05/10/2022 Planning Board Meeting

City of Cape May Planning Board Meeting Minutes Tuesday, May 10, 2022 Opening: The meeting of the City of Cape May Planning Board was called to order by Chairperson Bill Bezaire at 6:31 PM in the City Hall Auditorium. In compliance with the Open Public Meetings Act, adequate notice was provided. Roll Call: Mr. Bezaire, Chairperson Present Mr. Jones, Vice Chairperson Present Mr. Belasco Present Mr. Crowley Present Mr. Gorgone Present Mayor Mullock Present Mrs. Reed Present Deputy Mayor Sheehan Present Mr. Lundholm Present Mr. Maloy Alt # 1 Present Mr. Padussis Alt # 2 Present Also Present: Richard King, Esquire, Board Solicitor Craig Hurless, Board Engineer and Planner Karen Keenan, Board Secretary Minutes: Motion made by Mr. Gorgone to approve the meeting minutes of April 26, 2022, seconded by Mr. Belasco and carried 8-0. Those in favor: Mr. Belasco, Mr. Gorgone, Mayor Mullock, Deputy Mayor Sheehan, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Jones. Those opposing: None. Those abstaining: Mr. Bezaire. Applications: Thomas DiDonato Cape May Cove LLC 1105 Pittsburgh Avenue 40 Harbor Cove 1134 Lafayette Street Block 1172, Lot(s) 4 (Subdivided Lots 4.01-4.13) Block 1113, Lot(s) 8 Attorney Christopher Baylinson introduced the application for amended final subdivision approval and request for relief from the on-site affordable housing condition to move the affordable housing City of Cape May Planning Board Meeting Minutes, May 10, 2022 1 off-site, as permitted by ordinance. He introduced applicant Thomas DiDonato and Linda Galella, Esq., who prepared the April 6, 2022 Statement of Compliance with Chapter 59, Article V of the Code of the City of Cape May, which was included as part of the application. Applicant DiDonato and Board Engineer and Planner Craig Hurless were sworn in by Solicitor King. Attorney Galella explained the City’s settlement agreement with Fair Share Housing Center includes this development’s two affordable units and indicates affordable housing units could be off-site, the Housing Element of the Master Plan includes it, and the ordinance permits it. She added the Board has discretion with the following when affordable housing sites are considered: is the location walkable and are the following nearby: stores, public transportation, supermarkets and the like. Solicitor King asked if the proposed units are architecturally of similar design. He felt that the new units look nothing like the approved plan’s units. Attorney Galella replied that the proposed units are off-site but Council on Affordable Housing (COAH) regulations indicated units are supposed to look like market rate units if are inclusionary units. She said off-site units do not have to look like the on-site market rate units. Applicant DiDonato commented that the Lafayette Street units blend in with the street and were built in 1952. He added that he would like to add Cape May flair to them. Deputy Mayor Sheehan said that four to five bedrooms at Cape May harbor compared to the Lafayette Street location’s two bedrooms are not like for like. Attorney Galella replied that the unit of credit is the same; the City loses nothing if the proposed amended plan is approved. Deputy Mayor Sheehan read from the August 25, 2020 minutes as follows: “Deputy Mayor Hendricks asked for a description side by side of the Pittsburgh Avenue affordable housing unit and a market rate unit. Architect Courter said they are almost identical in size. Engineer Orlando agreed that the lots are exactly the same size, and the sizes of the houses are almost identical.” Mayor Mullock asked Solicitor King about the meaning of like for like, and Solicitor King read the following from Planning Board Resolution No. 09-22-2020: 1: paragraph ten: Joseph Courter, Jr. testified as an Expert Architect. He confirmed, as did the Applicant’s Attorney and Engineer, the design and architectural features of the low-moderate income housing will be nearly identical to those of the other structure, and they will be virtually indistinguishable when viewed side-by-side on Pittsburgh Avenue. The Applicant understands this is an important concern of the Board, and the Board Engineer will have opportunity to review the detailed construction plans prior to issuing any building permit in order to confirm the homes are substantially similar in design and appearance. Attorney Galella said affordable housing off-site is not unusual and developers have been allowed to place affordable housing off-site in Stone Harbor and Mount Laurel. Deputy Mayor Sheehan said the area on Pittsburgh Avenue is more walkable, close to public transportation and near a laundromat. City of Cape May Planning Board Meeting Minutes, May 10, 2022 2 Member Reed wanted