The Historic District Review Board denied a six-month extension for a previously approved Certificate of Appropriateness that lapsed on July 21, 2022. The extension aimed to facilitate the installation of a 3-foot-tall vinyl vertical panel fence in the front and side yards, alongside a 6-foot vertical panel privacy fence in the rear yard on the property.
Local realtor Barrett Cree was hoping to finish a fence project that had been delayed for various reasons, including a scarcity of contractors to do the work.
The meeting was contentious, as Mr. Cree voiced frustration with the town, and the HDRB, as well as a neighbor that, according to Cree, had worked diligently behind the scenes to subvert the project. Zoning Administrator Katie Nunez was called upon several times to bring order and clarity to the meeting, as well as redirecting and refocusing the board when they ventured off into the weeds.
Administrative approval for this extension was deemed not possible as the Certificate of Appropriateness expired more than a year ago. Additionally, vinyl was deemed an unsuitable fencing material according to the Cape Charles Historic District Overlay Design Guidelines, adopted by the Town Council on December 15, 2022. Consequently, the Historic District Review Board decided that an extension was not justified since the original application had expired.
What about the new vinyl fence installed on the 200 block of Washington Ave in the last 6-8 months
Editor’s note: In general: d. Inappropriate fencing types include:
i. Vinyl, PVC, or synthetic fences
unless meeting the requirements
outlined in Chapter x, Alternative
Materials. However, Section 10 of the Design Guidelines says under some circumstances, on a case by case basis, inappropriate materials may be used.
Does that make sense?
Should it?
Does anything in Cape Charles actually make any sense?
The vinyl fence located in The 200 block of Washington Ave. Was applied for in October of 2022. It Was denied and subsequently appealed. The homeowner won the appeal with the ZBA. Therefore the original application date of October would stand as the approval date. Mr. Crees situation quite different, but if there were extenuating circumstances that should be considered.