03-23-2021 Planning Board Work Session - Virtual

City of Cape May Planning Board Meeting Minutes Tuesday, March 23, 2021 Opening: The virtual meeting of the City of Cape May Planning Board was called to order by Chairperson Bill Bezaire at 6:30 PM. 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. Elwell Present Mr. Moffatt Present Mayor Mullock Present Deputy Mayor Sheehan Absent Mr. Shuler Present Dr. Wolf Present Mr. Gorgone Alt # 1 Present Mrs. Reed Alt # 2 Present Also Present: Richard King, Esquire, Board Solicitor Craig Hurless, Board Engineer and Planner Karen Keenan, Board Secretary Discussion: Master Plan Consistency Review of Ordinance No. 416-2021 – An Ordinance Establishing Conditional Use Standards for Small Wireless Facilities in the Rights-of-Way in the City of Cape May Chairperson Bezaire opened the discussion by asking Engineer and Planner Hurless to give a short dissertation on why the matter was sent to the Planning Board. Planner Hurless said the ordinance was sent to the Planning Board for master plan consistency determination, because it is a land use ordinance. He referred to his memorandum dated March 18, 2021 and shared that he reviewed the ordinance and the Master Plan. He said he found the ordinance is compliant and consistent. He said small wireless facilities tend to be numerous and installed on telephone poles. The ordinance establishes conditional use standards, height requirements, location and aesthetic requirements and also recognizes the historic nature of the City by providing for Historic Preservation Commission review of plans for small wireless facilities. Board members were permitted time for questions of Planner Hurless. Member Elwell asked about neighboring municipalities’ adoption of these kinds of standards. Member Belasco said that West Cape May has and asked Planner Hurless to share the time review requirements for this type of application. Planner Hurless said a lot of the regulations are driven by the FCC with the time for ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, March 23, 2021 1 review currently at ten days, but the ordinance allows for additional review time. Member Gorgone asked about the ability of the City to limit the applications by providers, and Planner Hurless said the City would not be able to limit the providers. There was discussion on the appearance of the units. Member Belasco reported on units he has seen where there is a pole installed next to another pole, and the units are not attractive. Member Wolf asked if the Planning Board can say that the ordinance is consistent with the Master Plan but that they are concerned. Solicitor King said this a way to capture regulation and he is not sure that it is consistent with the Master Plan. He added that without an ordinance, small wireless facilities may proceed to be installed haphazardly in an unregulated way. Mayor Mullock joined the meeting at 6:57 PM. Solicitor King filled in Mayor Mullock on the discussion including expert testimony being shared. Mayor Mullock said the ordinance gave power to the Planning Board. Otherwise, the FCC regulations would allow less control to Cape May. Solicitor King said it is a defensive measure: regulated over unregulated. Mayor Mullock said he agrees on more control for the Planning Board and the Historic Preservation Commission. Solicitor King said the Planning Board can approve with comment to City Council, and Chairperson Bezaire agreed with Solicitor King. Solicitor King said that he believes City Solicitor Gillin-Schwartz drafted the ordinance to maximize control without violating the FCC regulations. City Solicitor Chris Gillin-Schwartz joined the meeting at 7:08 PM. City Solicitor Gillin-Schwartz shared that he attended a League of Municipalities seminar lead by an attorney, and the ordinance was written with input from solicitors and research from the seminar. He said that the following municipalities have this type of ordinance: West Cape May, Wildwood Crest, Sea Isle City and Cape May Point. He added that he believes that Cape May is behind and should make suppliers come to the Planning Board for approval or the Zoning Board for “D” variances plus HPC review and also allow the HPC to create design standards for small wireless facilities. Motion made by Mr. Elwell to postpone the discussion for two weeks was not seconded. Motion made by Mr. Gorgone that the Planning Board finds Ordinance 416-2021 is consistent with the Master Plan with the Planning Board’s request that City Council make best efforts to maximize the regulation to reduce the number and amount of the small wireless equipment and facilities to the extent they are able under FCC regulations seconded by Dr. Wolf and carried 7-2. Those in favor: Mr. Belasco, Mr. Moffatt, Mayor Mullock, Dr. Wolf, Mr. Gorgone, Mr. Jones, Mr. Bezaire. Those opposing: Mr. Elwell, Mr. Shuler. Those abstaining: None. Solicitor King called the vote, as Board Secretary Keenan’s access to the meeting had been temporarily interrupted. ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, March 23, 2021 2 Discussion was opened to the public at 7:24 PM and closed to the public at 7:24 PM with no public coming forward to comment. Mayor Mullock said City Council would be happy to entertain any suggestions on the ordinance. Solicitor King advised the members that they can speak at a City Council meeting as a citizen but not as a Planning Board member. Motion made to adjourn by Mr. Gorgone at 7:26 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, March 23, 2021 3