02/13/2024 Planning Board Meeting

City of Cape May Planning Board Meeting Minutes Tuesday, February 13, 2024 Opening: The meeting of the City of Cape May Planning Board was called to order by Chairperson Bill Bezaire at 6:32 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 Ms. McCorkel Present Mr. Crowley Present Mr. Gorgone Absent Mr. Lundholm Present Mayor Mullock Absent Mrs. Reed Present Councilmember Yeager Present Mr. Padussis Alt # 1 Absent Mr. Crippen Alt # 2 Present Also Present: 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 January 9, 2024, seconded by Mrs. Reed and carried 7-0. Those in favor: Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Ms. McCorkel, Mr. Crippen, Mr. Bezaire. Those opposing: None. Those abstaining: Mr. Jones. Discussion: Master Plan Consistency Review of Ordinance 525-2024 An Ordinance Amending Sections 482 & 525 to Update the Policies & Procedures for the Protection of Trees in the City of Cape May Chairperson Bezaire opened the discussion to comments. Board members offered no comments regarding the ordinance. Resolution: Motion made by Mr. Jones to adopt Resolution number 02-13-2024: 1, Master Plan Consistency Review of Ordinance 525-2024 An Ordinance Amending Sections 482 and 525 City of Cape May Planning Board Meeting Minutes, February 13, 2024 1 to Update the Policies & Procedures for the Protection of Trees in the City of Cape May, seconded by Mr. Crippen and carried 8-0. Those in favor: Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Ms. McCorkel, Mr. Crippen, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Application(s): Madison Cape May RE LLC 1025-1029 Beach Avenue Block 1095 Lot(s) 8-13 Attorney Anthony Monzo introduced the application for preliminary and final site plan approval and hardship and substantial benefit variance relief. Attorney Monzo provided the existing condition and uses at the property including a hotel, restaurant, liquor store and guest house for employees. He provided background of board approvals, in 2004, 2006, and 2010, which included stair enclosures, custodial and vending area spaces, and enlargement of three existing rooms. He said the proposed project has received conceptual approval from the Historic Preservation Commission (HPC). Attorney Monzo introduced applicant Dan Alicea, owner of Madison Cape May RE LLC, Engineer Andrew Schaeffer of Schaeffer Nassar Scheidegg Consulting Engineers LLC, and Architect Morris Clark of DAS Architects, Inc. Board Engineer and Planner Craig Hurless, Owner Alicea, Engineer Schaeffer, and Architect Clark were sworn in by Solicitor King for the record. Architect Clark presented his credentials and was accepted as an expert by Chairperson Bezaire. He presented and described in detail the following: Exhibit A, a colored Proposed Site Plan numbered Z-010 Exhibit B, colored renderings titled Exterior Perspectives and numbered: Z-700, Z-701, Z-702 and Z-703 Architect Clark described the sign plans and showed the proposed floor plans and exterior elevations, for both the hotel and the guest house, which are part of the application. He testified that tables marked “38” on the floor plans are less than thirty inches and they qualify as outdoor seats and not subject to parking calculations. There was an extended discussion on the subject. It was determined that under the ordinance, this particular seating is neither outdoor seating nor dining seating. It is treated as non-seating in the ordinance. Owner Alicea testified the fourth floor space would be for hotel guest use only. He explained they are trying to create a twelve-month operation at the property. Board members were allotted time for questions. Member Reed asked about the bar, stair access and placement, guest house parking, and electric vehicle charging. Member Crowley asked if there is a roof proposed over the new bar, and Architect Clark responded no. Member Crowley also asked about stacked parking. Engineer Hurless said stacked parking is not permitted for commercial properties. Owner Alicea said one parking pass is issued per hotel room, and the lot City of Cape May Planning Board Meeting Minutes, February 13, 2024 2 is monitored. Member Crippen asked about employee housing, and Owner Alicea replied they have employee housing in Wildwood Crest. Engineer Schaeffer said they seek a lot of variances. However, none of the setbacks are being exacerbated, and there is better flow at the property. He testified that there are no detriments to the community, the project creates light, air and open space, promotes a desirable visual environment with no substantial negative impacts, the benefits outweigh any detriments, and the project advances the purpose of preserving historic structures. He said lot coverage is being reduced which benefits storm water management, and parking is being improved by four spaces over current parking. He explained the proposed signage and said the overall signage space is being reduced over current signage and promotes general welfare by making the property easier to find. He added the sign on the pool equipment will reduce the sound and visual impact creating a benefit without a detriment. Engineer Hurless then summarized his memorandum dated January 5, 2024 including his completeness review with the waivers he supported and his comments on the nine variances required for this project. He said the board should vote if they want to grant preliminary and final site plan approval or vote to grant preliminary approval with the applicant to return for final site plan approval. Engineer Hurless supported the environmental impact statement (EIS) waiver. As the guest house was previously being utilized as employee housing and Engineer Hurless heard bed and breakfast use, he said he prefers hotel use. Owner Alicea testified that the use of the guest house will function as hotel use. Engineer Hurless said the hotel room count changes from 70 units to 74 units. He said there has been testimony that the building height will not exceed the maximum permitted. He changed his zoning table to proposed lot coverage to be 92.9%, as the landscaping is proposed to replace the concrete planned over the kiddie pool. Engineer Hurless asked that the number of restaurant seats be clarified. The General Review Comments 1-22 were reviewed and explained in detail with all items being classified as conditions of approval. The applicant testified a vehicle is being provided to shuttle employees