12/13/2022 Planning Board Meeting

City of Cape May Planning Board Meeting Minutes Tuesday, December 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 Present Mayor Mullock Present Mrs. Reed Present Deputy Mayor Sheehan Present Mr. Lundholm Present Mr. Maloy Alt # 1 Present Mr. Padussis Alt # 2 Absent 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 November 7, 2022, seconded by Mr. Belasco and carried 7-0. Those in favor: Mr. Belasco, Mr. Gorgone, Mayor Mullock, Mrs. Reed, Mr. Crowley, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: Deputy Mayor Sheehan, Mr. Lundholm. Resolution(s): Motion made by Mr. Belasco to adopt Resolution number 12-13-2022: 1, 409 Elmira LLC, 409 Elmira Street, seconded by Mr. Jones and carried 4-2. Those in favor: Mr. Belasco, Mr. Gorgone, Mr. Jones, Mr. Bezaire. Those opposing: Mrs. Reed, Mr. Crowley. Those abstaining: Mayor Mullock, Deputy Mayor Sheehan, Mr. Lundholm. Discussion: Master Plan Consistency Review of Reintroduced Ordinance 485-2022 An Ordinance Amending Section 525 of the City of Cape May Code to Provide Minimum Stormwater City of Cape May Planning Board Meeting Minutes, December 13, 2022 1 Management and Grading Requirements in the City of Cape May and Regulation of Nuisance Causing Conditions Board Engineer Craig Hurless advised the reintroduced ordinance is the result of his work with the City Solicitor after the prior review and comments by the Planning Board. Engineer Hurless referred to his memorandum dated December 7, 2022 and reminded the Board they determined the ordinance to be consistent with the Master Plan at the last meeting, but they also found the ordinance had lacked a threshold for triggering the ordinance. He read the resulting changes to the purpose and scope section of the ordinance to be as follows: (1) Additions to any existing structure and/or site improvements which increase the impervious coverage by more than 200 square feet, or, any application requiring a variance for impervious coverage or lot coverage; or (2) The construction of any pool or accessory garage structure; or (3) The construction of a new principal structure Engineer Hurless said the reintroduced ordinance does not change the consistency with the 2019 Master Plan Reexamination, including the Conservation and Resiliency Elements. There was discussion on scenarios triggering the ordinance. Mayor Mullock said many complaints are received after a pool is installed and then the neighbor immediately has a stormwater problem. He said there was a new stormwater ordinance for major developments initiated by the state; this ordinance is for other projects. Engineer Hurless said most projects are not subject to the major development ordinance and maybe the 200 square feet coverage threshold could be replaced with a percentage of lot coverage. Chairperson Bezaire was concerned about homeowners. Deputy Mayor Sheehan said there has been a lot of construction with teardowns and new construction with neighbors then experiencing stormwater problems. Chairperson Bezaire commented that some areas of Village Green have drainage problems, and Ohio Avenue was developed flat and backs to Cape May Avenue which was developed after Ohio Avenue. Member Belasco said a project improvement cost that is 50% equalized assessed value of the property triggers the need to come into compliance with flood regulations and maybe another percentage could be used. Engineer Hurless recommended using lot coverage as a direct relationship to stormwater and drainage, as lot coverage has a direct correlation to stormwater. Discussion followed. Engineer Hurless summarized that the Board suggests 200 feet should be replaced with a lot coverage calculation, as the Board feels 200 feet is not a relationship to lot size. There was a discussion in treating a lot as vacant for a project on a developed lot. It was determined to recommend to City Council to change the 200 square feet to 5% lot coverage, add driveway to item 2 and remove the vacant clause in the ordinance. City of Cape May Planning Board Meeting Minutes, December 13, 2022 2 Motion made by Mr. Gorgone that Ordinance No. 485-2022 is consistent with the 2019 Master Plan regarding grading and drainage; the Board asked City Council to consider adding driveways to the scope and threshold section, changing the 200 square feet threshold to five percent of lot area and to remove the vacant clause in the General Requirements section of the ordinance, seconded by Mr. Jones and carried 9-0. Those in favor: Mr. Belasco, Mr. Gorgone, Mayor Mullock, Deputy Mayor Sheehan, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Master Plan Chairperson Bezaire advised the Board they will restart discussion next year on the recommendations in the 2019 Master Plan Reexamination and affordable housing. He asked members to send him topics they wish to discuss. Member Crowley will distribute a report he compiled on affordable housing to the Board through the Board Secretary. Member Belasco said the City has an unmet need of twelve units as of the last agreement with Fair Share Housing. Open to Public There was no public present to come forward to comment. Motion made to adjourn by Mr. Belasco at 7:43 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, December 13, 2022 3