September 24 Zoning Board Meeting - Virtual

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, September 24, 2020 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 Mr. Iurato Absent Mrs. Werner Present Ms. Hesel Present Mr. Van de Vaarst Present Mrs. Lukens Absent Mrs. Nelson (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 Minutes: Motion was made by Mrs. Nelson to adopt the meeting minutes of August 27, 2020, seconded by Mr. Van de Vaarst and carried 6-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Van de Vaarst, Mrs. Nelson, Mr. Walsh, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mr. Murray. Application(s): Peter and Darlene Sherman 1525 New Jersey Avenue Block 1175, Lot(s) 5 Attorney Jeffrey Barnes introduced the application to enclose an open deck with screen and install fiberglass above it and described the property as a single family dwelling on an undersized lot. Owner Peter Sherman and Surveyor Hal Noon were sworn in along with Board Engineer Craig Hurless by Board Solicitor Richard King for the record. Applicant Sherman gave history of ownership of the property and described his family as growing and the possibility of his retiring to the property. He went on to say that they want to enclose the porch for more space for his expanding family and for temperature and mosquito control on the same footprint. The Board was allotted time for questions of Mr. Sherman. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes - September 24, 2020 - Page 1 Land Surveyor and Professional Planner Hal Noon of GeoServe provided his background and was accepted as an expert. Mr. Noon described the zoning analysis he performed and the ordinance regarding open decks counting at 50% while a solid deck above it will change the percentage to 100% due to the water runoff. He testified that the applicant is staying in the existing footprint and water runoff is easily handled. Mr. Noon described the variances needed as lot coverage with all others variances needed are preexisting conditions. Solicitor King asked about preexisting variances, and Attorney Barnes replied that there are variances granted under two resolutions for this property, specifically Resolution 2-12-92: 3 and Resolution 1-25-2007: 6. Mr. Noon testified regarding the C-1 criteria and said that there is a hardship, as the lot is undersized. He went on to say that he believes the project will not affect the Zoning Plan or Zoning Ordinance nor have any negative impact on the neighbors. The Board was allotted time for questions of Mr. Noon. Board Engineer Hurless then summarized his report dated July 27, 2020. He reviewed the variances required (page 2 of 4): lot size, lot width and lot frontage, side yard setback, lot coverage, and nonconforming structure on nonconforming lot. The General Review Comments 1-8 (pages 3 and 4 of 4), were reviewed and explained in detail, with all items being classified as conditions of approval, including Historic Preservation Commission approval. Mr. Hurless stated that the Shade Tree Commission report dated August 1, 2020 shows approval of the project. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within 200 feet at 6:38 PM, beyond 200 feet at 6:40 PM and closed at 6:41 PM with no public coming forward to comment. Attorney Barnes reported that the Fire Department approved the project in their report dated August 3, 2020. Motion was made by Mr. Murray to approve the application and grant the variances relating to lot coverage and side yard under the C-1 or C-2 standard subject to conditions discussed at the meeting and outlined in the memorandum from Board Engineer Craig R. Hurless, PE, PP, CME, dated July 27, 2020, seconded by Ms. Hesel and carried 7-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Van de Vaarst, Mrs. Nelson, Mr. Walsh, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. John and Patrizia Delowery 1013 Cape May Avenue Block 1106, Lot(s) 31 Mr. Van de Vaarst recused himself from the application. Attorney Ronald Gelzunas, Esq. introduced the application as a project to construct a new home and detached garage on the property with a variance needed for the garage too close to the primary structure. Owners John and Patrizia Delowery and Architect Deborah Slaunwhite of Asher Slaunwhite Architects, LLC, were sworn in by Board Solicitor Richard King for the record. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes - September 24, 2020 - Page 2 Architect Slaunwhite presented her credentials and was accepted as an expert by the Board. Architect Slaunwhite described the existing conditions and the proposal by sharing her screen of Sheet V-3, that was included in the architectural drawings of the application. Architect Slaunwhite then showed Sheet V-1 which includes the zoning chart which shows that the house is smaller than what is allowed. Architect Slaunwhite said the intention is to appear as a bungalow style cottage that is traditional to Cape May, and the nonconformance is only at one point--the corner of the dwelling to the garage. Applicant Trish Delowery described their current Cape May property where they have been full- time residents since 2016 and said that a garage is important for them. Mrs. Delowery said that they need more garage space, and the new home will be their primary residence. Board members were allotted time for questions of the architect and homeowners. Vice Chairperson Murray asked about the front yard setback being 26 feet, and Architect Slaunwhite confirmed and added that the structure could not be moved closer to Cape May Avenue due to the porch roof overhang. Board Engineer Hurless then summarized his report dated August 20, 2020. He reviewed the waivers requested (page 2 of 5) that he supported but should be conditions of approval should the Board approve the project and the variance required (pages 3 and 4 of 5): garage distance from structure, where ten feet is required and five feet is proposed. The General Review Comments 1- 11 (pages 4 and 5 of 5), were reviewed and explained in detail, with all items being classified as conditions of approval. Mr. Hurless stated that the Shade Tree Commission report dated September 7, 2020 and the Fire Department report dated September 4, 2020 both show approval of the project. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within 200 feet at 7:14 PM, beyond 200 feet at 7:16 PM and closed at 7:16 PM with no public coming forward to comment. Board Solicitor King explained the vote to the Board. Motion was made by Mrs. Nelson to approve the project and grant the variance related to the distance from the garage to the principal residence as presented subject to conditions discussed at the meeting and outlined in the memorandum from Board Engineer Craig R. Hurless, PE, PP, CME, dated August 20, 2020, seconded by Mrs. Werner and carried 6-0. Those in favor: Mrs. Werner, Ms. Hesel, Mrs. Nelson, Mr. Walsh, 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 Mrs. Nelson to adjourn the meeting at 7:18 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes - September 24, 2020 - Page 3