, Lot(s) 32 & 33 Robert Belasco, attorney for the applicant was present and said that the applicant’s engineer has been appointed as the City Engineer, and the application must locate a new engineer. Attorney Belasco said that the applicant waives time for decision on the application. Solicitor King announced that this application will be adjourned to the February 25, 2021 meeting with no further notice being required. Solicitor King also advised that he is a likely objector for this application and that Robert Kaufman will appear as the Board Attorney for the hearing of this application. City of Cape May Zoning Board of Adjustment Meeting Minutes January 28, 2021 Page 2 Irvin and Lucinda Hess 1249 Lafayette Street Block 1061, Lot(s) 95 & 96 Attorney Robert Sandman introduced the application for the property which he described as in poor condition and shared the history of the applicants’ ownership and projects at the property. Attorney Sandman listed those present for the application: Irvin Hess, Robert Bishop, President of Jersey National Title, Architect Pamela Fine, and John Gartland, neighbor, Engineer and Land Use Planner Tiffany Morrissey who stepped in for Vincent Orlando who had recently been named City Engineer. All individuals including Board Engineer Craig Hurless were sworn in for the record. Attorney Sandman shared that Owner Hess applied for a curb cut, and the Construction Official denied it because the roadway was built by an adjacent owner. An appeal of the decision was filed. He went on to say that a jurisdictional issue was raised, and he disagreed with it but agreed to seek approval of the second floor of the house, the pool and the garage. Solicitor King said that the proposed driveway in the rear connects with a road in Spicer Creek, and it was his opinion that the change to an approved site plan should be the decision of the Planning Board. He added that the application, which was referred to the Planning Board from the Zoning Board, is for an access point on a private property to a road on an adjacent property; because the Zoning Board does not have the jurisdiction to make a change to a site plan that was approved by the Planning Board. The objector agreed. Solicitor King said the Board will hear two variance requests: the second story and the garage. Attorney Sandman introduced Robert Bishop who was accepted as an expert in land title research and analysis. Mr. Bishop testified that lots 95, 97 and 98 were owned by Jeremiah Schellenger and were later sold to his sons. He said that when the lots were subsequently separated, the Hess property was granted an exclusive right to use the adjoining easement 10 feet along Lafayette and 152 feet on the rear. Board members were permitted time for questions of Mr. Bishop. Attorney Sandman introduced Architect Pamela Fine who was accepted as an expert by the Board and shared that she prepared drawings for the applicants and counted the easement as part of the lot in her calculations based on reliance of the Geosurv drawings. Board members were allotted time for questions of Architect Fine. John Gartland, who lives next door at 1253 Lafayette Street, was asked if he opposes the application. He said he absolutely supports the application including relief that the applicant seeks. He said he lives in Spicer Creek, which does not provide a lot of parking. Owner Irvin “Jim” Hess described the condition of the property as deplorable at the time of purchase. He shared that he learned of the error after the addition was constructed and the driveway was proposed. City of Cape May Zoning Board of Adjustment Meeting Minutes January 28, 2021 Page 3 Tiffany Morrissey presented her credentials and was accepted as an expert Engineer and Land Use Planner by the Board. She shared that she reviewed the application materials, professional reports and visited the site and neighborhood. Planner Morrissey shared her screen of the variance plan and described the positive and negative criteria. She said there is not impairment to the Zone Plan and the project is good civic design, promotes light, air and open space and an overall better zoning alternative. She said the applicant would like to flip the garage and driveway if the Planning Board does not permit rear access. Board members were allotted time for questions of Planner Morrissey. Attorney Sandman requested that pages 44 through 202 be preserved. Board members were allotted time for questions of Attorney Sandman. Board Engineer Craig Hurless, PE, PP, CME, then summarized his latest memorandum dated October 14, 2020. He reviewed the six (6) variances required in detail and detailed the general review comments with all items being classified as conditions of approval. Discussion was opened to the public within 200 feet at 7:47 PM. Discussion was opened to the public beyond 200 feet at 7:49 PM. Discussion was closed to the public at 7:50 PM. Solicitor King explained the vote to the Board Motion was made by Mrs. Nelson to reserve and transfer to the Planning Board, to be heard on February 9, 2021 with no further notice being required, the issue of the access into the adjacent property and to hold in abeyance the Board’s decision on the appeal of the Administrative Officer’s decision, to establish record of the application and exhibits, pages numbered 44 through 202 of the meeting application and exhibits of the PDF file that was posted on the City website, and to approve the six variances as listed on the memorandum of the Board Engineer Craig Hurless PE, PP, CME, dated October 14, 2020 with the option of the applicant to flip the location of the garage and driveway dependent on the outcome of the Planning Board hearing subject to the Board Engineer’s review and also subject to all conditions of approval discussed at the hearing and outlined in the review memorandum from Board Engineer Craig R. Hurless, PE, PP, CME, dated October 14, 2020 seconded by Mrs. Lukens and carried 7-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mrs. Nelson, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Members voiced their reasons for their votes in the positive for the record. Motion made by Mrs. Hutchinson to adjourn the meeting at 7:55 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Assistant City of Cape May Zoning Board of Adjustment Meeting Minutes January 28, 2021 Page 4