August 25 Planning Board Work Session - Virtual

City of Cape May Planning Board Meeting Minutes Tuesday, August 25, 2020 Opening: The meeting of the City of Cape May Planning Board was called to order by Vice Chairperson Michael Jones at 6:41 PM virtually via Zoom and streamed live on Facebook. In compliance with the Open Public Meetings Act, adequate notice was provided. Roll Call: Mr. Bezaire, Chairperson Present Mr. Jones, Vice Chairperson Present Mr. Elwell Present Deputy Mayor Hendricks Present Mr. Belasco Present Mr. Jones Present Mayor Lear Present Dr. Maslow Present Mr. Shuler Present Dr. Wolf Present Mr. Martz Alt # 1 Present 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 Dr. Wolf to approve the minutes of June 23, 2020, seconded by Mr. Gorgone and carried 9-0. Those in favor: Mr. Elwell, Deputy Mayor Hendricks, Mr. Belasco, Mayor Lear, Dr. Maslow, Dr. Wolf, Mr. Shuler, Mr. Martz, Mr. Jones. Those opposing: None. Those abstaining: None. Resolution(s): Cape Coachman Realty, LLC “Beach Shack” 205-211 Beach Avenue Block 1019, Lot(s) 26 & 50 Motion made by Deputy Mayor Hendricks to adopt Resolution number 08-25-2020: 1, seconded by Mr. Shuler and carried 9-0. Those in favor: Mr. Elwell, Deputy Mayor Hendricks, Mr. Belasco, Mayor Lear, Dr. Maslow, Mr. Shuler, Dr. Wolf, Mr. Martz, Mr. Jones. Those opposing: None. Those abstaining: None. Chairperson Bezaire joined the meeting at 6:57 PM. ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, August 25, 2020 1 Application(s): Cape May Cove, LLC (FKA Thomas DiDonato) 1105 Pittsburgh Avenue Block 1172, Lot(s) 4 Attorney Christopher Baylinson introduced the application, which was formerly known to the Board as Thomas DiDonato, as an application for final major subdivision approval and having received preliminary approval in 2017. He described the subdivision for thirteen lots with two lots to be designated as low to moderate income. He went on to say that there was a question whether Harbor Cove Road is a public road and that the Appellate Division decided in 2018 that it is a public road. Attorney Baylinson said the application is a “by right” major subdivision with no variances requested and that the applicant will comply with Board Engineer/Planner Hurless’ report in all respects. Board Engineer and Planner Craig Hurless, Peter Lomax of The Lomax Consulting Group, who provided testimony in the past regarding this application, Engineer Vince Orlando of Engineering Design Associates, and Architect Joseph Courter, and Applicant Thomas DiDonato were sworn in for the record by Solicitor King. Mr. Lomax gave background of his work on the project in regard to environmental and natural resources and stated that wetlands were identified and verified by state and federal entities who have issued and extended initial permits and accepted modifications of the project with no further permitting necessary by federal and state regulatory agencies. He went on to say that an Environmental Impact Statement has been submitted to the City as part of the application, and the statement was approved by the Environmental Commission. Engineer Orlando described the configuration of the subdivision as seven lots on Missouri Avenue, two lots on Pittsburgh Avenue and four lots on Harbor Cove with one lot (proposed lot 4.01) on Pittsburgh Avenue and one lot (proposed lot 4.05) on Harbor Cove being designated as affordable housing plus a monetary donation to the City’s affordable housing fund for the 0.6 fractional unit of the 2.6 units of affordable housing required. Engineer Orlando described the individual storm water management programs that are designed for a collection system that is to be maintained by the homeowner association and that all utilities are to be underground. Engineer Orlando testified that there will be compliance with all open items in Engineer and Planner Hurless’ report. Board Solicitor King asked about the maintenance of the stormwater/drainage system that all homeowners are responsible to maintain, the system and the retaining walls, and Attorney Baylinson said that it ensures maintenance and provides easements and that the goal is to place the obligations on the association not the municipality. Member Maslow asked about the responsibility of the individual owners. Attorney Baylinson said it is allocated by square footage with no discount to the affordable housing units, in accordance with legislation. Engineer and Planner Hurless explained that he wants to make sure that the homeowner documents the responsibilities for the stormwater drainage system and there cannot be modifications, such as paver driveways, structures, fence posts, etc., that may destroy the integrity of the system. Attorney Baylinson said that they can get the document where it needs to be based on Mr. Hurless’ report. ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, August 25, 2020 2 Chairperson Bezaire asked about deed restrictions. Engineer and Planner Hurless said that individual site plans and deed notices with specifications must adhere to the stormwater plan. Vice Chairperson Jones asked what happens if there are problems with any of the lots, and Engineer and Planner Hurless replied that there is a mechanism in place that the homeowners’ association is to require homeowners to adhere to the plan with the City as the backup plan to tie a lien if the City has to do the work. Member Gorgone asked about a transition period, and Engineer and Planner Hurless said that the system will be inspected and verified that it is working prior to his recommending acceptance of the work. Member Elwell asked about underground systems that are buried, and Engineer and Planner Hurless said that the homeowner documents and deed notices are there to protect them. Engineer and Planner Hurless asked how the affordable housing units are going to be compatible with the market rate units. Architect Courter used footprints and said designs and architectural features on the exterior will be fairly identical: two story units with significant attic space which can be mezzanines and habitable spaces. He went on to say that the footprints are the same except one of the affordable housing units is smaller; however, all thirteen units appear market rate and exactly the same. 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. There was discussion on the Police Department report that indicates concern about rentals in the development. It was determined that there are no restrictions in the homeowner association documents on rentals in this development. Parking was discussed and Engineer and Planner Hurless said the parking exceeds the requirement. Board Engineer and Planner Hurless gave a summary of his memorandum dated July 29, 2020 in detail with corrections to be made on page 3 of 12: in paragraph four, the last sentence should be renumbered to read 4.05, 4.06, and 4.07 as indicated to remain undisturbed as wetlands and in the second to the last paragraph the last sentence should read that driveways are shared by two units at lot 4.01 and should say 4.13 and driveway access easements are proposed. He explained that these are the two lots that front on Pittsburgh and share a common driveway. The widening of Harbor Cove, additional eight parking spaces, and the addition of sidewalks that links the sidewalks to Pittsburgh Avenue, and the applicant concurred to make the change on Sheet 2. Board Engineer and Planner Hurless noted the Shade Tree Commission’s report, dated August 14, 2020, indicates that Rosa Ragusa is an invasive species and asks that it not be used, and Engineer Orlando accepts the condition and will make the change. Board Engineer and Planner Hurless noted the Fire Department and Environmental Commission approved the application, and the Police Department had comments that were previously discussed regarding this application. ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, August 25, 2020 3 Board Members were allotted time to ask Engineer and Planner Hurless and the applicant questions. Discussion was opened to the public at 7:44 PM and closed to the public at 7:48 PM with no public coming forward to comment. Member Martz asked Solicitor King is there are appeals still open to Harbor Cove regarding the project. Solicitor King gave background on the court cases. He added that Judge Mendez may consider it closed, but that he has not seen an order to that effect. Motion made by Dr. Wolf to grant amended preliminary and final site plan approval for the subdivision subject to all conditions of approval discussed at the hearing and outlined in the review memorandum from Board Engineer Craig Hurless, PE, PP, CME, dated July 29, 2020, seconded by Mayor Lear and carried 9-0. Those in favor: Mr. Elwell, Deputy Mayor Hendricks, Mr. Belasco, Mayor Lear, Dr. Maslow, Mr. Shuler, Dr. Wolf, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Solicitor King departed the meeting at 7:50 PM. Discussion: Fences Engineer/Planner Hurless said that the Master Plan Implementation Committee has not been able to meet to discuss the Master Plan regarding fences, and the Zoning Board of Adjustment recently made an interpretation of fences in Village Green. He reported that the Zoning Board found that 525-56E applies to fencing in R-4 and explained that was not how the Zoning Official was interpreting fences in that zone. Since the interpretation, applicants can apply for fences in that zone. Engineer/Planner Hurless said there were recommendations, in the Master Plan, that are not currently contained in the code. There was discussion by the Members with concerns regarding safety, emergency services access and streetscape. Discussion was opened to the public at 8:00 PM. Stephen Goldberg, 1261 Pennsylvania Avenue, shared his concerns on fences with twin homes not just quads. He also asked about fences at intersections and in sight lines, as he is also concerned about small children and asked the maximum height for fences in front yards. Chairperson Bezaire and Engineer/Planner Hurless said that twins, single family homes, and quads have the same regulations. Engineer/Planner Hurless said that a variance would be required for fences to be put in a sight triangle, and the maximum height for a fence in a front yard is four feet. Discussion was closed to the public at 8:07 PM. ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, August 25, 2020 4 The Board directed Engineer/Planner Hurless to draft a fence ordinance as soon as possible. Motion made to adjourn by Mayor Lear at 8:08 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, August 25, 2020 5