11/07/2022 Planning Board Meeting

City of Cape May Planning Board Meeting Minutes Monday, November 7, 2022 Opening: The meeting of the City of Cape May Planning Board was called to order by Chairperson Bill Bezaire at 6:30 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 Absent Mrs. Reed Present Deputy Mayor Sheehan Absent Mr. Lundholm Absent Mr. Maloy Alt # 1 Present Mr. Padussis Alt # 2 Absent Also Present: Richard King, Esquire, Board Solicitor Craig Hurless, Board Engineer and Planner Karen Keenan, Board Secretary Minutes: Motion made by Mr. Crowley to approve the meeting minutes of September 13, 2022, seconded by Mr. Belasco and carried 6-0. Those in favor: Mr. Belasco, Mrs. Reed, Mr. Crowley, Mr. Maloy, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: Mr. Gorgone. Application: 409 Elmira LLC 409 Elmira Street Block 1060, Lot(s) 33 Attorney Anthony Monzo introduced the application for preliminary and final site plan approval and variances to construct one commercial unit with two apartments above the unit and Owner Joseph Schulte, Architect Louis DeLosso, and Engineer Dave Shropshire. Owner Schulte, Architect DeLosso, Engineer Shropshire and Board Engineer and Planner Craig Hurless were sworn in by Solicitor King. City of Cape May Planning Board Meeting Minutes, November 7, 2022 1 Attorney Monzo described the designs submitted to the Historic Preservation Commission (HPC) and advised that the HPC approved demolition of the structure at the property and conceptually approved the design of the project. Attorney Monzo said there are obstacles at the property including the inability to back-out onto Osborne Court, which is controlled by New Jersey Transit and technically not a street. They have reached out to New Jersey Transit with no response. He said the parking must be in front due to the narrowness of the lot and listed the variances for parking requested. Architect DeLosso was accepted as an expert by Chairperson Hutchinson and described the original design, redesign submitted to the HPC and the signs contemplated at the property. Chairperson Bezaire asked about parking, and Owner Schulte answered that there are two spots in the municipal lot with one spot to be dedicated for commercial use and the other dedicated to residential use. The two spots in the municipal lot were dedicated to the property by the City when part of the property was used to widen Elmira Street. Owner Schulte said the spots in the municipal lot currently have signage that indicates they are for Prawn, the name of the restaurant at the property. Vice Chairperson Jones asked if there is access to the retail area in the front and back, and the answer was yes. Architect DeLosso said a hardship of the property is that the lot is irregular and not rectilinear along the property lines. He said parking became a hardship when the owners gave an easement for the widening of the roadway. He went on to say the purposes of zoning are advanced by satisfying the HPC concerns and allowing street trees. Architect DeLosso added there is no negative detriment to the zone plan and no substantial detriment to the public good. Board members were allotted time for questions of Architect DeLosso. Dave Shropshire was accepted as an expert in traffic engineering by Chairperson Bezaire. Engineer Shropshire said there currently exists back-out parking on Elmira Street, and they did traffic counts that indicated that the traffic volume is low in this section of Elmira Street. He said there is no impairment to safety and no issue with back-out parking. He said there is justification for approval of the variance for back-out parking, as there is no adverse impact to the zone plan and no detriment to the public good. Board members were allotted time for questions of Engineer Shropshire. Member Crowley thought the type of store would impact the traffic. Architect Shropshire felt the property location affords walkability and may result in more pedestrian activity. There was a discussion on retail parking. Solicitor King said it is difficult to issue a variance when the type of business contemplated is unknown. Board Engineer Hurless then summarized his report dated November 1, 2022. He corrected the use listed on page one to show one commercial unit with two apartments above and on page two City of Cape May Planning Board Meeting Minutes, November 7, 2022 2 to show the retail commercial unit (409A) with 688 square feet of area on the first floor and two (2) apartments (409B & 409C) on the second and third floor. Each apartment has two bedrooms. Unit 409B has 1222 square feet of floor area. Unit 409C has 1182 square feet of habitable floor area. Engineer Hurless said the five parking spaces back-out on Elmira Street. He described his completeness review and the waivers he supported with all to be conditions of approval including evidence of HPC approval of signage with lighting information. He corrected his Zoning Requirements table to show the proposed building height to be 31’11”, proposed lot coverage to be 80.14% and the proposed parking to be seven (7) spaces, including two offsite spaces. He summarized the variances requested and then shared his general review comments 1-14 in detail with all items being conditions of approval including the Fire Department condition to include a Fire Department connection listed in their report dated October 31, 2022 and Environmental Commission condition that revision to the landscaping plan to use eco-friendlier, native species and specifically avoid the use the invasive Russian olive in their report dated November 3, 2022. The October 28, 2022 Police Department report and November 2, 2022 Public Works Department and Shade Tree Commission reports show approval of the project with no comments. Board members were allotted time for questions of Engineer Hurless. Member Crowley asked why the traffic report was waived. Engineer Hurless