01/25/2022 Planning Board Work Session

City of Cape May Planning Board Meeting Minutes Tuesday, January 25, 2022 Opening: The meeting of the City of Cape May Planning Board was called to order by Chairperson Bill Bezaire at 6:38 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 Present Mrs. Reed Present Deputy Mayor Sheehan Present Vacant --------- Mr. Lundholm Alt # 1 Absent Vacant Alt # 2 --------- Also Present: Richard King, Esquire, Board Solicitor Craig Hurless, Board Engineer and Planner Karen Keenan, Board Secretary A moment of silence was observed to honor Dr. Linda A. Wolf, Planning Board member who recently passed. Reorganization: Oaths of Office: Members with expiring terms took the Oath of Office as administered by Board Solicitor King. Election of Chairperson: Motion made by Mr. Crowley to appoint William Bezaire as Chairperson of the Board, seconded by Mr. Belasco and carried 7-0. Those in favor: Mr. Belasco, Mr. Crowley, Mr. Gorgone, Mayor Mullock, Mrs. Reed, Deputy Mayor Sheehan, Mr. Jones. Those opposing: None. Those abstaining: Mr. Bezaire. Election of Vice Chairperson: Motion made by Mr. Gorgone to appoint Michael Jones as Vice Chairperson of the Board, seconded by Mr. Bezaire and carried 7-0. Those in favor: Mr. Belasco, Mr. Crowley, Mr. City of Cape May Planning Board Meeting Minutes, January 25, 2022 1 Gorgone, Mayor Mullock, Mrs. Reed, Deputy Mayor Sheehan, Mr. Bezaire. Those opposing: None. Those abstaining: Mr. Jones. Appointment of Board Attorney: Motion made by Mr. Crowley to appoint Richard King, Esquire, as Board Attorney, seconded by Mr. Jones and carried 8-0. Those in favor: Mr. Belasco, Mr. Crowley, Mr. Gorgone, Mayor Mullock, Mrs. Reed, Deputy Mayor Sheehan, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Appointment of Board Engineer/Planner: Motion made by Mr. Crowley to appoint Craig R. Hurless of Polistina & Associates as Engineer/Planner to the Board, seconded by Mr. Jones and carried 8-0. Those in favor: Mr. Belasco, Mr. Crowley, Mr. Gorgone, Mayor Mullock, Mrs. Reed, Deputy Mayor Sheehan, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Conceptual Review Committee: Mr. Bezaire noted that the Board has a standing Conceptual Review Committee that has been in effect for some time but has not been recently active. Mr. Belasco, Mr. Crowley and Mr. Gorgone volunteered to serve on the Conceptual Review Committee. Adoption of Meeting Dates and Time for 2022: Motion made by Mr. Jones to adopt the Planning Board meeting dates and time, seconded by Mr. Belasco and carried 8-0. Those in favor: Mr. Belasco, Mr. Crowley, Mr. Gorgone, Mayor Mullock, Mrs. Reed, Deputy Mayor Sheehan, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Designation of Official Newspapers for Public Notice: Motion made by Mr. Belasco to designate Cape May County Herald and the Press of Atlantic City as official newspapers for public noticing purposes, seconded by Mr. Jones and carried 8-0. Those in favor: Mr. Belasco, Mr. Crowley, Mr. Gorgone, Mayor Mullock, Mrs. Reed, Deputy Mayor Sheehan, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Resolutions: Motion made by Mr. Crowley to adopt Resolution number 01-25-2022: 1, appointing the Planning Board Attorney, seconded by Mr. Gorgone and carried 8-0. Those in favor: Mr. Belasco, Mr. Crowley, Mr. Gorgone, Mayor Mullock, Mrs. Reed, Deputy Mayor Sheehan, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Motion made by Mr. Crowley to adopt Resolution number 01-25-2022: 2, appointing the Planning Board Engineer and Planner, seconded by Mr. Gorgone and carried 8-0. Those in City of Cape May Planning Board Meeting Minutes, January 25, 2022 2 favor: Mr. Belasco, Mr. Crowley, Mr. Gorgone, Mayor Mullock, Mrs. Reed, Deputy Mayor Sheehan, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Motion made by Mr. Jones to adopt Resolution number 01-25-2022: 3, Cape Jetty LLC, 6 Second Avenue, seconded by Mr. Crowley and carried 8-0. Those in favor: Mr. Belasco, Mr. Crowley, Mr. Gorgone, Mayor Mullock, Mrs. Reed, Deputy Mayor Sheehan, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Minutes: Motion made by Mr. Gorgone to approve the meeting minutes of November 9, 2021 and November 23, 2021, seconded by Mr. Jones and carried 8-0. Those in favor: Mr. Belasco, Mr. Crowley, Mr. Gorgone, Mayor Mullock, Mrs. Reed, Deputy Mayor Sheehan, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Application(s): Cape Jetty LLC 6 Second Avenue Block 1012 Lot(s) 15.01 It was discovered there was a sound issue with the Livestream broadcast of the meeting and also the recording of the meeting. A summarization was shared by Solicitor King and the hearing of the application was restarted at 7:01 PM. Peter Chacanias, Esq. was present on behalf of the applicant and declined to be sworn in. It was explained that Attorney Chacanias was present to provide procedural history and not create a record. Attorney Chacanias said the Municipal Land Use Law (MLUL) indicates that three one- year extensions of approval could be granted after the two-year period following the approval making a total of five years an applicant can have prior to beginning a project. He read from Cape May’s Ordinance. Attorney Chacanias said the approval period had not expired while the applicant was seeking alternatives to the plan and ultimately submitted for amended preliminary and final site plan approvals which were denied. Attorney John Amenhauser representing nine objectors, including Joe and Nancy Schlitzer, 19 Second Avenue, Craig and Lisa Ver Steeg, 14 Second Avenue, Jay Kloosterboer, 25 Second Avenue, Barbara Zicari, 25 Second Avenue, Scott Maslow, 18 Second Avenue, Bobbie Stokes, 18 Second Avenue and Edward Johnston, The