01/14/2025 Planning Board Meeting

City of Cape May Planning Board Meeting Minutes Tuesday, January 14, 2025 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. Crowley Present Mr. Gorgone Present Mr. Lundholm Present Deputy Mayor McDade Present Mayor Mullock Present Mrs. Reed Present Mr. Riggs Present Mr. Padussis Alt # 1 Present Mr. Crippen Alt # 2 Present Also Present: Richard King, Esquire, Board Solicitor Craig Hurless, Board Engineer and Planner Karen Keenan, Board Secretary Reorganization: Oaths of Office: Members with expiring terms and new member Deputy Mayor McDade took the Oath of Office as administered by Board Solicitor King. Election of Chairperson: Motion made by Mr. Lundholm to appoint William Bezaire as Chairperson of the Board, seconded by Mr. Padussis and carried 9-0. Those in favor: Mr. Gorgone, Mayor Mullock, Deputy Mayor McDade, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Election of Vice Chairperson: Motion made by Mr. Gorgone to appoint Michael Jones as Vice Chairperson of the Board, seconded by Deputy Mayor McDade and carried 9-0. Those in favor: Mr. Gorgone, Mayor Mullock, Deputy Mayor McDade, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Appointment of Board Attorney: City of Cape May Planning Board Meeting Minutes, January 14, 2025 1 Motion made by Mr. Jones to appoint Richard King, Esquire, as Board Attorney, seconded by Mr. Lundholm and carried 9-0. Those in favor: Mr. Gorgone, Mayor Mullock, Deputy Mayor McDade, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Appointment of Board Engineer/Planner: Motion made by Mr. Jones to appoint Craig R. Hurless of Hurless Planning & Engineering LLC as Engineer and Planner to the Board, seconded by Mr. Lundholm and carried 9-0. Those in favor: Mr. Gorgone, Mayor Mullock, Deputy Mayor McDade, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Conceptual Review Committee: Motion made by Mr. Jones to appoint Mr. Gorgone, Mr. Crowley and Mr. Riggs to serve on the Conceptual Review Committee, seconded by Deputy Mayor McDade and carried 9-0. Those in favor: Mr. Gorgone, Mayor Mullock, Deputy Mayor McDade, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Adoption of Meeting Dates and Time for 2025: Motion made by Mr. Crippen to adopt the Planning Board 2025 meeting dates and 6:30 PM start time, seconded by Mrs. Reed and carried 9-0. Those in favor: Mr. Gorgone, Mayor Mullock, Deputy Mayor McDade, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Designation of Official Newspapers for Public Notice: Motion made by Mr. Crippen to designate Cape May County Herald official newspaper for public notification purposes and the Press of Atlantic City specifically as the newspaper only in the event the Cape May County Herald is unable to publish for public notification purposes, seconded by Mrs. Reed and carried 9-0. Those in favor: Mr. Gorgone, Mayor Mullock, Deputy Mayor McDade, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Resolutions: Motion made by Mr. Gorgone adopt Resolution number 01-14-2025: 1, appointing the Planning Board Attorney, with the contract to be corrected to replace RMKLAW with KBLAW, seconded by Mr. Jones and carried 9-0. Those in favor: Mr. Gorgone, Mayor Mullock, Deputy Mayor McDade, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. City of Cape May Planning Board Meeting Minutes, January 14, 2025 2 Motion made by Mr. Crowley to adopt Resolution number 01-14-2025: 2, appointing the Planning Board Engineer and Planner, seconded by Mr. Gorgone and carried 9-0. Those in favor: Mr. Gorgone, Mayor Mullock, Deputy Mayor McDade, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Motion made by Mr. Crippen to adopt Resolution number 01-14-2025: 3, 518 Washington Street LLC, 518 Washington Street, Block 1051 Lot(s) 5 C-1 and C-2, seconded by Mr. Lundholm and carried 6-1. Those in favor: Mr. Gorgone, Mrs. Reed, Mr. Lundholm, Mr. Riggs, Mr. Jones, Mr. Bezaire. Those opposing: Mr. Crowley. Those abstaining: Mayor Mullock, Deputy Mayor McDade. Minutes: Motion made by Mr. Crowley to approve the meeting minutes of December 10, 2024, as amended, seconded by Mr. Gorgone and carried 7-0. Those in favor: Mr. Gorgone, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: Mayor Mullock, Deputy Mayor McDade. Application(s): Katherine A. Healey 230, 236 & 248 Grant Street Block 1019 Lot(s) 12, 13.01 & 14 Solicitor King announced the application to be adjourned to be heard at the February 11, 2025 meeting with no further public notice required, except in the event the application is significantly changed and/or substantive additional variance relief are needed. King’s Café LLC – Joseph and Kate Chew 401 Lafayette Street, Block 1046 Lot(s) 8 Solicitor King announced that two members, Mayor Mullock and Deputy Mayor McDade, who were not present at the December 10, 2024 meeting, certified that they listened to the application so that they may vote on the application as a continuation of the prior application hearing. Attorney Bruce Conwell of Cafiero Law provided a summary of the application, which was adjourned at the December 10, 2024 meeting, so the applicant could redesign the plans, including adding bollards to the design, based on the comments of the board. He described the application