05/11/2021 Planning Board Meeting - Virtual

City of Cape May Planning Board Meeting Minutes Tuesday, May 11, 2021 Opening: The virtual meeting of the City of Cape May Planning Board was called to order by Chairperson Bill Bezaire at 6:31 PM. 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. Elwell Present Mayor Mullock Present Deputy Mayor Sheehan Present Mr. Shuler Present Dr. Wolf Present Vacant --------- Mr. Gorgone Alt # 1 Present Mrs. Reed 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. Belasco to approve the meeting minutes of March 9, 2021, seconded by Mr. Shuler and carried 9-0. Those in favor: Mr. Belasco, Mr. Elwell, Mayor Mullock, Deputy Mayor Sheehan, Mr. Shuler, Dr. Wolf, Mr. Gorgone, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Announcement: Chairperson Bezaire announced to the Board that starting in June 2021, the Planning Board, Zoning Board and the Historic Preservation Commission will return their meetings to in person meetings held in the City Hall Auditorium. Application(s): PM Cape May LLC 722 Beach Avenue Block 1000 Lot(s) 36 & 36.01 Mr. Belasco recused himself from this application. ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, May 11, 2021 1 Anthony Monzo, Esq. introduced the application with owners Bill Massaro and Mike Penza (via telephone) and Architect John Pedersen present. Attorney Monzo described the property as a six-unit condominium with the applicants owning five of the six units and the other unit owned by Mickey McGlade. Attorney Monzo said the property is in need of improvements with costs that will easily exceed the 50% fair market value of the building property value at $525,000 not including the land. Attorney Monzo said the property value was based on an appraisal by John McCann. The applicants are seeking relief of the requirement to bring the property into compliance with the flood code requirements as triggered when the costs of improvements exceed the 50% of property value threshold. Numerator is the cost of the improvements and the denominator is the property value = $262,500. Any cost over this number would require compliance with the flood code requirements. Solicitor King asked if the application is by condo association. Attorney Monzo said his clients have standing for this application, and the association supports the application. William Massaro, John Pederson and Board Engineer Craig Hurless were sworn in by Board Solicitor Richard King for the record. Owner Massaro described the project as including floor joists, siding, roof and renovating the inside to include four units of 850 square feet each to be leased out. Owner Massaro said there will be no amount left for tenant buildout costs. He added that Mickey McGlade has no opposition to the project. Attorney Monzo shared his screen to show a picture (page six of six that are part of the application package) of the existing conditions including bollards and a transformer. He also showed renderings that were also submitted with the application. Owner Massaro said the building façade is sixty years old, and he described the plans with a change in configuration and an update of the electric. Attorney Monzo shared two Google Earth photos which he will submit as exhibits to the Board Secretary: first, Mermaids Restaurant and Beach Tag Office and then, the subject property in the center among other establishments. Board members were allotted time for questions of Mr. Massaro. Mr. Jones asked about the ownership of each condo unit. Mr. Bezaire asked if the property is in the Historic District. Attorney Monzo said no but the owners will accept a courtesy review by the Historic Preservation Commission as a condition of approval. Mike Penza was sworn in by Solicitor King for the record. Solicitor King announced that Mr. Belasco has recused himself and may speak as a Floodplain Manager. Deputy Mayor Sheehan asked about the number of units. Owner Massaro said that the units that he owns are currently five condos to be made into four equal units at 850 square feet each. There was a clarification on the tax records for the association with the following determination: units one and two will be combined to one store, units three, four, and five will be three stores and unit ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, May 11, 2021 2 six will remain as McGlade’s. Solicitor King restated that the application is for variance relief from Section 285-15, Floodplain Ordinance. He said a variance can be issued for these reasons: good and sufficient cause, exceptional hardship and that there will not be increased flood heights and additional threats public safety. Dr. Wolf asked if the issue of the hardship is supposed to be related to the land, and Solicitor King said yes it should be tied to the land or other unique issues of the land. Attorney Monzo said he believes the National Flood Insurance Program (NFIP) is guidance and not a statute or ordinance. He added that he thinks the boardwalk is a hardship. Solicitor King said context is needed regarding NFIP guidelines, because they are part of the larger picture. Dr. Wolf said according to the guidelines, the alteration of the streetscape does not equal a hardship. Architect Pedersen presented his credentials and was accepted as an expert architect and planner by the Board. Architect Pedersen shared that to comply with the flood damage protection ordinance there will be an impact on the wood framed building that is on pilings and in a neglected condition. They will have to structurally separate from McGlade’s and the roof will cover their solar panels. He said they want to improve handicap access to the building. He added that environment is harsh, and they will use lesser expensive products if necessary. Attorney Monzo and Architect Pedersen went over the Chapter 258-15.2 Conditions for Variances which is listed in Engineer and Planner Hurless’ memo dated April 27, 2021 on page five of six and then reviewed Chapter 258-15.1 which lists the considerations for the Board. Architect Pedersen said the request complies with the lot being one-half acre or less in size, erosion should not be an issue with pilings forty feet deep and with utilities placed above the flood level. He added that the project is within the town character and the shared building would block visibility of McGlade’s, in addition to the technical evaluations, relevant factors, and other standard specifications, including danger of materials to be swept and injure others, danger to life and property, susceptibility