03/22/2022 Planning Board Work Session

City of Cape May Planning Board Meeting Minutes Tuesday, March 22, 2022 Opening: The meeting of the City of Cape May Planning Board was called to order by Chairperson Bill Bezaire at 6:30 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 Mr. Lundholm Present Mr. Maloy Alt # 1 Absent Mr. Padussis Alt # 2 Absent Also Present: Richard King, Esquire, Board Solicitor Craig Hurless, Board Engineer and Planner Karen Keenan, Board Secretary Minutes: Motion made by Mr. Lundholm to approve the meeting minutes of February 22, 2022, seconded by Mr. Gorgone and carried 8-0. Those in favor: Mr. Belasco, Mr. Gorgone, Mayor Mullock, Deputy Mayor Sheehan, Mr. Crowley, Mr. Lundholm, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: Mrs. Reed. Discussion: Master Plan Consistency Review of Ordinance No. 456-2022 – An Ordinance Amending Section 525 of the City Code Regarding Vertical Datum Standards and Confirming the Applicability of NAVD 88 Planner Hurless shared his March 17, 2022 memorandum which included 2019 Master Plan Land Use Element Recommendation items 30 and 31 and said the proposed ordinance revisions are to change the measurements of heights and lowest floor elevations from 1929 NGVD datum to the 1988 NAVD datum. Planner Hurless commented that the heights listed in the ordinance in Section 525-59(D) 2 should read: Heights shall be measured from the mean level of the crown of the road (as determined by the City Engineer) or from elevation 10.0 (versus the 11.0 proposed in City of Cape May Planning Board Meeting Minutes, March 22, 2022 1 the Ordinance) (NAVD 88) whichever is greater and Section 525-59(D) 3 should read: The level of the lowest floor is to be not less than 9 1/2 feet (NAVD 88) (versus the 10 1/2 feet) to be consistent with the Master Plan recommendation items 30 and 31. After discussion, it was determined that the Board should send the proposed recommendations for Council to reconsider for the ordinance. Motion made by Mr. Jones to advise City Council that the Board found the ordinance to be inconsistent with the 2019 Master Plan Reexamination with encouragement to Council to modify such portions of the ordinance including Section 1, Item D (2) to read 10 (NAVD 88) and Section 1, Item D (3) to read 9.5 feet (NAVD 88) in order to be consistent with 2019 Master Plan Reexamination Recommendation Numbers 30 and 31, seconded by Deputy Mayor Sheehan and carried 9-0. Those in favor: Mr. Belasco, Mr. Gorgone, Mayor Mullock, Deputy Mayor Sheehan, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Master Plan Consistency Review of Ordinance No. 457-2022 – An Ordinance Amending Sections 525 and 417 of the City Code Regarding Expiration and Extension of Variance Approval Planner Hurless shared his March 17, 2022 memorandum which includes his review of the ordinance and said he found the proposed ordinance changes to be consistent with the 2019 Master Plan Reexamination. He added that the proposed ordinance also governs subdivision approval, and Section 445 should also be considered for revision by Council if the Board determines after discussion. Discussion ensued regarding the ordinance language and the building permit application process. It was determined that the Board Solicitor and the City Solicitor to discuss with the Board Solicitor to report back to the Planning Board. Motion made by Mr. Jones to table the subject with the Board Solicitor to discuss with the City Solicitor and report back to the Board, seconded by Mr. Belasco and carried 9-0. Those in favor: Mr. Belasco, Mr. Gorgone, Mayor Mullock, Deputy Mayor Sheehan, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Cape Jetty LLC Suit Solicitor King advised the Board that a suit has been filed by Cape Jetty LLC. Board members indicated that they want Solicitor King to answer and defend their decisions. The Board Secretary will send a copy of the complaint to the Board. Solicitor King advised that the Board has the option to go into closed session at the next meeting to discuss the matter with the answer being due on April 18, 2022. City of Cape May Planning Board Meeting Minutes, March 22, 2022 2 New Jersey Department of Environmental Protection - Protection Against Climate Threats Member Belasco, who also serves as Flood Plain Manager and Deputy City Manager, advised the Board that the New Jersey Department of Environmental Protection (NJ DEP) is requiring flood damage protection ordinances that were previously voluntary, now mandatory and starting with Cape May and Atlantic Counties. The ordinances rules, Protection Against Climate Threats (PACT), adopts five feet of freeboard on homes, roadways and parking lots, eliminates local decision making and affects land use law and boards. The risks of noncompliance are being dropped from the Community Rating System (CRS) and the National Flood Insurance Program (NFIP). Planner Hurless commented that PACT would negatively impact the Historic Preservation District. Member Belasco said there is nothing currently for the Board to do regarding the matter which Atlantic County is opposing and Cape May County is likely to also oppose soon. Open to Public: Discussion was opened to the public at 7:06 PM with no public coming forward to comment. Motion made to adjourn by Mr. Lundholm at 7:07 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, March 22, 2022 3