CPMCBA Minutes & Attachments 1-2

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS The Construction and Property Maintenance Code Board of Appeals meeting was held on August 21, 2024, at 3:35 p.m., with Mr. Boggerty presiding. The members present were Mr. Campana, and Mr. Neil. Mr. Rocha and Mr. Martin were absent. The staff members present were Mr. Kopp and Ms. Brown. ADOPTION OF AGENDA Mr. Neil moved for approval of the agenda, seconded by Mr. Campana, and unanimously carried. PROPERTY MAINTENANCE CODE VIOLATION: Chapter 3 - General Requirements, Section 302.3 – Sidewalks and Driveways ) - Appeal of Violations - 631/S-5 Bay Rd., Tax Parcel Number ED-05-077.00-01-190.004-000 and 655/S-10 Bay Road, Tax Parcel Number ED-05-077.00-1-190.008-000 (Blue Hen CC, LLC) Ms. Sierra Brown, Code Enforcement Officer, reviewed the case history for 631/S-5 Bay Road and 655/S-10 Bay Road. Responding to Mr. Neil, Mr. Eddie Kopp, Chief Code Enforcement Officer, clarified that the International Property Maintenance Code does not provide a provision for screening. The code explicitly requires that the issue be repaired, not just screened off or otherwise concealed. Consequently, even if screening were implemented, the violation would remain non-compliant until proper repairs are made. The code is clear that the issue must be resolved through repair. Responding to Mr. Neil, Mr. Kopp stated that there is no provision in the 2009 International Property Maintenance Code, as adopted in Chapter 22-221 of the Dover Code of Ordinances, which would allow such an exception. No leniency was granted for this violation when the code was adopted. According to the current procedure, the purpose of the appeal board is to determine whether the code was interpreted correctly. They were there to review the evidence, specifically the pictures, to assess if the code regarding the parking lot being in disrepair has been correctly interpreted. Mr. Kopp believes that their interpretation was indeed correct. Responding to Mr. Boggerty, Ms. Brown passed around an aerial shot from the GIS map (Attachment #1) that highlighted the two areas in question. Ms. Brown explained that these areas are relatively small in the context of the entire site, but they are the two sections located closest to Bay Road. All other areas were within limits and not in violation. Thy did have one small pothole on a neighboring property, but that has already been addressed. Responding to Mr. Campana, Ms. Andrea Finerosky, Pettinaro Construction Co., Inc., stated that she has not obtained an estimate at this time. Finerosky provided some context, stating that they have owned this property for at least 20 years, as long as she has been with the company. As shown on the map, there are several parcels at the front that are difficult to distinguish from the main lot. Currently, there is no traffic crossing these areas because they are undeveloped. They have engaged a commercial broker to find tenants for these lots since they are now based in Newport rather than Dover. Their plan is to fence off these areas because, once they secure a tenant, they will need to submit administrative site plans to the city for the building and parking. They want to avoid paving the area only to tear it up later for construction. Responding to Mr. Boggerty, Ms. Finerosky stated that she is not sure at this time. As she is not a broker, they will need to wait for input from their commercial broker. This is a recent development

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS MEETING OF AUGUST 21, 2024 PAGE 2 as they work to lease the property. While they have in-house brokers, they believe that bringing in a regional expert is necessary to attract tenants. They do not have a timeline yet, but once the broker secures a tenant and they finalize the deal, they will submit a plan to the city. Ms. Brown clarified that, in response to the previous conversation, there was some uncertainty about whether these areas were designated for parking lots or general use. To address this, the Kent County Pride parcel information lists them as C-type properties, specifically for parking lots. Responding to Mr. Boggerty, Mr. Kopp explained that the timeframe provided by Ms. Brown was August 12th, which can be extended if necessary. However, compliance must still be achieved. Responding to Mr. Boggerty, Ms. Finerosky stated that they will need to report back and obtain some estimates. The timeline will largely depend on the availability of the contractors and how quickly they can take on the job. Although it is a relatively small project, it could take two (2) to three (3) months to secure a contractor. They have access to various contractors, but their schedules and current commitments will influence when they can start. Responding to Mr. Boggerty, Mr. Kopp recommend granting a six-month extension due to the scope of the work involved. If the board agrees, this extension would allow sufficient time for the necessary repairs to be completed. They want to ensure the work is done properly and to their satisfaction. Responding to Mr. Kopp, Ms. Finerosky stated that she will stay in touch with Ms. Brown and keep her updated. They need to consult with their subcontractors or consider using someone already based here. Their company has ongoing projects in Dover and further south, so she will check who can be available the soonest. Given that work cannot be done during the winter due to weather constraints, if they cannot schedule it before the cold weather sets in, she will inform Ms. Brown as soon as they can arrange for work to begin when conditions improve. Mr. Neil moved to deny the appeal and refer the case back to staff for the approval of a six (6) month extension. Additionally, the Board requested that a monthly update be sent to Code Enforcement. The motion was seconded by Mr. Campana and unanimously carried. Mr. Boggerty moved for an adjournment of the Construction and Property Maintenance Code Board of Appeals meeting, seconded by Mr. Neil, hearing no objection, the meeting adjourned at 3:52 p.m. The meeting adjourned at 3:52 p.m. Andre Boggerty Chairman AB/aw Attachments Attachment #1 – Arial map from Ms. Brown Attachment #2 – Summary and Site map from appellant

Attachment #1 Construction and Property Maintenance Code Board of Appeals meeting of 08/21/2024

Attachment #2 Construction and Property Maintenance Code Board of Appeals meeting of 08/21/2024 Violation #24-00002583 - Parking Lot Repair – 631/S-5 Old Bay Road, Tax Parcel Number ED-05-077.00-1-190.004-000 Violation #24-00002586 - Parking Lot Repair – 655/S-5 Old Bay Road, Tax Parcel Number ED-05-077.00-1-190.008-000 Blue Hen CC, LLC is the owner of both the parcels. These are individual pad sites for which we are actively seeking tenants. Neither of these lots provide parking for the existing tenants on the Blue Hen Corporate Center. As such, we are proposing to fence off these areas to prevent vehicles from traversing the paved areas which are referenced in the violations. These areas will be improved/repaired as leases are executed and the lots are built upon. I have attached a location map from the GIS which locates these parcels as well as the Corporate Center.