to and from Wildwood Crest. All streetscape items must be on plans that are approved by the HPC. Guest house vehicles loading and unloading must be relocated within the site and not affect the bicycle lanes, and the applicant agreed. Engineer Hurless advised the Fire, Police and Public Works Departments approved the project with no conditions. He noted receipt of January 29, 2024 notice of conceptual approval from the HPC. The Environmental Commission recommended approval in their report dated February 2, 2024 with the condition that eco-friendly, native, low-water plant species be used and also strongly encouraged installation of electric vehicle charging stations. It was determined that three make ready spaces are required, and the applicant agreed to comply. The Shade Tree Commission recommended approval in their report dated February 1, 2024 with the condition that the plan as proposed cannot detrimentally affect trees located at 1020 and 1022 Stockton Avenue. The applicant agreed to comply with the Environmental Commission and Shade Tree Commission recommendations. Engineer Hurless stated the employee only stacked parking is to be signed and that no outdoor seating plan was approved at the meeting. Board members were allotted time for questions of Engineer Hurless. Member Crowley asked for clarification of the 277 restaurant seating number. Engineer Hurless replied, as a condition of approval, the applicant must provide a plan that agrees with 277 restaurant City of Cape May Planning Board Meeting Minutes, February 13, 2024 3 seats. After discussion, Attorney Monzo said the number of seats are to be 277 restaurant seats and bar seats combined. Discussion was opened to the public within two hundred feet at 9:15 PM. Tom Thistle, 1020 Stockton Avenue, was sworn in by Solicitor King. He expressed concern about the setback changing from two feet to zero feet. He would like the setback to remain at two feet. He asked if new street parking will be added to Stockton Avenue. Engineer Schaeffer replied no; the driveway will remain. Architect Clark explained that the setback to zero feet setback relates to a means of egress—the stairs, as seen on sheet Z-703 which is a part of Exhibit B. Discussion was opened to the public beyond two hundred feet at 9:23 PM. Jules Rauch, 1010 New York Avenue, was sworn in by Solicitor King. Mr. Rauch lives nearby. He said four, five, six employees park their cars in front of his house during the season, since some area workforce housing was moved. He felt move of workforce housing will attract more cars to New York and Madison Avenues. He believes twenty five occupants at the guest house will bring more cars to the area. He was also concerned about the use of the fourth floor deck. Discussion was closed to the public at 9:32 PM. The applicant requested a short break at 9:32 PM. The meeting resumed at 9:38 PM. Attorney Monzo made his closing statement and confirmed that they are seeking 277 restaurant seats (at dining tables and bar seats) and lounge seating approximated at 50 or 56 seats. Motion made by Mr. Crowley to deny the variances for two stacked parking spaces and propose landscaping in lieu of same, seconded by Mrs. Reed and did not carry 2-6. Those in favor: Mr. Crowley, Mrs. Reed. Those opposing: Councilmember Yeager, Mr. Lundholm, Ms. McCorkel, Mr. Crippen, Mr. Jones, Mr. Bezaire. Those abstaining: None. Motion made by Councilmember Yeager to grant site plan preliminary and final approval along with the associated variances 1-9 listed on page five of the Board Engineer and Planner Craig Hurless’ January 5, 2024 memorandum as described in his zoning chart with the change of lot coverage from 93.5% to 92.9%, the guest house is to be used as part of the hotel use and not as a separate bed and breakfast or anything of the like, there'll be 277 seats for dining in the traditional sense, there'll be 56 seats that are limited in design to that which is not considered an outdoor seat under Chapter 412, with the waivers (o), (v), (w), (y) and (aa) and conditions 1 through 22 as shown on pages seven, eight and nine of the Engineer’s memorandum dated January 5, 2024 and the following changes discussed at the hearing: the crossings and the vehicle unloading at the curb will be relocated, the proposed guest house stairs at Madison Avenue to be eliminated for safety reasons, vehicle unloading at the curb midblock must be eliminated, applicant must clearly identify the seating chart, compliance with the Shade Tree Commission letter dated February 1, 2024 and the Environmental City of Cape May Planning Board Meeting Minutes, February 13, 2024 4 Commission letter dated February 2, 2024, if there’s to be a Coastal Area Facility Review Act (CAFRA) approval, a two-stage phased plan must be provided, there will be a fence, a two foot landscaping buffer between the house and the adjacent house unless the neighbor presents a signed waiver, the fourth floor area is for events for hotel guests only of no more than 50 people, no outdoor seating plan was approved, the employee only stacked parking will be signed stating parking for employees only, and anything on the record and acknowledged by the applicant at the hearing and will be included in the resolution, seconded by Mr. Lundholm and carried 7-1. Those in favor: Councilmember Yeager, Mrs. Reed, Mr. Lundholm, Ms. McCorkel, Mr. Crippen, Mr. Jones, Mr. Bezaire. Those opposing: Mr. Crowley. Those abstaining: None. Members gave reasons for their votes. Councilmember Yeager said the project at the hotel and also the guest house will be a visual improvement and will result in additional revenue. Member Crowley opposed the variances for building setbacks, required off street parking, building mounted signage—area, required off street—buffer, and parking—stacked spaces. Member Lundholm was in favor of the improvements. Member Crippen believed the application had an overall positive impact for the city and the area and favored the shuttling of employees. Members Jones and Bezaire agreed with the other positive comments. Discussion: Payment of Bills Motion made by Mr. Lundholm to approve the payment of bills, seconded by Mr. Crowley and carried 8-0. Those in favor: Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Ms. McCorkel, Mr. Crippen, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Motion made to adjourn by Mr. Jones at 10:07 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, February 13, 2024 5