to know why the applicant wanted to move the affordable housing and felt that moving the affordable units is like kicking affordable housing down the road. Applicant DiDonato said the area is unaffordable. Engineer Hurless gave history of the preliminary site plan application presentation in 2017 when there was no provision in the affordable housing ordinance for off-site units. Engineer Hurless explained that he prepared the Fair Share Housing Plan, dated August 21, 2018, which permitted off-site units. He added the applicant could have requested amended preliminary and final site plan approval in 2020, but there were many factors in 2020 regarding the neighboring development at the time. Attorney Galella provided examples of the prices units are sold based on a formula. She stated the 2018 Fair Share Housing settlement with the City specifically provides units could be off-site. Chairperson Bezaire gave a brief history of the applications for this project starting in 2010 with opposition by some neighbors including a lawyer who has subsequently moved. Member Crowley said that although there is a long history, the discussion started in 2019 when the applicant asked and received approval to build the units including two on-site. Solicitor King shared that he looked at the Stone Harbor ordinance and paragraph five shows residents are to have same, full and equal access to amenities, and the units are to be on-site unless the Fair Share Housing Center (FSHC) approves off-site. Attorney Galella said the agreement Cape May has with FSHC includes off-site. Attorney Baylinson replied that it is discretionary. Mayor Mullock said it is clear that Cape May approves off-site housing but the like for like indicates comparable value. He struggles with ten bedrooms versus three bedrooms and would prefer to see more available affordable housing than less. Attorney Baylinson said they would like to withdraw the application and return with more information for the Board. Solicitor King said discretion has boundaries and believes the Board needs more guidance. There was a brief discussion on density, and it was explained by Solicitor King there is a density benefit when including affordable housing. Judge Mendez gave guidance and fifteen units could have been built based on the calculation. The proposed by right plan was for thirteen units because that is the most that could fit due to the presence of wetlands. The on-site affordable housing density benefit would be lost but thirteen units are proposed and within the ordinance. Off-site affordable housing is permitted and encouraged by the state. Solicitor King said the questions to be answered when the applicant returns include why move the affordable housing off-site and more details on the Lafayette Street property. Deputy Mayor Sheehan asked about fees, such as boat slip, homeowner association, and tennis, for the unit on Harbor Cove. Chairperson Bezaire said the unit is part of a development and the fees could be more than $10,000 a year. City of Cape May Planning Board Meeting Minutes, May 10, 2022 3 Chairperson Bezaire announced he was opening the meeting to the public to allow them to comment. Discussion was opened to the public at 7:25 PM. Bill Seeger, 1361B Vermont Avenue, lives within two hundred feet of the property and was sworn in by Solicitor King. He said the approval was a give and take negotiation that included two affordable housing units, and the code is to give as many people as possible the American dream. He felt that skyrocketing real estate prices have driven this request to change the affordable housing and asked the Board to decline the request. Patricia Gray Hendricks, 106 Trenton Avenue, was sworn in by Solicitor King and shared her background as a Planning Board member from 2017 to 2020 and as a holder of a New Jersey broker’s license. She shared the history of the applicant’s ownership of the Lafayette Street property. She said it is possible that one of the affordable housing units is under contract, and the other affordable housing unit is currently for sale on the open market for over two million dollars. The HOA fees are over $1,890.00 quarterly for the Harbor Cove unit. She said the Planning Board should hold the applicant to the Planning Board August 25, 2020 decision. Discussion was closed to the public at 7:34 PM. Deputy Mayor Sheehan asked if the affordable housing units could be sold. Solicitor King replied yes, but the units would still be subject to the approved site plan and a building permit that does not comply with it would not be issued. There was a brief discussion on the phases of the project. Solicitor King said that after 20 or 30% permits are issued for the site, an affordable unit must be built. Member Gorgone