04/22/2021 - Zoning Board Meeting - Virtual

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, April 22, 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 04-22-2021: 1, Caruso, 315 Congress Street, seconded by Ms. Hesel and carried 5-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mrs. Nelson, Mrs. Notch, Mr. Murray. Those opposed: None. Those abstaining: Mrs. Lukens, Mrs. Hutchinson. Application(s): Walter and Anna DeForest 1620 New York Avenue Block 1186, Lot(s) 1.06 Attorney Ronald Gelzunas introduced the application and Professional Planner, Tiffany Morrissey. Planner Morrissey and Board Engineer Craig Hurless were sworn in by Board Solicitor Richard King. Planner Morrissey was accepted as an expert by Chairperson Hutchinson. Attorney Gelzunas described the project as a lap-type swimming pool. Planner Morrissey described the site and the history of the home built in 2006 with a drainage easement to the rear of the property. She went on to say that the project will reduce the paving area, and the pool meets the setback requirements with the drainage being a hardship. Planner Morrissey said that pools are not uncommon in the area, and the project advances the proposes of zoning by providing adequate light, air and open space and promoting public health and safety. She said the project will reduce an existing non-conforming condition. She added that the 2019 Master Plan ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- April 22, 2021 -- Page 1 recommended increasing lot coverage from thirty to forty percent and had it been implemented, a lot coverage variance would not be needed. Planner Morrissey said there are no negative criteria and no substantial detriment to the public good with the reduction in existing coverage so no overdeveloping the site. There was a discussion on lot coverage, and Attorney Gelzunas said lot coverage was recalculated to 34.85% after the driveway plan changed to include pervious materials. Attorney Gelzunas then introduced Owner Walter DeForest, who was sworn in by Solicitor King. Owner DeForest said he is a long-time member of the community, and the pool is for exercise and health reasons. Board members were allotted time for questions. Vice Chairperson Murray asked if there are trees to be removed, and Planner Morrissey said two trees are to be removed. There was a discussion on lot coverage, the layout of the pool, railings, fences and pool safety. It was determined that pool safety fencing between the 1.3 feet by 15 feet area where the pool abuts the home will be a condition of approval. The Board also expressed concern about the pool being so close to the home, and the Board was notified that the Fire Department approved the project in their report dated April 5, 2021. Engineer Hurless then presented his memorandum dated March 4, 2021. He advised the date of the Variance Plan by Engineering Design Associates is 2/11/2021. Engineer Hurless described his completeness review and the variances required in detail. The General Review Comments 1- 10 were reviewed and explained in detail with all items being classified as conditions of approval. Engineer Hurless highlighted that lot coverage and parking calculations must be added to the plan, no impact on the swale will be allowed, and the Shade Tree Commission approved the project in their report date April 5, 2021. Board members were allotted time for questions of Engineer Hurless. Engineer Hurless explained to the Board that when the swale fills up, water is discharged to the side. Discussion was opened to the public at 7:04 PM and closed at 7:07 PM with no public coming forward to comment. During this time, the Board Secretary attempted to return the phone call of the member of the public, who called at the beginning of the hearing of the application, with no answer to the Secretary’s calls. Solicitor King explained the vote to the Board. Motion was made by Mrs. Lukens grant the variances for lot coverage and pool setback from principal structure, subject to all conditions of approval discussed at the meeting and listed in the Board Engineer memorandum, by Craig Hurless, dated March 4, 2021 seconded by Mrs. Nelson and carried 5-2. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mrs. Nelson, Mrs. Hutchinson. Those opposed: Mrs. Notch, Mr. Murray. Those abstaining: None. Board members expressed their reasons for their votes. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- April 22, 2021 -- Page 2 At this time, the member of the public who had previously phoned regarding the application, called. The Board decided to listen to the caller even though the variances had been granted. Discussion was reopened to the public at 7:04 PM. Christopher Rohner, 1616 New York Avenue, was sworn in by Solicitor King. Mr. Rohner said he supports the application but is concerned about pool use after 9:00 PM. Owner DeForest replied that he will request that anyone at the home avoid making noise at the pool beyond 9:00 PM. Discussion was closed to the public at 7:20 PM. Joseph and Maureen McDade 1263 Pennsylvania Avenue Block 1139, Lot(s) 21 & 22.01 Attorney Anthony Monzo introduced the application, Owner Maureen McDade and Architect Linda Viventi of Architect with Design Collaborative. Owner McDade and Architect Viventi were sworn in by Board Solicitor Richard King. Architect Viventi presented her credentials and was accepted as an expert by Chairperson Hutchinson. Owner McDade provided a description of the existing conditions of the property and plans to expand and enclose the front porch which is hot during the day and exposed to mosquitos at night. She described the photos of Exhibit A-1 which include five properties with enclosed porches on Pennsylvania and Illinois Avenues. Architect Viventi said that the required setback is 25 feet while the current setback is 25.1 feet and the proposed setback is 23.1 feet and that porch could not be enclosed at the current size due to the minimum room size in the residential code. Architect Viventi explained that the proposed project advances the purposes of zoning by making the home more habitable and making additional investment in the home is beneficial to the neighborhood. She added that the purposes of zoning are advanced by providing adequate light, air and open space. She went on to say that the home is five feet back from the neighboring homes due to the staggering of houses, so the granting of the setback would make the home in line with the other houses in the neighborhood. Additionally, she said that Pennsylvania Avenue is a wide street and there will be forty feet to the front of the addition. Board members were allotted time for questions. Engineer Hurless then presented his memorandum dated March 11, 2021. He described his completeness review and the variances required in detail. The General Review Comments 1-8 were reviewed and explained in detail with all items being classified as conditions of approval. Engineer Hurless highlighted that the Shade Tree Commission, in their report of March 22, 2021, ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- April 22, 2021 -- Page 3 approved the project and required that the front yard caliper tree must be protected during construction. Board members were allotted time for questions of Engineer Hurless. There was a question about the neighboring homes meeting the setback. Attorney Monzo explained the staggered setbacks of the area homes. Discussion was opened to the public within 200 feet at 7:56 PM. Tina Loux, 1262 Pennsylvania Avenue, was sworn in by Solicitor King and spoke in support of the application. John Zelinski, 1310 Pennsylvania Avenue, was sworn in by Solicitor King and spoke in support of the application. Steve Goldberg, 1261 Pennsylvania Avenue, was sworn in by Solicitor King and stated he has no objection to the application. He asked for clarification on the setbacks and was advised that the setback of 21.3 feet was proposed. Discussion was opened to the public beyond 200 feet at 8:17 PM. Discussion was closed to the public at 8:17 PM. Solicitor King explained the vote to the Board. Motion was made by Mr. Murray approve the variance, subject to all conditions of approval discussed at the meeting and listed in the Board Engineer memorandum, by Craig Hurless, dated March 11, 2021 seconded by Mr. Van de Vaarst 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. Motion made by Mrs. Nelson to adjourn the meeting at 8:20 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- April 22, 2021 -- Page 4