07-22-2021 Zoning Board Meeting - Auditorium

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, July 22, 2021 Opening: The in-person meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Diane Hutchinson at 6:00 PM. 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 Absent Mr. Ledwin 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 Resolution(s): Motion was made by Mr. Van de Vaarst to adopt Resolution number 07-22-2021: 1, Walchak, 834 Lafayette Street, seconded by Mr. Murray and carried 7-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mr. Ledwin, Mrs. Nelson, Mrs. Notch, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Motion was made by Mr. Ledwin to adopt Resolution number 07-22-2021: 2, Lord, 9 Harbor Cove, seconded by Mrs. Nelson and carried 7-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mr. Ledwin, Mrs. Nelson, Mrs. Notch, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Motion was made by Mrs. Nelson to adopt Resolution number 07-22-2021: 3 as amended, Elaine’s Property Management, 513 Lafayette Street, seconded by Mr. Van de Vaarst and carried 7-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mr. Ledwin, Mrs. Nelson, Mrs. Notch, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Application(s): Bassett Family LLC 701 Kearney Avenue Block 1063, Lot(s) 9 Solicitor King announced that this application was adjourned to the September 23, 2021 meeting with the applicant to notice again but not required. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- July 22, 2021 -- Page 1 David & Eugenia Gray 306 Congress Street Block 1026, Lot(s)19 Attorney Jeffrey Barnes appeared with Engineer Jay Sciullo and applicant David Gray. Attorney Barnes described the application for HVAC on a raised platform and the property as a one and a half story structure with parking for one vehicle on site. He shared that the Historic Preservation Commission has approved the project. Owner Gray, Engineer Sciullo and Board Engineer Craig Hurless were sworn in by Board Solicitor Richard King for the record. Owner Gray explained that he has owned the property for a year and has been using four to five window air conditioning units. He said they converted their oil heating system to gas and now want to add central air conditioning. Their contractor found that the best location for the new unit is on the right side of the property as the left side of the property is where the parking is located. He shared that he contacted his neighbors and they do not object to the location of the unit. Board members were allotted time for questions of Owner Gray. Engineer Sciullo provided his background for the Board and was accepted as an expert by the Board. He showed the Variance Plan sheet that was included in the application and said that the application qualifies for C-1 and C-2 variances because it advances health, safety and welfare, the window units will be removed and the positives outweigh any negatives. The Board was allotted time for questions of Engineer Sciullo. Attorney Barnes noted that the Shade Tree Commission approved the project in their report dated July 21, 2021 with one comment that the front street tree is to remain, which the applicant accepted as a condition of approval. He also noted that the Fire Department approved the project in their report dated June 30, 2021. Board Engineer Hurless then summarized his report dated May 28, 2021. He said this is a nonconforming structure on a nonconforming lot and there is nowhere else to put the air conditioning except on the roof. He explained that the lot coverage will be increased to 65.4% from 64.8% and that the project must meet the City’s Chapter 258 Flood Damage Protection requirements and all other conditions of approval listed in the General Review Comments of his report Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within 200 feet and beyond at 6:28 PM and closed with no public coming forward to comment. Board Solicitor King explained the vote to the Board. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- July 22, 2021 -- Page 2 Motion made by Mr. Ledwin to grant the variances requested 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 May 28, 2021, seconded by Mr. Murray and carried 7-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mr. Ledwin, Mrs. Nelson, Mrs. Notch, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Motion made by Mrs. Nelson to adjourn the meeting at 6:29 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes -- July 22, 2021 -- Page 3