said the right of way supports the type of traffic except the back-out parking, and Engineer Shopshire was present to testify to the proposed back-out parking. Discussion was opened to the public within 200 feet at 7:39 PM. Heidi Cummings, 414 Elmira Street, was sworn in by Solicitor King and felt the traffic will not be an issue. She spoke in support of the application and the proposed walkway. Kyle Anderson, 410 Elmira Street and 521 Lafayette Street, was sworn in by Solicitor King and said he did not think back-out parking to be an issue. He said the project provides visual enhancement and a better and safe flow of traffic. He spoke in support of the application. Discussion was closed to the public at 7:42 PM. Attorney Monzo summarized the application for the Board. Engineer Hurless requested that the plans be amended to include signs, bollards and stops and identification of parking as additional conditions of approval. This was accepted by Architect DeLosso. Motion made by Mr. Jones to grant preliminary and final site plan approval and associated variances as listed in the review memorandum from Board Engineer Craig R. Hurless, PE, PP, CME, dated November 1, 2022 with the conditions discussed at the meeting including the added condition of plans to be amended to include bollards, stops and designation of parking spaces, in addition to conditions 1-14 and associated waivers outlined in the review memorandum from Board Engineer Craig R. Hurless, PE, PP, CME, dated November 1, City of Cape May Planning Board Meeting Minutes, November 7, 2022 3 2022, seconded by Mr. Gorgone and carried 5-2. Those in favor: Mr. Belasco, Mr. Gorgone, Mr. Maloy, Mr. Jones, Mr. Bezaire. Those opposing: Mrs. Reed, Mr. Crowley. Those abstaining: None. Board members gave reasons for their votes. Member Belasco said the project is not as intrusive as other places in town with nearby public parking available. Members Crowley and Reed did not favor the unknown retail space, curb cut, back-out parking and the traffic issues. Member Maloy commented that the back-out parking gaps in traffic patterns including stop signs swayed his decision. Member Maloy and Chairperson Bezaire appreciated the public’s input and support for the project and also relied on Engineer Shopshire’s testimony. Discussion: Master Plan Consistency Review of Ordinance 485-2022 An Ordinance Amending Section 525 of the City of Cape May Code to Provide Minimum Stormwater Management and Grading Requirements in the City of Cape May and Regulation of Nuisance Causing Conditions Board Engineer Craig Hurless reminded the Board of the recent broader review required by the Department of Environmental Protection regarding stormwater and advised this review is for smaller development. City Council regarded the comments of the Planning Board and the Planning Board’s request for an additional stormwater control regarding redevelopment and infill projects. Engineer Hurless worked with the City Solicitor who prepared the ordinance. Engineer Hurless referred to his memorandum dated October 24, 2022 and shared the parts of the 2019 Master Plan Reexamination where he found consistency with this ordinance, specifically the Conservation and Resiliency Elements. He commented the proposed ordinance requires minimum grading standards for runoff to be directed toward the street and not onto an adjacent property and roof runoff to be directed to subsurface recharge areas with a required minimum storage (or volume standard) of 30% of the 25-year design (6.46 inches for a 24-hour duration storm) storm. He described an example for the Board: proposed development with 1,000 square feet of roof surface would need about 161 cubic feet of stormwater recharge storage area. A six-inch pipe on two sides of a structure that leads to a two feet by one-foot stone trench with any water that cannot be stored being directed towards the street meets the minimum standards and can be provided on a typical sized Cape May lot. Engineer Hurless said the ordinance is a blend of the Stone Harbor and West Cape May ordinances. He said the Board can agree that the ordinance is consistent with the Master Plan and urge Council to consider questions regarding scope and thresholds for applicability. It was determined that stormwater management is an issue throughout the City, not just one area. Motion made by Mr. Gorgone that Ordinance No. 485-2022 is consistent with the 2019 Master Plan regarding grading and drainage; the Board has questions regarding scope of the application and whether there should be thresholds for applicability, seconded by Mr. City of Cape May Planning Board Meeting Minutes, November 7, 2022 4 Belasco and carried 7-0. Those in favor: Mr. Belasco, Mr. Gorgone, Mrs. Reed, Mr. Crowley, Mr. Maloy, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Fire Pits Solicitor King advised the Board that the Zoning Board decision on the fire pit at 1301 Beach Avenue has been appealed. Chairperson Bezaire asked if the Planning Board could make a recommendation to Council to approve the Board’s interpretation on fire pits. Solicitor King said the Planning Board does not do interpretations except as part of an application; the Zoning Board does interpretations. The Planning Board can make recommendations to change an ordinance. Vice Chairperson Jones suggested the Planning Board wait until litigation is complete. Cape May Cove Development Member Reed asked about the affordable housing at the Cape May Cove development. Engineer Hurless said it had been determined by the City Solicitor that he cannot hold up construction permits, but he can refrain from recommending certificates of occupancy until the affordable housing requirements have been met. Open to Public There was no public present to come forward to comment. Motion made to adjourn by Mr. Belasco at 8:34 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, November 7, 2022 5