09/13/2022 Planning Board Meeting

City of Cape May Planning Board Meeting Minutes Tuesday, September 13, 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 Absent 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: Timothy Mooney, Esquire, for Richard King, Esquire, Board Solicitor Craig Hurless, Board Engineer and Planner Karen Keenan, Board Secretary Minutes: Motion made by Mr. Crowley to approve the meeting minutes of August 9, 2022, seconded by Mrs. Reed and carried 8-0. Those in favor: Mayor Mullock, Deputy Mayor Sheehan, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Maloy, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: Mr. Belasco. Resolution(s): Motion made by Mr. Crowley to adopt Resolution number 09-13-2022: 1, Jersey Development Group, LLC, 458 West Perry Street, seconded by Deputy Mayor Sheehan and carried 8-0. Those in favor: Mayor Mullock, Deputy Mayor Sheehan, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Maloy, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: Mr. Belasco. City of Cape May Planning Board Meeting Minutes, September 13, 2022 1 Discussion: Master Plan Consistency Review of Ordinance 475-2022 Update Local Requirements for Stormwater Management to Reflect Amendments to the NJ DEP Stormwater Management Rules Under NJAC 7:8 Board Engineer Craig Hurless reviewed his memorandum dated September 1, 2022 and advised the Board that the ordinance is to update local requirements for major developments to go with greener technology for stormwater management. He added that residential projects are already subject to the requirements under the Residential Site Improvement Standards (RSIS). The ordinance supersedes all local ordinances and brings Cape May’s ordinances for commercial projects into compliance with modern day best practices. He said the biggest change is the definition of major development in the ordinance to be an individual development and multiple developments that individually or collectively are the disturbance of one or more acres, creation of one-quarter acre of impervious or motor vehicle surface, individually or combined. He said this lessens the current, more stringent, threshold of 5,000 square feet and will rarely apply in Cape May. Engineer Hurless said the Board can verify if the ordinance is consistent with the Master Plan and send recommendations or change requests to City Council for revision to the ordinance. He listed the Master Plan conservation element and resiliency element sections that are consistent with the ordinance. He said the City’s smaller lot size likely will not make the regulations applicable and recommendations could be made to revise the major development definition to what currently exists and/or add a stormwater control ordinance section or separate ordinance for redevelopment and infill projects to better fit Cape May and improve stormwater conditions in the City. Deputy Mayor Sheehan asked if the definition should stay consistent, and Engineer Hurless said developers would have a problem complying because the lots are so small. Deputy Mayor Sheehan asked about the development at Washington Street and Texas Avenue. Engineer Hurless replied that the Washington and Texas development is residential and ruled by RSIS. The ordinance is about commercial developments only. Chairperson Bezaire asked for suggestions of the Board Engineer. Engineer Hurless replied that he finds the ordinance consistent with the Master Plan and suggests the Planning Board ask City Council to revise the definition of major development which could be determined by the City Engineer and him. Engineer Hurless said City Council can adopt the ordinance and subsequently adopt a follow-up ordinance. Motion made by Mr. Crowley that Ordinance No. 475-2022 is consistent with the 2019 Master Plan with the Board Secretary to report such to City Council, seconded by Mr. Jones and carried 9-0. Those in favor: Mr. Belasco, Mayor Mullock, Deputy Mayor Sheehan, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Maloy, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. City of Cape May Planning Board Meeting Minutes, September 13, 2022 2 Motion made by Mr. Jones that City Council, regarding Ordinance No. 475-2022, revise the proposed definition of “major development” similar to what currently exists and which is consistent with the 2019 Master Plan and develop an additional stormwater control ordinance section for redevelopment and infill projects to be determined based upon the Board Engineer recommendation and Planning Board review, seconded by Deputy Mayor Sheehan and carried 9-0. Those in favor: Mr. Belasco, Mayor Mullock, Deputy Mayor Sheehan, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Maloy, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Fire Pits Chairperson Bezaire introduced the topic by explaining that the Zoning Official finds no guidance in the code regarding fire pits. Engineer Hurless referenced his memorandum dated September 1, 2022 and the definition of a structure: A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land. He added this definition in the zoning ordinance is a standard definition with gray area. He said a flagpole is a structure. Chairperson Bezaire asked if there is a difference between a fire pit with gas piping and a portable fire pit that can be purchased at a hardware store. Member Crowley thought a fire pit is the same as a permanent gas grill. Chairperson Bezaire, Member Crowley and Member Belasco agreed that a fire pit is an appliance similar to a gas grill. It was determined that fire pits are to be treated not as structures but as gas appliances. Discussion was opened and closed to the public at 7:11 PM with no public coming forward to comment. Motion made to adjourn by Mr. Belasco at 7:11 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, September 13, 2022 3