of the proposed facility and contents, importance of the facility to the community, necessity of waterfront location, availability of alternative locations not subject to erosion or flooding, compatibility with existing and anticipated development, proposed use relative to the comprehensive plan and floodplain management program for the area, access in times of flood for vehicles including emergency vehicles, the expected heights, velocity, duration, rate of rise and sediment transport of flood waters and effects at the site, and costs of providing governmental services during and after flooding. Architect Pedersen said the intent of the owners is to make the building more secure and attractive. Board members were allotted time for questions of Architect Pedersen. Board Engineer Hurless reviewed his report dated April 27, 2021 and informed the Board that he aided the City in developing the Chapter 258 standards and code requirements. He advised the Board that there is no checklist for this type of application for a coastal high hazard areas (VE [velocity] zone) requirements variance. He also said that retail commercial uses are not a permitted use in the S-1 District, so the use is an existing non-conformance. Engineer Hurless went over the review comments for variances and noted that there is a need to protect surrounding structures ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, May 11, 2021 3 and shared Chapter 258-18.l Location of Structures and said that the Board would have to rely on testimony as there was not a lot for him to review. He suggested the Board consider NFIP guidance. He said regarding the appeal, there is danger that materials may lead to injury to others and danger to property but not usually a danger to life due to evacuation. He said the applicant did not meet the 258-15.1 D(1) as the only consideration he has heard are financial factors. He added that the use is not a permitted use, does not have to be in the location, and there are other locations for the proposed use. He said he did not hear a lot of reasons that they could not comply with the standards. He had a major issue with the treatment of the structure, as the entire structure should be raised together not in a fragmented way. Board members were allotted time to ask Engineer Hurless questions. Solicitor King asked if the Master Plan includes any plan to raise the promenade and is the promenade exempt from flood regulations. Engineer Hurless said the Master Plan said the raising of the promenade is of very important to the planners and is recommended throughout the plan. He said the Master Plan does not exempt the promenade area from the floodplain management and in fact cautions against exemption in the velocity zone. He added that the velocity zone that is the most stringent zone in the regulations as it is subject to wave action. Deputy Mayor Sheehan asked about the zoning in the area; Engineer Hurless replied that the retailers in the area are existing non-conforming uses. There was a brief discussion on the condo association versus the five out of six units and land value analysis. Solicitor King said normally the outside walls are owned by the condo association. There was concern expressed that new owners would have no ability to make improvements with the 50% threshold limitation already met should Mickey McGlade decide to sell her condo. Member Wolf asked when the NFIP regulations went into effect, and Engineer Hurless said they were adopted into code in 1997, later established as 1971. Member Wolf asked when were the condos purchased, and Owner Penza said about 2012. Member Wolf said the requirements were not unknown; they were available and long standing. Attorney Monzo said the current ordinance was adopted in 2013. Engineer Hurless said there were revisions in 2013. Member Reed asked about the condo association members having to agree and jurisdiction on the exterior of the property and does this apply. Solicitor King said it is relevant if there is a hardship that the other owner does not want to participate. Attorney Monzo said the project is good for the City. Mayor Mullock said he is in favor of the design from historic preservation standards, as it matches with the City and neighbors and asked if there is a detriment to the Community Rating System (CRS) rating. Engineer Hurless said his comments are strictly on reinforcing the flood prevention code with emphasis on protecting the CRS rating. He further explained that the Floodplain Manager has to keep copies of any variances granted by the City. Owner Penza said he disagrees and said they can keep the property as is with little effort. There was further discussion on what should be done with the area as a City. ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, May 11, 2021 4 Member Wolf noted that some buildings are already higher than Morrow’s roof. She asked Floodplain Manager Belasco about the flood insurance costs to homeowners, knowing that FEMA is serious about flood mitigation. Floodplain Manager Belasco said the City annually submits a list of new construction and substantial improvement projects along with elevation certificates. This project, if approved, will violate NFIP minimums and violate the City’s higher standards. Every five years the City is reviewed. He further reported that the City received 1,265 points for increasing the City’s standards, such as the ten-year lookback and extra feet for freeboard. He added that FEMA is not a disinterested party. Attorney Monzo requested a two-minute break at 8:24 PM. The meeting resumed at 8:27 PM. Attorney Monzo requested to continue the hearing to the next meeting or when available to discuss. Engineer Hurless suggested they submit in writing how they are dealing with proofs mentioned in the report. Attorney Monzo replied that there is a gray area regarding the condo and Mrs. McGlade. They will encourage her to participate. Solicitor King asked for detailed plans about flood management currently in place and what is proposed. Discussion was opened to the public at 8:38 PM and closed at 8:39 PM with no public coming forward to comment. Motion made by Dr. Wolf to table the application to the June 8, 2021 6:30 PM meeting, seconded by Mr. Gorgone and carried 9-0. Those in favor: Mr. Elwell, Mayor Mullock, Deputy Mayor Sheehan, Mr. Shuler, Dr. Wolf, Mr. Gorgone, Mrs. Reed, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Motion made to adjourn by Mr. Jones at 8:41 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, May 11, 2021 5