05/13/2025 Planning Board Meeting

City of Cape May Planning Board Meeting Minutes Tuesday, May 13, 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 Absent Deputy Mayor McDade Absent Mayor Mullock Absent Mrs. Reed Present Mr. Riggs Absent Mr. Padussis, Alternate # 1 Present Mr. Crippen, Alternate # 2 Absent Also Present: Rich King, Esquire, Board Solicitor Craig Hurless, Board Engineer and Planner Karen Keenan, Board Secretary Minutes: Motion made by Mr. Jones to approve the meeting minutes of April 8, 2025, seconded by Mr. Gorgone and carried 4-0. Those in favor: Mr. Gorgone, Mr. Crowley, Mr. Padussis, Mr. Jones. Those opposing: None. Those abstaining: Mrs. Reed, Mr. Bezaire. Application(s): Mahalo Cape May LLC 1033 Beach Avenue Block 1101 Lot(s) 1 Attorney Keith Davis of Nehmad Davis & Goldstein PC introduced the application for preliminary and final site plan waiver of requirements and substantial benefit variance approval for signage. He introduced Mark Robins, Vice President of Development for Icona, the parent company of Mahalo Cape May LLC, and Architect Steve Tomasetti of Aeon Architecture, both of whom were sworn in addition to Board Engineer Craig Hurless by Solicitor King for the record. Representative Robins explained that the process of seeking approval of the sign from the Historic Preservation Commission (HPC) post Planning Board approval that included a specific square footage for the signage. The HPC did not favor the design, and the applicant and HPC ultimately City of Cape May Planning Board Meeting Minutes, May 13, 2025 1 agreed on a design that requires a greater square footage than previously approved and a “hat” or top on the sign. Architect Tomasetti was accepted as an expert by Chairperson Bezaire. The following exhibits were presented and described by Architect Tomasetti: A-1 Wurz Sign Systems Sign Drawing Revised 08-05-24 Sheet # 1 A-2 Wurz Sign Systems Existing Sign Revised 08-05-2024 Sheet # 4 A-3 Wurz Sign Systems Sign Drawing Revised 08-05-24 Sheet # 3 Architect Tomasetti advised the sign will be entirely rebuilt, so they will stay within the property line and out of the public right of way. The sign is in the sight triangle as existing, but the low point of the sign is higher and creates a bit more visibility under the sign. Architect Tomasetti testified the purposes of zoning are being advanced by promoting a desirable visual environment by making the sign more consistent with the other signs on Beach Avenue, promotes general welfare by having an adequate sign to identify the site and promoting historic preservation. He said there is no negative impact on the zone plan or public good, and the application meets the requirements for a site plan waiver. Board members were allotted time for questions of Architect Tomasetti. Member Crowley asked about the process of approval by the HPC. There was a discussion on the HPC approval procedures, and Chairperson Bezaire said he would contact the chair of the HPC for clarification. Board Engineer Hurless then summarized his report dated February 12, 2025 and the variances requested. He described his completeness review, the waivers he supported and the information to be provided as conditions of approval. Engineer Hurless then shared his general review comments 1-12 with all review comment items to be conditions of approval. The applicant agreed to comply with the conditions. The Fire, Police and Public Works Departments recommended approval of the application in their reports dated March 11, 2025, March 13, 2025, and March 12, 2025, respectively. The Environmental and Shade Tree Commissions recommended approval of the application in their reports dated March 26, 2025 and March 11, 2025, respectively. Board members were allotted time for questions of Engineer Hurless. Discussion was opened and closed to the public at 6:58 PM with no public coming forward to comment. Solicitor King explained the vote to the board. Motion made by Mr. Jones to grant preliminary and final site plan waiver and approval for: §525-48H(2)(a)[2] signage – area, §525-48H(2)(a)[3] signage – width, and §525-57A(1) & (2) signage in clear sight triangle variances subject to waivers 5, 8, 19, 31 and 33, conditions 13, 14, and 18 listed on pages two and three and conditions 1-12 as outlined on page seven in the February 12, 2025 memorandum by Craig R. Hurless, PE, PP, CME, and subject to all conditions discussed at the hearing, seconded by Mr. Gorgone and carried 6-0. Those in favor: City of Cape May Planning Board Meeting Minutes, May 13, 2025 2 Mr. Gorgone, Mrs. Reed, Mr. Crowley, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Arlene Luciani 1361A Illinois Avenue Block 1154 Lot(s) 38 Attorney Alfred Luciani introduced the application and his wife, Arlene, who owns the property, which is a quad, with her brother. Applicant Luciani was sworn in by Solicitor King, and Engineer Hurless remained under oath. Applicant Luciani gave a background of the ownership of the property and said they seek a front deck that does not require any variances. They learned that they need site plan approval due to city code that requires it if the property is not a single family or two family dwelling which are exempt from the requirement. Attorney Luciani said the deck is in character of the neighborhood and a reasonable request. Board members were allotted time for questions. Board Engineer Hurless then summarized his report dated April 14, 2025 and explained this is a conforming application with no variances. He said the ordinances does not exempt three plus units, from site plan. He described his completeness review, the waivers he supported and the information to be provided as conditions of approval. Engineer Hurless then shared his general review comments 1-12 with all review comment items to be conditions of approval. The Fire, Police and Public Works Departments recommended approval of the application in their reports dated April 29, 2025. The Shade Tree Commission recommended approval of the application in the report dated April 30, 2025 with the condition that the street tree and lawn tree at 1361B be protected during construction. The applicant agreed to comply. Board members were allotted time for questions. Motion made by Mr. Crowley to grant preliminary and final site plan waiver of requirements subject to conditions 1-12 as outlined on pages three and four in the April 14, 2025 memorandum by Craig R. Hurless, PE, PP, CME, and subject to all conditions discussed at the hearing, seconded by Mr. Gorgone and carried 6-0. Those in favor: Mr. Gorgone, Mrs. Reed, Mr. Crowley, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Members of the board expressed concern about the city code regarding quads not being exempt from site plan review. There was a discussion by the board on the city code. Discussion: State Development and Redevelopment Cross-Acceptance Response Engineer Hurless explained the process of the past presentation to the board and the City Manager Paul Dietrich. He compiled the comments into the response and circulated it to the board and Manager Dietrich. The response was then forwarded to the county to meet their deadline. City of Cape May Planning Board Meeting Minutes, May 13, 2025 3 Engineer Hurless asked for retroactive endorsement of the response and said the deadline for the county to submit to the state is May 30, 2025. Member Crowley suggested the desalination plant, lack of honest regional planning south of the canal and protection of the seawall should be included in the city’s three most important land use planning goals versus the three in the report: historic preservation, protecting the city from sea level rise and workforce and affordable housing. Vice Chairperson Jones said the city is actively addressing the items suggested by Member Crowley. Engineer Hurless said the desalination plant is included in the infrastructure section of the report. Engineer Hurless said residents can comment separate from the board response prior to the May 30, 2025 county submission to the state. Motion made by Mr. Gorgone to retroactively endorse the city’s State Development and Redevelopment Cross-Acceptance Response, seconded by Mr. Padussis, and carried 6-0. Those in favor: Mr. Gorgone, Mrs. Reed, Mr. Crowley, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Meeting Time It was decided by the board to table the discussion on changing the meeting time until Deputy Mayor McDade is present. Payment of Bills Motion made by Mr. Crowley to approve the payment of bills, seconded by Mrs. Reed, and carried 6-0. Those in favor: Mr. Gorgone, Mrs. Reed, Mr. Crowley, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Motion made to adjourn by Mr. Crowley at 7:32 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, May 13, 2025 4