said he visited the property and saw a sign that indicates one of the affordable housing units is under contract. Applicant DiDonato said he does not handle the real estate part of the development and added that once five units are built, the affordable housing construction must start. Attorney Baylinson said the applicant is withdrawing the application. Solicitor King stated withdrawal may not be the Board’s desire, and it is easier to defend the denial of a complete record. Norman Briggs was identified, in the audience, as representing the neighboring homeowner association. He said he would speak if the application was not withdrawn. Motion made by Mr. Belasco to adjourn the application, seconded by Mr. Jones and did not carry 2-7. Those in favor: Mr. Jones, Mr. Bezaire. Those opposing: Mr. Belasco, Mr. Gorgone, Mayor Mullock, Deputy Mayor Sheehan, Mrs. Reed, Mr. Crowley, Mr. Lundholm. Those abstaining: None. City of Cape May Planning Board Meeting Minutes, May 10, 2022 4 Motion made by Mr. Belasco to allow the applicant to withdraw the application, seconded by Mr. Jones and carried 8-1. Those in favor: Mr. Belasco, Mr. Gorgone, Mayor Mullock, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Jones, Mr. Bezaire. Those opposing: Deputy Mayor Sheehan. Those abstaining: None. Member Belasco said there have been many questions, so he supports the withdrawal of the application. Mayor Mullock, Member Reed, and Member Lundholm voted yes on the advice of Solicitor King. Member Crowley said he voted yes, because he looks forward to a different application. New Cingular Wireless PCS LLC (AT&T) 1036 Beach Avenue Adjacent to Block 1101, Lot(s) 4 Solicitor King shared that he spoke to Christopher Quinn, Esq. before the meeting and appreciated that a 5G wireless expert is available for questions at the meeting. Attorney Quinn described the location and the application for a small wireless facility in the municipal right-of-way. The existing pole will be replaced by a new pole a bit higher at 35 feet, but within the requirements, and including an antenna on the top and small equipment on the side of the pole. He stated they are seeking conditional use and site plan approval. Mayor Mullock asked about Historic Preservation Commission (HPC) review, and Attorney Quinn replied that the project received HPC approval in September 2021. Deputy Mayor Sheehan asked if other carriers will place equipment on the pole, and Attorney Quinn said it will be used by AT&T only to fill a service gap in the area. Board Engineer Hurless then summarized his report dated April 22, 2022 for this application, the first small cell wireless application since the adoption of Ordinance 416-2021 – An Ordinance Establishing Conditional Use Standards for Small Wireless Facilities in the Rights-of-Way in the City of Cape May. He described his zoning and completeness reviews and highlighted the following be conditions of approval: small wireless facility to comply with applicable building and safety codes and dimension on the plan regarding pole being located no farther than eighteen inches from the curb line. He shared his general review comments 1-4 in detail with all items being conditions of approval. Board members were allotted time for questions of Engineer Hurless. Paul Chan, Civil Engineer, was introduced by Attorney Quinn and sworn in by Solicitor King. Solicitor King asked if the pole will be located eighteen inches from the curb line, and Engineer Chen replied yes. Deputy Mayor Sheehan asked about fees. It was determined that this pole is a utility-owned pole; not a City pole. There are no fees to be paid to the City for this pole according to City ordinances. City of Cape May Planning Board Meeting Minutes, May 10, 2022 5 There was a brief discussion on the sidewalk, and Engineer Chan said they will fix any damage they cause. Discussion was opened to the public at 8:27 PM. Elizabeth Hyde, 1007 New Jersey Avenue, expressed concern that this project could affect New Jersey Avenue properties regarding lighting and height of the pole, and she said she felt it does not appear to impact the properties. She added she and her neighbors will be watching the project. Discussion was closed to the public at 8:29 PM. Motion made by Mr. Gorgone to approve the application subject to all conditions of approval discussed at the meeting and numbers 1-4 as outlined in Board Engineer’s Memorandum dated April 22, 2022 in the General Review Comments on page ten of ten, seconded by Mr. Crowley and carried 9-0. Those in favor: Mr. Belasco, Mr. Gorgone, Mayor Mullock, Deputy Mayor Sheehan, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Motion made to adjourn by Mr. Belasco at 8:30 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, May 10, 2022 6