12/12/2023 Planning Board Meeting

City of Cape May Planning Board Meeting Minutes Tuesday, December 12, 2023 Opening: The meeting of the City of Cape May Planning Board was called to order by Chairperson Bill Bezaire at 6:32 PM in the City Hall Auditorium. In compliance with the Open Public Meetings Act, adequate notice was provided. Pledge of Allegiance Roll Call: Mr. Bezaire, Chairperson Present Mr. Jones, Vice Chairperson Present Mr. Crowley Present Mr. Gorgone Present Mr. Lundholm Present Mayor Mullock Present Mrs. Reed Absent Councilmember Yeager Present Vacant --------- Mr. Maloy Alt # 1 Absent Mr. Padussis Alt # 2 Present Also Present: Richard King, Esquire, Board Solicitor Craig Hurless, Board Engineer and Planner Karen Keenan, Board Secretary Resolution(s): Motion made by Mr. Jones to adopt Resolution number 12-12-2023: 1, as changed, 555 Elmira LLC, 555 Elmira Street, Block 1061 Lot(s) 16, seconded by Councilmember Yeager and carried 7-0. Those in favor: Mr. Gorgone, Councilmember Yeager, Mr. Crowley, Mr. Lundholm, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Mayor Mullock arrived at 6:35 PM. Minutes: Motion made by Mr. Jones to approve the meeting minutes of November 28, 2023, seconded by Mr. Lundholm and carried 5-0. Those in favor: Councilmember Yeager, Mr. Crowley, Mr. Lundholm, Mr. Padussis, Mr. Jones. Those opposing: None. Those abstaining: Mr. Gorgone, Mayor Mullock, Mr. Bezaire. Application(s): City of Cape May Planning Board Meeting Minutes, December 12, 2023 1 Mitchell Boettcher and Gaye Pessolano 1209 Lafayette Street Block 1061 Lot(s) 83.02 Engineer Craig Hurless, Owners Mitchell Boettcher and Gaye Pessolano, and Engineer and Planner John Halbruner were sworn in by Solicitor King for the record. Attorney Andrew Catanese introduced the application for minor subdivision and a planning variance for a lot not abutting a street. He explained the property is a large lot and the subdivision conforms except for the need for an easement across the front lot to access the existing home on the back lot. John Halbruner was accepted as an expert in engineering and planning by Chairperson Bezaire. Engineer Halbruner said the existing home that was built in 2021 is to remain unchanged with the existing driveway to be the access for both lots. He referred to Exhibit A-1 a 2022 aerial photo of the subject parcel from the county website and said there are seven neighboring properties that are the same as what was being proposed. Engineer Halbruner then described Sheet C-101 Site, Grading & Utility Plans for the board. There was a discussion on parking at the property. Engineer Halbruner said the plan could be revised to allow four cars in spaces nine feet wide with the ability to turn around to avoid backing out onto Lafayette Street. The current configuration supports emergency vehicles, marks the property line, and was reviewed and approved by the Fire Department and Police Department. Attorney Catanese said the driveway is to remain unobstructed at all times. Engineer Halbruner said the Historic Preservation Commission (HPC) gave conceptual approval for the project and prefer the symmetry with no missing “teeth” on Lafayette Street. Engineer Halbruner testified the purposes of zoning are advanced by providing a consistency of streetscape by eliminating the missing tooth, observing HPC guidelines and preserving the character of the neighborhood. He said there are no negative criteria, and any negatives outweigh any detriments. He said one driveway is preferred over two driveways on Lafayette Street and allows fifteen feet more greenery. Board members were allotted time for questions of Engineer Halbruner. Engineer Hurless asked if the applicants plan to own or sell the lot and is it known what they plan to build. Owner Boettcher replied they hope to develop the lot and sell the property to friends present in the audience. Attorney Catanese said the front lot development will conform. Solicitor King said they are not bound to build the house as shown, but it must be conforming. Engineer Hurless said the only deed condition is the shared driveway. He also suggested the applicants install any utilities as quickly as possible, as the road will be under moratorium after the current road construction is completed. Engineer Hurless then summarized his memorandum dated October 20, 2023 including his completeness review including the fact that no prior subdivision board resolutions were located, City of Cape May Planning Board Meeting Minutes, December 12, 2023 2 the waivers he supported to be conditions of approval and his comments on the two variances required with the comment that adequate access for firefighting equipment, ambulances and other emergency vehicles be determined prior to the issuance of a permit. Engineer Hurless reported the Fire Department reviewed and supported the plan and already has access on the existing driveway. He recommended the paver driveway be extended the full length of the driveway, out of an abundance of caution. The General Review Comments 1-20 (items 14 and 15 were removed as repeats of items 8 and 9) were reviewed and explained in detail with all items being classified as conditions of approval. Engineer Hurless advised the Environmental Commission (report dated October 27, 2023) approved the project with a suggestion that the bearberry (Arctostaphylos uva- ursi) be substituted for the Juniper