Cove Restaurant, 405 South Beach Avenue, shared Exhibits O-1 52 N.J.R. 1682(a) - Notice of Permit Extensions (COVID-19 extension period) and O-2 52 N.J.R. 1682(b) – Notice of Extension of Certain State, Municipal and Other Public Entity Permits, Approvals, and Deadlines in Accordance with the Permit Extension Act of 2020 (COVID- 19 extension period) which indicate that permits must be registered with the Department of Environmental Protection (DEP). Attorney Amenhauser stated the applicant did not register the permit with the DEP, so the approval was not extended. He said the applicant cannot extend what expired on August 13, 2021. City of Cape May Planning Board Meeting Minutes, January 25, 2022 3 Attorney Chacanias said the applicant can apply for an extension of approval under the Aronowitz v. Planning Board of Township of Lakewood case law and asserted that the approval is still valid. He added that extension of the existing approval would extend the approval to August 13, 2022. Solicitor King explained if there is no sign of zoning changes, the applicant can apply for extensions. The time limits are not set up for losing approval if nothing is done in two years. He said that Section F of City Ordinance indicates that final approval shall expire if a permit is not secured within two years and, if an extension is requested after two years, the City Ordinance must comply with MLUL. If there is a conflict, MLUL overrides City Ordinance. Solicitor King explained the Aronowitz case states that local ordinances cannot be used to negate MLUL. He opined that not approving the extension violates the intent of the Aronowitz case and MLUL, but it is up to the Board to decide. Board members were allotted time for questions. Member Crowley asked about the recent zoning change regarding electric vehicles. Engineer Hurless said the electric vehicle ordinance would offer a two for one credit for parking for new applications. Attorney Amenhauser said the Aronowitz case differs from this case, since the applicant did nothing before the expiration of the approval. Solicitor King said there has been no zoning change that has an impact on the application. He read the standards from Toll Brothers v. Township of Mt. Olive and Jordan Developers v. Planning Board of Brigantine regarding the process for granting of an extension. Motion made by Mr. Belasco to allow consideration of the request to seek an extension, seconded by Mr. Jones and carried 7-1. Those in favor: Mr. Belasco, Mr. Crowley, Mr. Gorgone, Mayor Mullock, Mrs. Reed, Mr. Jones, Mr. Bezaire. Those opposing: Deputy Mayor Sheehan. Those abstaining: None. This vote was reconsidered, and the Board re-voted after the meeting was opened to the public. Discussion was opened to the public at 8:04 PM. Paul Johnston, 11 South Broadway, was sworn in by Solicitor King and spoke in opposition of the application stating that the applicant mentioned COVID but no other issues for this property that has been the subject of numerous applications since 2010. Mark Renna, 12 Second Avenue, was sworn in by Solicitor King and spoke in opposition of the application. He said the easement is inaccurately displayed in the application, and the final site plan approved in 2019 is inconsistent with the Department of Environmental Protection Coastal Area Facility Review Act (CAFRA) 2018 approval. Scott Maslow, 18 Second Avenue, was sworn in by Solicitor King. He said the applicant has filed many extensions, and the Planning Board does not have to automatically grant an extension. City of Cape May Planning Board Meeting Minutes, January 25, 2022 4 Ed Johnston, The Cove Restaurant, 405 Beach Avenue, was sworn in by Solicitor King and said the applicant did not show adequate reasons for an extension. He opposed the lack of details of the amenity space in the 2019 plan. Chris Johnson, 305 South Beach Avenue, was sworn in by Solicitor King and spoke in opposition of the application due to lack of reasons for the extension. Discussion was closed to the public at 8:28 PM. Motion made by Mr. Crowley to revote on whether the applicant can request an extension, seconded by Mr. Belasco and carried 7-1. Those in favor: Mr. Belasco, Mr. Gorgone, Mayor Mullock, Mrs. Reed, Mr. Crowley, Mr. Jones, Mr. Bezaire. Those opposing: Deputy Mayor Sheehan. Those abstaining: None. Motion made by Mr. Belasco to approve extension of approval for one year retroactive to August 19, 2021, seconded by Mr. Jones and did not carry 2-6. Those in favor: Mr. Belasco, Mr. Jones. Those opposing: Mr. Gorgone, Mayor Mullock, Deputy Mayor Sheehan, Mrs. Reed, Mr. Crowley, Mr. Bezaire. Those abstaining: None. Board members gave their reasons for their votes. Members Belasco and Jones said the applicant suffered from the impact of COVID. Member Gorgone said there were no zoning changes. Mayor Mullock said there was no new testimony provided. Deputy Mayor Sheehan said no case was presented on why the extension is needed. Member Crowley said nothing was done by the applicant in the twenty-four months after approval was granted. Member Reed and Chairperson Bezaire agreed with Member Crowley. Solicitor King explained the Permit Extension Act of 2020 (COVID-19 Extension). Motion made by Mayor Mullock to grant an extension of approval based on the Permit Extension Act of 2020 (COVID-19 Extension) for one year retroactive to August 2021, seconded by Mrs. Reed and did not carry 0-8. Those in favor: None. Those opposing: Mr. Belasco, Mr. Gorgone, Mayor Mullock, Deputy Mayor Sheehan, Mrs. Reed, Mr. Crowley, Mr. Jones, Mr. Bezaire. Those abstaining: None. Motion made to adjourn by Mr. Belasco at 8:51 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, January 25, 2022 5