11-24-2020 Planning Board Work Session - Virtual

City of Cape May Planning Board Meeting Minutes Tuesday, November 24, 2020 Opening: The meeting of the City of Cape May Planning Board was called to order by Vice Chairperson Michael Jones at 6:33 PM virtually via Zoom and streamed live on Facebook. The agenda for the meeting that was scheduled for November 10, 2020 was repeated for this meeting, as the livestream to the City’s COVID Facebook page did not occur on November 10, 2020. In compliance with the Open Public Meetings Act, adequate notice was provided. Roll Call: Mr. Bezaire, Chairperson Absent Mr. Jones, Vice Chairperson Present Mr. Elwell Absent Deputy Mayor Hendricks Present Mr. Belasco Present Mayor Lear Present Dr. Maslow Present Mr. Shuler Present Dr. Wolf Present Vacant Alt # 1 --------- Mr. Gorgone Alt # 2 Present Also Present: Richard King, Esquire, Board Solicitor Craig Hurless, Board Engineer & Planner Karen Keenan, Board Secretary Minutes: Motion made by Deputy Mayor Hendricks to approve the minutes of October 13, 2020, seconded by Mr. Gorgone and carried 8-0. Those in favor: Deputy Mayor Hendricks, Mr. Belasco, Mayor Lear, Dr. Maslow, Mr. Shuler, Dr. Wolf, Mr. Gorgone, Mr. Jones. Those opposing: None. Those abstaining: None. Discussion was opened to the public at 6:36 PM. Jules Rauch, 1010 New York Avenue, reported that he recently wrote to Code Enforcement and the Historic Preservation Commission about his next door neighbor who planted many Leyland cypress trees one foot from the common property line. He asked that the City’s definition of fence be considered where it currently states the material is a man-made product but that planting barriers can become an infringement on an adjoining property. Board Engineer and Planner Hurless replied that the resolution on the agenda is strictly regarding the R-4 District. He added that he understands Mr. Rauch’s premise, and the Board can discuss this issue after research at a future meeting. Board members Maslow, Shuler and Wolf agreed that ≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡ City of Cape May Planning Board Minutes, November 24, 2020 1 the matter should be discussed at a future meeting with possible input from the Environmental Commission. Discussion was closed to the public at 6:40 PM. Resolution(s): The number of this resolution, which was listed as 11-10-2020: 1 on the agenda, was changed to 11-24-2020: 1. Regarding Fences in R-4 Ordinance No. 408-2020 Proposed by City Council Motion made by Deputy Mayor Hendricks to adopt Resolution number 11-24-2020: 1, seconded by Mr. Shuler and carried 8-0. Those in favor: Deputy Mayor Hendricks, Mr. Belasco, Mayor Lear, Dr. Maslow, Mr. Shuler, Dr. Wolf, Mr. Gorgone, Mr. Jones. Those opposing: None. Those abstaining: None. Application(s): Pella, LLC c/o Velvento Holdings, LLC 1511 New York Avenue Block 1176, Lot(s) 1 Solicitor King explained that the application was heard at the November 10, 2020 meeting, but that the livestream of the meeting to the City’s COVID Facebook page did not occur making the public unable to participate in the meeting in violation of the Open Public Meetings Act. In order to have a compliant meeting, the application will be heard again. Solicitor King summarized the application for the Board and the public and also the plat not being properly recorded. Solicitor King noted that there have not been any changes to the ordinance during the time since original approval. Notice of the hearing of the application was provided to the public by the applicant. The applicant operated as though the plat had been filed and in good faith, and the applicant has been paying taxes on the properties during the time. Attorney Hyland said everything proceeded as if the plat had been filed, bonds have been posted, and the plat is ready to be filed at this time with the extension sought being necessary for the plat to be approved. Board members were allotted time for questions and comments. Discussion was opened to the public at 6:48 PM and closed at 6:50 PM with no public coming forward to comment. ≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡ City of Cape May Planning Board Minutes, November 24, 2020 2 Engineer and Planner Hurless noted that the street, utility and stormwater improvements have been completed. When the building plans were submitted for the first lot in the subdivision, it was discovered during his compliance review that the plat had not been filed. Motion made by Dr. Wolf to grant the request to extend the approval and to find as a matter of fact that given the inconclusive nature of the signing of the plat that the Board is authorizing the extension, seconded by Mayor Lear and carried 8-0. Those in favor: Deputy Mayor Hendricks, Mr. Belasco, Mayor Lear, Dr. Maslow, Mr. Shuler, Dr. Wolf, Mr. Gorgone, Mr. Jones. Those opposing: None. Those abstaining: None. Discussion: HPC Standards for Flood Adaptation Warren Coupland, Chairperson of the Historic Preservation Commission was present for this discussion and shared that the HPC realized that there was not a consistent communication to the community regarding elevating homes for flood mitigation. The HPC noted that Secretary of the Interior and the New Jersey Historic Preservation Office had released guidelines simultaneously and prepared the HPC standards based on these revisions and upon review of other municipalities’ standards. Engineer and Planner Hurless said that he did not do an in-depth review, but he reviewed the HPC Standards for Flood Adaptation. He found that it is consistent with the Master Plan in the Historic Preservation Element on page 146 and echoed in the Resiliency Element which incorporates Coastal Vulnerability Assessment planning. There was discussion regarding vents, parking under structures, and garage doors. It was determined that vents are not permitted in the Historic District in the front, and vents are only required in two separate walls according to regulation. Chairperson Coupland said the HPC is asking people to raise their structures only for flood mitigation not parking. He said that the only acceptable parking underneath a structure in the Historic District would be where not visible from the front or side. Engineer and Planner Hurless and Solicitor King thought that the language could be clearer. Member and Flood Plain Manager Belasco said historic structures currently are exempt from flood plain regulations, so there are no penalties. He added that for historic structures, required free board should be a maximum amount versus a minimum. It was decided that Solicitor King, Engineer and Planner Hurless and HPC Chairperson Coupland will work together on the language with input from the Environmental Commission. HPC Surveys There was a discussion on status of the HPC surveys. Chairperson Coupland gave background on the surveys which have been approved by the state and are pending adoption by City Council. Chairperson Coupland notified the Board that the state has approved additional surveys be done under a recently awarded grant for $25,000. ≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡ City of Cape May Planning Board Minutes, November 24, 2020 3 Meetings Location Virtual Versus In-Person Board members discussed holding meetings in person versus virtual meetings. The members agreed that it is not the time to return to in-person meetings with the virus rates increasing. Motion made to adjourn by Mr. Shuler at 7:45 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary ≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡ City of Cape May Planning Board Minutes, November 24, 2020 4