for amended preliminary and final site plan approval and variance relief to reconfigure seating and parking and add two six-foot benches. Engineer Brian Murphy of M. V. Engineering LLC was present and accepted as an expert by Chairperson Bezaire. Engineer Murphy, Owner Kate Chew and Board Engineer Craig Hurless were sworn in by Solicitor King. Engineer Murphy reviewed the revised Outdoor Seating Plan with the board including the addition of bollards and outdoor table seating, elimination of a parking spot (from seven spaces to six spaces) to eliminate unsafe backout parking onto Lafayette Street and to provide outdoor table City of Cape May Planning Board Meeting Minutes, January 14, 2025 3 seating plus two six foot benches for waiting customers. The parlor seating will total six indoor seats, and outdoor seating will be twenty four seats. Engineer Murphy testified there is no negative impact on the zone plan and zoning ordinance. He stated land use law would be advanced by the following special reasons: encourage municipal action to guide appropriate use/development of lands to promote public health, safety and general welfare, provide sufficient space and appropriate locations for commercial uses, promote a desirable visual environment through creative development techniques and good civic design and arrangement and encourage the efficient use of land. Engineer Murphy said there is no change in the lighting, but the bollards will have lighting. Board members were allotted time for questions. Member Jones asked about the hatched area on the plan for handicap access, and Engineer Murphy described the striping that is standard to prevent non-handicap parking in that area. Member Riggs asked about the bollards, and Engineer Murphy and Attorney Conwell said they will meet the requirements of Engineer Hurless and the Police and Fire Chiefs. Attorney Conwell distributed Exhibit A-1 consisting of three pages including an email message with dimensions of the benches, tables and chairs and photos of the benches, tables and chairs. Attorney Conwell said they would obtain Historic Preservation Commission approval of the chairs, seating and bollards. Engineer Hurless then summarized his memorandum dated January 2, 2025 including his completeness review with the waiver he supported. He described the 2019 board approval and summarized the details of the variances requested including decreasing the number of parking spaces from seven approved in 2019 to six with ten spaces being the requirement. He had no issue with the application from a safety standpoint. The General Review Comments 1-13 were reviewed and explained in detail with all items classified as conditions of approval including the applicant agreed to parking stops and two bollards per parking space. The Fire and Police Departments recommended approval, with condition of additional bollards, of the project in their reports dated January 7, 2025. Board members were allotted time for questions. Member Crowley asked about the lighting requirement. Engineer Hurless said the lighting requirement was waived when the application was approved in 2019, because there was no outdoor seating proposed then. A lighting design must be provided as a condition of approval. Discussion was opened to the public within two hundred feet and beyond at 7:09 PM and closed with no public coming forward to comment. Attorney Conwell made a closing statement. Motion made by Mr. Crowley to grant amended preliminary and final approval, §525-60B & D Accessibility – Sidewalk variance, §525-49C Number of Parking Spaces variance, and §525-22A1(h) Maximum Distance of Outdoor Seats from Structure variance with no waivers, subject to a lighting plan, acceptable to the Board Engineer, required and subject City of Cape May Planning Board Meeting Minutes, January 14, 2025 4 to the conditions of approval 1-13, as outlined on pages five and six in the January 2, 2025 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME and subject to all conditions, including two bollards per parking space and additional bollards around the new seating area, discussed at the hearing, seconded by Mr. Lundholm and carried 9-0. Those in favor: Mr. Gorgone, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Members gave reasons for their votes. Mayor Mullock complimented the applicant on the newer building and appreciated the project regarding safety and the additional seating. Deputy Mayor McDade commended the applicant on presenting a plan that serves the public from a safety standpoint and enhances the area. Member Riggs thanked the applicant for presenting a safer and more comprehensive plan. Discussion: Payment of Bills Motion made by Mr. Crippen to approve the payment of bills, seconded by Mr. Jones and carried 9-0. Those in favor: Mr. Gorgone, Mayor Mullock, Deputy Mayor McDade, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Municipal Public Access Plan Board Engineer Craig Hurless asked the members to read the Municipal Public Access Plan that was distributed at the meeting. The plan will be reviewed for master plan consistency at the January 28, 2025 meeting. Motion made to adjourn by Mr. Lundholm at 7:14 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, January 14, 2025 5