02/25/2025 Planning Board Work Session Meeting

City of Cape May Planning Board Meeting Minutes Tuesday, February 25, 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 Absent Mrs. Reed Absent Mr. Riggs Present Mr. Padussis Alt # 1 Present Mr. Crippen Alt # 2 Absent Also Present: Steve Morris, Esquire, Conflict Counsel Craig Hurless, Board Engineer and Planner Karen Keenan, Board Secretary Resolution(s): Motion made by Mr. Gorgone to adopt Resolution number 02-25-2025: 1, King’s Café LLC – Joseph and Kate Chew, 401 Lafayette Street, Block 1046 Lot(s) 8, seconded by Mr. Jones and carried 8-0. Those in favor: Mr. Gorgone, Deputy Mayor McDade, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Minutes: Motion made by Deputy Mayor McDade to approve the meeting minutes of January 14, 2025, seconded by Mr. Gorgone and carried 8-0. Those in favor: Mr. Gorgone, Deputy Mayor McDade, Mr. Crowley, Mr. Lundholm, Mr. Padussis, Mr. Riggs, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Motion made by Deputy Mayor McDade to approve the meeting minutes of January 28, 2025, seconded by Mr. Gorgone and carried 7-0. Those in favor: Mr. Gorgone, Deputy Mayor McDade, Mr. Crowley, Mr. Lundholm, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: Mr. Riggs. Application(s): City of Cape May Planning Board Meeting Minutes, February 25, 2025 1 Katherine A. Healey 230, 236 & 248 Grant Street Block 1019 Lot(s) 12, 13.01 & 14 Chairperson Bezaire advised the applicant requested conflict counsel, as Solicitor King owns property within two hundred feet of the applicant’s property. Conflict Counsel Steve Morris of The Morris Law Firm LLC presented his credentials, and members were allotted time for questions. Motion made by Mr. Lundholm to appoint Counselor Morris to serve as Conflict Counsel for this application, seconded by Mr. Crowley and carried 7-0. Those in favor: Mr. Gorgone, Deputy Mayor McDade, Mr. Crowley, Mr. Lundholm, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: Mr. Riggs. Chairperson Bezaire announced that the following members, Deputy Mayor McDade, Mr. Crowley, Mr. Lundholm, and Mr. Padussis, who were not present at the November 12, 2024 meeting, certified that they listened to that meeting recording, so that they may vote on the application as a continuation of the prior application hearing. Attorney Peter Chacanias of Hyland Levine Shapiro LLP introduced the minor subdivision and hardship variance relief application, which was adjourned from the November 12, 2024 hearing. Owner Healey, Architect James Chadwick of James E. Chadwick, PE & RA, LLC and Surveyor George Swensen of Cape Land Surveying were sworn in along with Board Engineer Craig Hurless by Counsel Morris. Chairperson Bezaire accepted Architect Chadwick and Surveyor Swensen as experts in architecture and surveying, respectively. Attorney Chacanias explained the proposed reconfiguration of the lots and the variances sought for building setbacks for two of the proposed lots (13.02 and 14.01) and lot size for one of the proposed lots (14.01). He advised that the Historic Preservation Commission approved demolition of the single family home at 230 Grant Street and conceptually approved a new structure with side load parking underneath for the site. Attorney Chacanias said the Fire, Police and Public Works Departments and Shade Tree Commission recommended approval of the application along with the Environmental Commission who recommended the use of native, wildlife-beneficial plants for new landscaping, which the applicant has agreed to do. Owner Healey shared the family’s ownership of the property and her plans for the property, which she referred to as Healey Point. Owner Healey said there will be deed restrictions and cross easements. Architect Chadwick described the subdivision plans for the three lots. Exhibit A-1, a version of the Plan of Minor Subdivision with additional color coded markings, was described in detail by Architect Chadwick and illustrated the proposed reconfiguration of the lots. The exhibit was originally presented by Surveyor Swenson at the November 12, 2024 meeting. Exhibits A-2 Healey Pointe Rear Yard Improvements Plan to Accompany Plan of Minor Subdivision Page 1 of 2 and A-3 Healey Pointe Rear Yard Improvements Plan to Accompany Plan of Minor Subdivision Page 2 of 2 were presented. These sheets include photos of current conditions including stone City of Cape May Planning Board Meeting Minutes, February 25, 2025 2 placed by the owner for a family event and then left for contractor parking during the planned construction. Deputy Mayor McDade asked if the contractors would be required to park on the property on the stone parking area. Owner Healey confirmed it would be required. Architect Chadwick said the stone, shaded in yellow on Exhibit A-2, will be removed and returned to original condition of lawn, sod and/or landscaped area. Architect