06/28/2022 Planning Board Work Session

City of Cape May Planning Board Meeting Minutes Tuesday, June 28, 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 Absent Mr. Belasco Present Mr. Crowley Present Mr. Gorgone Present Mayor Mullock Absent Mrs. Reed Absent Deputy Mayor Sheehan Present Mr. Lundholm Present Mr. Maloy Alt # 1 Present Mr. Padussis Alt # 2 Present Also Present: Richard King, Esquire, Board Solicitor Karen Keenan, Board Secretary Minutes: Motion made by Mr. Crowley to approve the meeting minutes of May 24, 2022, seconded by Mr. Belasco and carried 5-0. Those in favor: Mr. Belasco, Mr. Crowley, Mr. Lundholm, Mr. Padussis, Mr. Bezaire. Those opposing: None. Those abstaining: Mr. Gorgone, Deputy Mayor Sheehan, Mr. Maloy. Resolution(s): Motion made by Mr. Belasco to adopt Resolution number 06-28-2022: 1, Trustees of the First Presbyterian Church of Cape May, 500 Hughes Street, seconded by Mr. Lundholm and carried 5-0. Those in favor: Mr. Belasco, Mr. Crowley, Mr. Lundholm, Mr. Padussis, Mr. Bezaire. Those opposing: None. Those abstaining: Mr. Gorgone, Deputy Mayor Sheehan, Mr. Maloy. Discussion: Zoning Board of Adjustment Annual Decisions 2019, 2020 and 2021 Chairperson Bezaire explained the Zoning Board is required by law to present annual reports and forwarded reports for a couple years of decisions. The Planning Board looks for a pattern of decisions for the possibility of a change needed to a section of an ordinance. City of Cape May Planning Board Meeting Minutes, June 28, 2022 1 Solicitor King shared an example of the pattern of decisions on demolitions of structures on undersized lots that resulted in the passing of a new ordinance. He said he does not recall any patterns in the past few years. Member Crowley said only two applications were denied out of approximately forty applications. Solicitor King replied there are reasons why a large percentage of applications are granted including attorneys have learned the Zoning Board rarely approves variances for floor area ratio and advise their clients against asking for floor area ratio variances, the Board Engineer acts as a filter for the Board and will suggest to architects and attorneys to remove variances that would be denied from an application, and approved applications are not what the applicants originally requested. He went on to say approximately thirty percent of applications, that would be denied, are never submitted to the Zoning Board. Solicitor King said the Zoning Board is not overly liberal particularly if there are objectors. Deputy Mayor Sheehan asked why Zoning Board votes on applications as a whole. Solicitor King replied that there is direction by law to vote on applications as a whole, and variances are often tied together. He did say there are occasions where there are separate votes on variances where it appears the Zoning Board is not in favor of a certain variance but may vote in favor of another requested variance. Member Crowley asked about the eleven variances for parking. Solicitor King stated that parking variances are rare with none likely granted for new construction. He added that the variances granted for parking likely were for improved parking where there was existing parking for one vehicle or none. Fire Pits Chairperson Bezaire advised the discussion on fire pits is for initial thoughts, not in-depth discussion. Member Belasco explained the Zoning Officer said there is no guidance in the code regarding commercial and residential fire pits, and the Zoning Officer has been treating them as secondary structures. Deputy Mayor Sheehan shared she was approached about the Peter Shields fire pit which was not shown in the approved Zoning Board application. She called the Department of Community Affairs who said a new gas line has to be inspected with concern for flood area safety. Member Lundholm said the Fire Department has received complaints regarding residential fire pits but not commercial fire pits. The Fire Department would shut down any fire pits that were found on a porch or were otherwise unsafe. An open flame to burn trash is not permitted. Member Belasco said more and more applications for fire pits are being received, and the manufacturer’s guide is brought in for review on placement of the fire pits. Chairperson Bezaire will ask the Board Engineer to research the subject. Solicitor King said the Board must discuss and resolve what it wants regarding fire pits. He believes a fire pit is a structure. City of Cape May Planning Board Meeting Minutes, June 28, 2022 2 There was no public present to comment. Motion made to adjourn by Mr. Belasco at 6:56 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, June 28, 2022 3