10/28/2021 - Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, October 28, 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 Absent Mrs. Werner Absent Ms. Hesel Present Mr. Van de Vaarst Present Mrs. Lukens Present Mr. Ledwin Present Mrs. Notch (Alt. 1) Present Mr. Walsh (Alt. 2) Present Also Present: Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer Karen Keenan, Board Assistant Oath of Office: The Oath of Office was administered by Solicitor King to new member Timothy Walsh. Mr. Walsh was welcomed back to the Board by the members. Minutes: Motion was made by Mr. Van de Vaarst to adopt the meeting minutes of January 28, 2021, seconded by Ms. Hesel and carried 5-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mrs. Notch, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mr. Ledwin, Mr. Walsh. Motion was made by Mrs. Lukens to adopt the meeting minutes of February 25, 2021, seconded by Mr. Van de Vaarst and carried 5-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mrs. Notch, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mr. Ledwin, Mr. Walsh. Motion was made by Ms. Hesel to adopt the meeting minutes of September 23, 2021, seconded by Mrs. Hutchinson and carried 1-0. Those in favor: Ms. Hesel. Those opposed: None. Those abstaining: Mr. Van de Vaarst, Mrs. Lukens, Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mrs. Hutchinson. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes - October 28, 2021 - Page 1 Resolution(s): Motion was made by Ms. Hesel to adopt Resolution number 10-28-2021: 1, Black, 912 Corgie Street, seconded by Mr. Ledwin and carried 4-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mr. Ledwin, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mrs. Lukens, Mrs. Notch, Mr. Walsh. Motion was made by Mr. Van de Vaarst to adopt Resolution number 10-28-2021: 2, Cape May Sea Glass Properties, LLC, 933 Beach Avenue, seconded by Ms. Hesel and carried 3-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mrs. Lukens, Mr. Ledwin, Mrs. Notch, Mr. Walsh. Application(s): John & Judith Ritz 1603 New Jersey Avenue Block 1186, Lot(s) 18.02 & 19 Solicitor King announced that this application was adjourned to the November 18, 2021 meeting with no further notice being required. Daniel & Karen Gounaris 515 Bank Street Block 1054, Lot(s) 19 Attorney Jeffrey Barnes appeared with Architect Pamela Fine, Engineer and Professional Planner Jay Sciullo and Owner Daniel Gounaris. Attorney Barnes described the property and application for partial demolition, alterations and elevation of the two story single family home including adding a new covered porch, new rear screened porch, new covered rear deck, new detached garage and an in-ground swimming pool. He said there is parking for one vehicle on site. Attorney Barnes shared that the Historic Preservation Commission has approved the project for the contributing property in the Historic District. Owner Gounaris, Architect Fine, Engineer Sciullo and Board Engineer Craig Hurless were sworn in by Board Solicitor Richard King for the record. Owner Gounaris shared his ownership of the property and the plan to renovate the property in order retire at the residence and to accommodate his expanding family. Architect Fine was accepted as an expert by the Board. She described the plan to remove various additions to the original structure and the plan for the new two story addition, elevation of the structure three feet to comply with the flood ordinance and to move the house back to make the porch usable while maintaining the sight line. Architect Fine explained that the lot coverage will be reduced from 51.3% to 44% by using pavers and tire strips in the driveway and parking will ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes - October 28, 2021 - Page 2 be increased from one parking space to three parking spaces. She showed and described the following drawings: SU-1 Existing Floor Plan, SU-2 Existing Elevations, P-1 Proposed Floor Plans, and P-2 Proposed Elevations that show the new garage, exterior shower and pool equipment. Board members were allotted time for questions. Member Walsh asked about the driveway. It was later determined that the driveway will be centered between the stairs and side lot to leave three feet to the property line. Engineer Sciullo provided his background and was accepted as an expert by the Board. He said that the lot size is a hardship, as there is no additional land to purchase. He said that the additional encroachment of the front yard setback is due to the elevation of the steps and to keep the porches in line. He added that the side yard setback variance is needed in order to provide compliant parking. He said the application qualifies for C-1 and C-2 variances, because there is a hardship of existing non conformity that they cannot change and the application advances the purposes of zoning and the positives outweigh any negatives. The Board was allotted time for questions of Engineer Sciullo. Board Engineer Hurless then summarized his report dated July 6, 2021. He described his completeness review, comments for variances and general review comments 1-14 in detail. He noted that the Shade Tree Commission approved the application with no comments in their report dated September 22, 2021. Engineer Hurless said the applicant is going to move the structure back so there is more light, air and open space and feels this is a better zoning alternative and the best location on the lot. He explained that an outside shower cannot be attached to the garage under the current code, and that he has no issue with the variance for it. The applicant agreed to the conditions of approval. Board members were allotted time for questions of Engineer Hurless. Member Walsh asked about the height of the retaining wall and the elevation property. Engineer Hurless said the elevation change is approximately 1.12 feet and retaining walls can be no higher than two feet. Discussion was opened to the public within 200 feet and beyond at 6:56 PM and closed with no public coming forward to comment. Board Solicitor King explained the vote to the Board. Motion was made by Mr. Ledwin to grant the variances 1 through 4 listed on page 3 of the memorandum from Board Engineer Craig R. Hurless, PE, PP, CME, dated July 6, 2021 subject to the conditions discussed at the meeting, including change to stormwater drainage, no use of the attic as habitable space, and driveway to be shifted over as per the discussion of the Board Engineer and the applicant, and outlined in the memorandum from Board Engineer Craig R. Hurless, PE, PP, CME, dated July 6, 2021, seconded by Mrs. Lukens and carried 7-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes - October 28, 2021 - Page 3 Board members explained their votes and made positive comments on the application. Motion made by Mr. Ledwin to adjourn the meeting at 6:59 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes - October 28, 2021 - Page 4