Chadwick said they accept as a condition of approval the stone to be removed after construction is complete and before a certificate of occupancy is issued. Member Riggs asked for quantity of stone that was placed on the property. Owner Healey was unsure, as her contractor ordered the stone. There was a discussion on drainage at the site. Architect Chadwick said he walked the property with the City Engineer Paul Dietrich who is a licensed engineer in the state of New Jersey. Architect Chadwick described the area as a series of inlets and drainage basins. Engineer Hurless advised lot 38 is city owned, and Owner Healey said there was maintenance done in the area by the city in the late 1980’s. Engineer Hurless said this is where Cape Island Creek ends, and a rail line exists. He said piping was run there under city and/or county projects. Architect Chadwick said it was evident that lot 38 is higher in elevation prohibiting drainage of neighboring lots. He said it was decided with Engineer Dietrich that the city would construct an inlet, and Owner Healey would pay a proportionate share of the cost of the inlet as a condition of approval. Architect Chadwick said the variances are straightforward; the project makes the conditions better and the new house meets all zoning requirements except the setback. Engineer Hurless then summarized his memorandum dated January 7, 2025. He described his completeness review and the checklist items that must be addressed as conditions of approval. He summarized the details of the setbacks and commented the single family dwelling at 230 Grant Street (lot 14) has been demolished. The General Review Comments 1-24 were reviewed and explained in detail with all items being classified as conditions of approval. Engineer Hurless advised the Fire, Police and Public Works Departments and Shade Tree Commission recommended approval of the project in their reports dated February 25, 2025, October 14, 2024, October 11, 2024, and October 23, 2024. The Environmental Commission recommended approval with the condition that the applicant use native, wildlife beneficial plants for new landscaping in their report dated October 22, 2024. Attorney Chacanias said the applicant agreed to all conditions of approval. Board members were allotted time for questions. Member Crowley asked about the setback on 230 Grant Street. Owner Healey said there are neighbors closer to the street. Engineer Hurless said he supported the setback variance request. Architect Chadwick said handicap accessibility is in the rear at this property and moving it would necessitate the need for a setback variance in the rear. City of Cape May Planning Board Meeting Minutes, February 25, 2025 3 There was a discussion on an easement for the city if needed, and Owner Healey agreed to it. Counsel Morris read an additional condition of approval that if any sort of improvements made by the city are found to be on the applicant’s property, the applicant will grant the city an easement with right to access for maintenance, etc., and Owner Healey agreed for the record. Discussion was opened to the public within two hundred feet and beyond and closed at 8:10 PM with no public coming forward to comment. Counsel Morris explained the vote for the board. Motion made by Mr. Gorgone for minor subdivision approval and §525-15B(1) Table 1 Building Setback – Proposed Lot 13.02 variance, §525-15B(1) Table 1 Building Setback – Proposed Lot 14.01 variance and §525-15B(1) Table 1 Lot Size – Proposed Lot 14.01 variance, subject to conditions 18, 27 and 28 and details required for minor subdivision approval listed on pages three, four and five, subject to conditions of approval 1-24, as outlined on pages eight, nine and ten in the January 7, 2025 memorandum by Board Engineer Craig R. Hurless, PE, PP, CME and subject to all conditions, including applicant’s agreement to bear pro rata share of drainage improvements necessary on city-owned adjacent lot 38 and maintain access to that drainage area, existing stone to be repurposed for required contractor onsite parking (versus contractor parking on Grant Street) during construction, existing stone to be removed/reconfigured consistent with approved subdivision plan tied to certificate of occupancy, recording of easements subject to review by board engineer and conflict counsel, and all other conditions discussed at the hearing, seconded by Mr. Jones and carried 8-0. Those in favor: Mr. Gorgone, Deputy Mayor McDade, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Discussion: Payment of Bills Motion made by Mr. Riggs to approve the payment of bills, seconded by Mr. Lundholm, and carried 8-0. Those in favor: Mr. Gorgone, Deputy Mayor McDade, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Motion made to adjourn by Deputy Mayor McDade at 8:17 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, February 25, 2025 4