02-25-2021 Zoning Board Meeting - Virtual

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, February 25, 2021 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 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 Mrs. Werner Absent Ms. Hesel Present Mr. Van de Vaarst Present Mrs. Lukens Present Vacant --------- 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 Resolution(s): Motion was made by Mrs. Nelson to adopt Resolution number 02-25-2021: 1, Hess, 1249 Lafayette Street, seconded by Mr. Murray and carried 7-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mrs. Nelson, Mrs. Notch, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Application(s): Dillon Mullock 825 Corgie Street Block 1091, Lot(s) 4 Attorney Brock Russell introduced the application and Owner Dillon Mullock. Owner Mullock and Board Engineer Craig Hurless were sworn in by Board Solicitor Richard King. Attorney Russell described the project as the addition of an eight-foot wide front porch the width of the front of the house on an undersized lot. Owner Mullock shared his ownership of the property since 2016. He said that the four houses to the left of his house all have a similar porch to his proposed porch. Owner Mullock referred to photos in the application and described the improvements that he has made to the property. He said he is seeking a front setback variance and is not changing the height of the building, which he said is approximately 28 feet. There was a discussion on the variances required for the application. Owner Mullock shared that the Historic Preservation Commission (HPC) and Fire Department approved the project. He went on ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- February 25, 2021 -- Page 1 to say that the proposed deck promotes a desirable visual environment, conserves historic sites and districts, and provides adequate light, air and open space. Board members were allotted time for questions. Engineer Hurless then presented his memorandum dated January 5, 2021. He described his completeness review and the variances required in detail. The General Review Comments 1-9 were reviewed and explained in detail with all items being classified as conditions of approval. Engineer Hurless said that the Fire Department’s report dated January 22, 2021 indicated approval of the project with no comments. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public at 6:38 PM and closed with no public coming forward to comment. Chairperson Hutchinson shared the HPC’s positive comments on the project, as shown in the application materials, and that the project, among others, at the property received favorable approval, dated May 11, 2020, from the Vice Chairperson of HPC. Motion was made by Vice Chairperson Murray to grant the variances numbered 1 through 5 as outlined on page 3 of the Board Engineer’s memorandum by Craig R. Hurless, PE, PP, CME, dated January 5, 2021, consistent with the chart, as amended, including lot size, lot width and frontage, building setback, side yard setbacks, and parking subject to conditions of approval discussed at the meeting and listed conditions of approval 1 through 9 as outlined on page 5 and 6 of the memorandum seconded by Mrs. Lukens and carried 7-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mrs. Nelson, Mrs. Notch, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Board members made positive comments on the project and expressed their reasons for their votes. Theodore and Patricia Anderko 815 Columbia Avenue Block 1075, Lot(s) 8 Attorney Ron Gelzunas introduced the application, which has conceptual approval from the HPC, Owner Ted Anderko and Engineer Marc DeBlasio. Owner Anderko and Engineer DeBlasio were sworn in by Solicitor King. Engineer DeBlasio listed his credentials and was accepted as an expert by Chairperson Hutchinson. Engineer DeBlasio shared his screen and showed parts of the application including photos and the existing conditions of the two buildings at the property that he said is oddly shaped like a pie. He said that the project will comply with the HPC guidelines and is for second floor addition of two additional bedrooms and 350 square feet of space. Engineer DeBlasio said that the expansion of nonconforming use is needed as there are two principal dwellings on the property. His opinion ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- February 25, 2021 -- Page 2 is that there are special reasons and purposes of zoning to grant the D2 variance as there will be enhanced safety from the new stormwater plan, bringing to code the removal of the steps, and conservation and promotion of historic sites by using materials that are consistent with HPC guidelines. Owner Anderko said that he plans to retire at the property and needs a larger master bedroom, master bath and kitchen to accommodate year round living. Board members were allotted time for questions of Engineer DeBlasio and Owner Anderko. Engineer Hurless asked about the inconsistences of the plans and for clarification of JR Betts AR- 1 that shows a different stair configuration specifically rebuilding of the front steps and possible encroachment into the right of way. Mr. Anderko said, and Engineer DeBlasio confirmed, that the current configuration is in the right of way and the new configuration will have the steps out of the right of way. After discussion, it was determined that the stairs will be out of the right-of- way with a setback of between 0 and two feet. Engineer Hurless then presented his memorandum dated January 13, 2021. He described his completeness review and the variances required in detail. The General Review Comments 1-15 were reviewed and explained in detail with all items being classified as conditions of approval. Engineer Hurless shared the Shade Tree Commission (STC) February 1, 2021 report with conditional approval and comments concerning a large tree in the middle of the property, not the pine tree, and the proposed deck and addition. Owner Anderko said the tree is hollow and rotted and will need to be removed. Owner Anderko said he will comply with the conditions of the STC. Engineer Hurless said that to comply with the STC, a permit application must be submitted for tree removal approval by the STC. Engineer DeBlasio asked Engineer Hurless about acceptable options for General Review Comment 9 that a concrete driveway apron be provided on Page Street, and it was determined that the pavement edge to be pavers or concrete curbing with one and one half inches lip to protect the edge of the roadway. Engineer Hurless said the goal is to stabilize the edge of the pavement. Discussion was opened to the public within 200 feet at 7:33 PM. Pamela DeBlasio, 608 Jefferson Street, said she supports the application and believes the improvements will also help drainage for their property. Discussion was opened to the public beyond 200 feet at 7:36 PM. Discussion was closed to the public at 7:37 PM. Attorney Gelzunas made his closing comments on the application. Solicitor King explained the vote to the Board. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- February 25, 2021 -- Page 3 Motion was made by Mrs. Nelson to grant the use variance for the expansion of a non- conforming use and additional variances numbered 2 through 5 as outlined on page 3 of the Board Engineer’s memorandum by Craig R. Hurless, PE, PP, CME, dated January 13, 2021, consistent with the chart, as modified such that the stairs in the front are either going to be at 0 to 2 feet or somewhere in between but will not encroach into the right of way, including lot size per family, lot width and lot frontage, building setback, and side yard setback, subject to conditions of approval discussed at the meeting and listed conditions of approval set forth by the Board Engineer in the memorandum, 1 through 15 as listed on page 5 and 6 of the memorandum and will comply with the Shade Tree Commission letter dated 1/22/2021, and the concrete driveway will be replaced with a pavement edge with existing stone, seconded by Mr. Murray and carried 7-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mrs. Nelson, Mrs. Notch, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Board members made positive comments on the project and expressed their reasons for their votes. Motion made by Vice Chairperson Murray to adjourn the meeting at 7:44 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- February 25, 2021 -- Page 4