04/26/2022 Planning Board Work Session

City of Cape May Planning Board Meeting Minutes Tuesday, April 26, 2022 Opening: The meeting of the City of Cape May Planning Board was called to order by Vice Chairperson Michael Jones at 6:33 PM in the City Hall Auditorium. In compliance with the Open Public Meetings Act, adequate notice was provided. Roll Call: Mr. Bezaire, Chairperson Absent 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 Present Mr. Padussis Alt # 2 Present Also Present: Richard King, Esquire, Board Solicitor Craig Hurless, Board Engineer and Planner Karen Keenan, Board Secretary Minutes: Motion made by Mr. Gorgone to approve the meeting minutes of March 22, 2022, as corrected in the first paragraph of page two: add NAVD 1988 after 9 1/2 feet and eliminate above mean sea level, seconded by Mr. Belasco and carried 7-0. Those in favor: Mr. Belasco, Mr. Gorgone, Deputy Mayor Sheehan, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Jones. Those opposing: None. Those abstaining: Mr. Maloy, Mr. Padussis. Application: SP Cape May Marina LLC 124 Rosemans Lane Block 1061, Lot(s) 101.05 Solicitor King shared that the applicant’s attorney’s partner, Anthony Monzo, Esq., hired Solicitor King to work on an estate that is not affiliated with the applicant and does not present a conflict of interest. City of Cape May Planning Board Meeting Minutes, April 26, 2022 1 Mayor Mullock joined the meeting at 6:46 PM. It was later learned that he recused himself from the hearing of this application due to a financial interest in the marina. Attorney Andrew Catanese introduced Planner and Engineer Jay Sciullo and the application to change the use of the third floor to a transient rental unit. Planner Sciullo and Board Engineer and Planner Craig Hurless were sworn in by Solicitor King. Attorney Catanese said they seek no expansion nor variances and did request a waiver of site plan review. Mr. Sciullo presented his credentials and was accepted as an expert planner and engineer by Vice Chairperson Jones. Planner Sciullo showed and described Sheets T-101 and A-101, both titled - Third Story Alterations and Renovations and part of the application packet. Planner Sciullo stated that the rental unit would be used only for traveling boaters and would be helpful for fishing tournaments, stopovers, and special events. He added that the proposed use is a reduction in intensity over the current use. Board members were allotted time for questions and asked if three separate one bedroom units were proposed and about parking. Attorney Catanese replied that the project is for one unit of three bedrooms. Discussion on parking ensued. Engineer Hurless stated that no parking of cars is needed for the unit, as the tenants arrive by boat. Attorney Catanese said there is no plan to convert the space to a condominium and that the proposed unit can only be rented if a slip is available for the boat to dock. Member Gorgone said the project enhances what the marina offers boaters and is a great idea. Discussion was opened to the public at 7:14 PM. Jules Rauch, 1010 New York Avenue, was sworn in by Solicitor King and said he has traveled by boat to Florida and Louisiana. He said the transient facilities and docks work well for travelers and for fishing tournaments. He noted a lack of transient docking space at the property. Discussion was closed to the public at 7:15 PM. Board Engineer Hurless said that the comments in his report dated March 21, 2022 had already been discussed at the meeting. He did not have an issue with the waiver of the site plan requirements and added that this is a by-right permitted use. He asked that his general review comments 1-9 be conditions of approval. After a short discussion, it was decided to add that Historic Preservation Commission (HPC) approval will be required, if applicable. Board members were allotted time for questions of Engineer Hurless. Deputy Mayor Sheehan asked if a Council on Affordable Housing (COAH) payment would be required. Member Belasco replied that a commercial COAH fee would be required. Member Crowley advised that the variance table in the application shows two parking spaces required. Attorney Catanese replied that there is no parking requirement, and the two parking City of Cape May Planning Board Meeting Minutes, April 26, 2022 2 spaces indicated is incorrect and should be zero. Engineer Planner Hurless agreed with Attorney Catanese that there is no parking required. There was discussion on the tax ramifications, and Solicitor King advised that tax issues are not for Planning Board review. Motion made by Mr. Gorgone to waive requirement of site plan approval for transient accommodations associated with boat slip use subject to conditions 1-9 with condition number 8 amended to include HPC approval if required, as outlined in Board Engineer’s Memorandum dated March 21, 2022, seconded by Mr. Lundholm and carried 9-0. Those in favor: Mr. Belasco, Mr. Gorgone, Deputy Mayor Sheehan, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Maloy, Mr. Padussis, Mr. Jones. Those opposing: None. Those abstaining: None. 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 stated that his March 17, 2022 memorandum on this ordinance still applies to the revised ordinance which was received on April 20, 2022 in the Board Office. After discussion, the Board determined that Section 525-59(D) 3 should read: The level of the lowest floor is to be not less than 9 1/2 (NAVD 88) [versus 10 1/2 feet], with “above mean sea level” to be struck in order for the ordinance to be consistent with the Master Plan recommendation items 30 and 31. After discussion, it was determined that the Board should send the proposed recommendation for Council to reconsider for the ordinance. Motion made by Mr. Lundholm 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 (3) to read 9.5 (NAVD 88) and the words: “above mean sea level” to be struck in order to be consistent with 2019 Master Plan Reexamination Recommendation Numbers 30 and 31, 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. Maloy, Mr. Jones. 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 The Board discussed the revised ordinance which was received in the Board Office on April 20, 2022 from City Solicitor Chris Gillin-Schwartz. Board Solicitor King reported that he shared the March 22, 2022 comments of the Board with Solicitor Schwartz, as was directed by the Board. City of Cape May Planning Board Meeting Minutes, April 26, 2022 3 After a brief discussion, the Board found the ordinance language that now includes Item F of Section 1 allowing “the running of the period of limitation herein shall be tolled for up to twenty (20) business days to accommodate permit review…” provided that the applicant has applied for a building permit to be consistent with the 2019 Master Plan and advised the Board Secretary to report such to City Council. Motion made by Mr. Crowley that Ordinance No. 457-2022 is consistent with the 2019 Master Plan with the Board Secretary to report such to City Council, 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. Maloy, Mr. Jones. Those opposing: None. Those abstaining: None. Motion made to adjourn by Mr. Crowley at 8:00 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, April 26, 2022 4