07/11/2023 Planning Board Meeting

City of Cape May Planning Board Meeting Minutes Tuesday, July 11, 2023 Opening: The meeting of the City of Cape May Planning Board was called to order by Chairperson Bill Bezaire at 6:31 PM in the City Hall Auditorium. In compliance with the Open Public Meetings Act, adequate notice was provided. Pledge of Allegiance Roll Call: Mr. Bezaire, Chairperson Present Mr. Jones, Vice Chairperson Absent Mr. Crowley Present Mr. Gorgone Present Mr. Lundholm Present Mayor Mullock Absent Mrs. Reed Present Councilmember Yeager Present Vacant --------- 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 Resolution(s): Motion made by Mr. Gorgone to adopt Resolution number 07-11-2023: 1, Mahalo Cape May, LLC, 1033 Beach Avenue, Block 1101 Lot(s) 1, seconded by Mrs. Reed and carried 5-0. Those in favor: Mr. Gorgone, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Padussis. Those opposing: None. Those abstaining: Mr. Lundholm, Mr. Maloy, Mr. Bezaire. Motion made by Mr. Gorgone to adopt Resolution number 07-11-2023: 2 Master Plan Consistency Review of Ordinance 507-2023 Amending Zoning Code to Include Minimum Requirements for Landscape Buffers to Surround Private and Semiprivate Swimming Pools, seconded by Councilmember Yeager and carried 8-0. Those in favor: Mr. Gorgone, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Maloy, Mr. Padussis, Mr. Bezaire. Those opposing: None. Those abstaining: None. Motion made by Mr. Crowley to adopt Resolution number 07-11-2023: 3 Master Plan Consistency Review of Ordinance 508-2023 Updating and Adopting Historic Design Standards for Historic Preservation Commission, seconded by Mr. Lundholm and carried 8- 0. Those in favor: Mr. Gorgone, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Maloy, Mr. Padussis, Mr. Bezaire. Those opposing: None. Those abstaining: None. City of Cape May Planning Board Meeting Minutes, July 11, 2023 1 Minutes: Motion made by Mr. Gorgone to approve the meeting minutes of June 13, 2023, seconded by Mr. Padussis and carried 5-0. Those in favor: Mr. Gorgone, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Padussis. Those opposing: None. Those abstaining: Mr. Lundholm, Mr. Maloy, Mr. Bezaire. Discussion: Master Plan Consistency Review of Ordinance 507-2023 Amending Zoning Code to Include Minimum Requirements for Landscape Buffers to Surround Private and Semiprivate Swimming Pools Councilmember Yeager reported the Environmental Commission’s intention was not to designate any types of plants, which he felt would be unenforceable. Chairperson Bezaire asked if property owners would have to remove existing garages and sheds and questioned why drought tolerant plants to be required but also irrigation systems to be required too. Councilmember Yeager said whatever is planted needs to be maintained. He agreed that non-invasive plants should be used at the discretion of the property owners, and the city could recommend plants. Member Reed asked if the goal is to provide privacy to neighbors to alleviate noise. Councilmember Yeager replied yes and for visual privacy also. Member Crowley thought there is a lack of standards in the code for pools. Chairperson Bezaire said there are zoning rules for pools. Engineer Hurless said no recommendation was made after the master plan reexamination discussions, as there was no consensus on the board. He said the governing body has been receiving complaints about pools. He added that the board is to find if the ordinance is consistent with the master plan and noted the board can send recommendations back to council regarding the ordinance. There was a discussion on private and semi-private recreational facilities with swimming pools covered in §525-62A. Solicitor King said residential swimming pools are private pools including residential rentals. He felt there is a rational basis to regulate the plantings as a buffer as described in the ordinance, but the irrigation requirement could be onerous. Current pools, garages and sheds would not be affected by the ordinance. The three recommendations to send to City Council were determined to be: 1. Regarding the landscaping buffer, the applicant should not be limited only to the Environmental and Shade Tree Commissions’ lists of species, but rather should require a species that will be an effective buffer for the locale, but the lists are only for recommendation. 2. A shed, garage or similar existing accessory structure may serve as a “fence” for purposes of surrounding the pool so long as it provides a substantially similar protection and complies with all other codes and regulations. City of Cape May Planning Board Meeting Minutes, July 11, 2023 2  3. Irrigation should be recommended but not required. Engineer Hurless referred to his memorandum dated July 5, 2023. Motion made by Mr. Gorgone to adopt Resolution number 07-11-2023: 2 Ordinance 507- 2023 Amending Zoning Code to Include Minimum Requirements for Landscape Buffers to Surround Private and Semiprivate Swimming Pools is consistent with the master plan provided the three recommendations are implemented, seconded by Councilmember Yeager and carried 8-0. Those in favor: Mr. Gorgone, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Maloy, Mr. Padussis, Mr. Bezaire. Those opposing: None. Those abstaining: None. Mr. Crowley expressed his concern regarding consistency with the master plan and wants further discussion on the pool-related issues that stymied the board when the master plan was last adopted. Master Plan Consistency Review of Ordinance 508-2023 Updating and Adopting Historic Design Standards for Historic Preservation Commission Chairperson Bezaire asked the members for comments on the updated Historic Preservation Commission (HPC) Design Standards. Member Reed asked about the strikethroughs of text describing the history of the city. Present at the meeting for the HPC were Chairperson Warren Coupland, HPC Commissioner Philippa Campbell, HPC Solicitor Robert Fineberg and Grant Consultant Steven Smolyn. Mr. Coupland explained the current standards are twenty years old and needed updating. He said the new design standards were produced under a state grant and believed the new design standards are a high quality product. Consultant Smolyn said the history has been consolidated and referred to the historic overview on pages six and seven. Engineer Hurless commended the HPC on the product and referred to his memorandum dated July 5, 2023. He said it is very easy to find consistency with the master plan, as it was specifically recommended to be updated. He said there was clarification on page nine regarding the development review process. Solicitor King suggested to the HPC that they treat the new design standards as the boards treat the ordinances to create the best HPC record moving forward. Motion made by Mr. Crowley to adopt Resolution number 07-11-2023: 3 Ordinance 508- 2023 Updating and Adopting Historic Design Standards for Historic Preservation Commission to be consistent with the master plan, seconded by Mr. Lundholm and carried 8- 0. Those in favor: Mr. Gorgone, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Maloy, Mr. Padussis, Mr. Bezaire. Those opposing: None. Those abstaining: None. Motion made to adjourn by Mrs. Reed at 7:33 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, July 11, 2023 3