chinensis ‘Sargentii’ listed, and the applicants agreed. The Shade Tree Commission (report dated November 3, 2023) approved the project with conditions that the trees on the south property line be protected and that the subject be considered and discussed with the owner and contractor before any excavations or pile installation, and the applicants agreed to the comply with conditions to the extent possible. Engineer Hurless reported the Fire and Public Works Departments approved the project with no conditions. An added condition # 21 that an easement restriction be submitted to the Board Engineer and Board Solicitor for approval before filing was agreed to by the applicants. Engineer Hurless said that any substantial modification to the plan for the property including drainage, grading, stormwater or retaining walls will require his review and approval. Board members were allotted time for questions of Engineer Hurless. Member Crowley asked about trees. Engineer Hurless said the trees to the west are approximately five feet from the property. Attorney Catanese said they will revise the plan to include that the contractor to minimize disturbance. Owner Boettcher said their retaining wall curves around an existing tree. The applicant was advised of the county moratorium for street opening. Discussion was opened to the public at 7:34 PM. Terri Swain, 1207 and 1207.5 Lafayette Street and Owner of Swain’s Property Management LLC, 1211 and 1211.5 Lafayette Street, was sworn in by Solicitor King. She said believed there were no restrictions on the subdivision of the applicants’ property. She did not object to the subdivision. She presented Exhibits O-1 Plan of Minor Subdivision Survey, dated October 20, 2008 with latest revision dated February 26, 2010, by Stephen C. Martinelli and O-2, a photo of 1211.5 Lafayette Street frontage showing the electric pole’s wiring that interferes with the planned driveway at her property next door. She wanted the applicants to move the electric pole two feet towards their property. Solicitor King asked Engineer Halbruner if the pole could be moved two feet. He said it would not interfere with the existing driveway. Attorney Catanese said there is an effort underway to get the pole moved. Solicitor King said the Planning Board cannot control the placement of an electric pole. Engineer Hurless said the applicant has no control over the placement of the pole. Ms. Swain was trying to work towards a remedy. The board sympathized with Ms. Swain and offered suggestions for a solution. Discussion was closed to the public at 8:00 PM. City of Cape May Planning Board Meeting Minutes, December 12, 2023 3 Solicitor King explained the vote for the board. Motion made by Mr. Gorgone to grant the minor subdivision, lot frontage – Lot 83.03 variance and N.J.S. 40:55D-35 planning variance – lot not abutting a street, subject to the conditions, as outlined in the memorandum, by Board Engineer and Planner Craig R. Hurless, PE, PP, CME dated October 20, 2023 and on the record at the hearing including the added condition that nothing can interfere with the easement on the plan, an easement deed restriction be submitted to the board attorney and board engineer for review and that the subdivision file map will reference and be subject to the conditions of the resolution adopted by the Planning Board, seconded by Mr. Jones and carried 8-0. Those in favor: Mr. Gorgone, Mayor Mullock, Councilmember Yeager, Mr. Crowley, Mr. Lundholm, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Discussion: Payment of Bills Motion made by Councilmember Yeager to approve the payment of bills, seconded by Mr. Lundholm and carried 8-0. Those in favor: Mr. Gorgone, Mayor Mullock, Councilmember Yeager, Mr. Crowley, Mr. Lundholm, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Master Plan Consistency Review of Ordinance 524-2023 An Ordinance Prohibiting the Use of Artificial Turf in the City of Cape May Engineer Hurless advised the board that a recent Zoning Board application included use of an artificial turf product that was very permeable, and a member brought the topic to City Council who sent this ordinance for master plan review. He summarized his consistency review memorandum dated December 1, 2023 and noted that the current landscaping design standards in §525-60I do not state that artificial turf is permitted. He said the HPC controls the use of artificial turf by not permitting it in front yards. Chairperson Bezaire expressed concern over a knee-jerk reaction to the material. Other members thought there may be other recreational or decorative uses that are not listed in the ordinance and perhaps use should be decided on a case by case basis. Solicitor King wondered about lot coverage calculation for the material if permitted. It was determined that a committee will be formed to study the issue and report back to the Planning Board. Mayor Mullock said City Council will create the committee, and Member Lundholm volunteered to represent the board on the committee. Motion made by Councilmember Yeager to table the master plan consistency review, seconded by Mr. Gorgone and carried 8-0. Those in favor: Mr. Gorgone, Mayor Mullock, Councilmember Yeager, Mr. Crowley, Mr. Lundholm, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Motion made to adjourn by Mr. Lundholm at 8:39 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, December 12, 2023 4