05/27/2025 Planning Board Work Session Meeting

City of Cape May Planning Board Meeting Minutes Tuesday, May 27, 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 Absent Mr. Crowley Absent 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: Rich 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 May 13, 2025, seconded by Mr. Padussis and carried 4-0. Those in favor: Mr. Gorgone, Mr. Reed, Mr. Padussis, Mr. Bezaire. Those opposing: None. Those abstaining: Mayor Mullock, Deputy Mayor McDade, Mr. Lundholm, Mr. Riggs, Mr. Crippen. Application(s): 1842 Investments Cape May LLC 409 Elmira Street Block 1060 Lot(s) 33 Attorney Anthony Monzo of Monzo Catanese DeLollis, PC introduced the application for site plan, preliminary and final waiver of requirements, and hardship and substantial benefit variance relief and explained the owners are seeking a temporary change of use to a members only private club with twenty one indoor seats while they explore other development options. Owners Matt and Michelle Tierney, Engineer Lou Scheidt and Board Engineer and Planner Hurless were sworn in by Solicitor King for the record. City of Cape May Planning Board Meeting Minutes, May 27, 2025 1 Attorney Monzo explained the parking at the site plus the two adjacent city lot spaces that are part of a perpetual agreement with the city when Elmira Street was widened. Matt Tierney explained the concept for executives to work at the club when in town and said he wants to test the concept in Cape May. He added that they obtained conceptual approval of the project from the Historic Preservation Commission. Michelle Tierney said the appointments are top of the line. Engineer Hurless read the definition of clubs from §525-65, and Matt Tierney responded that the concept is extended office space for fifty seven (57) members who will pay a monthly fee for this for-profit membership business model. The use was determined to be permitted under §525- 22A(1)(e) professional offices. Deputy Mayor McDade asked about limits on the membership, guests, liquor and staffing. The owners responded that the cap for number of members is forty (40), members can bring one guest per seven days, meter control for count of visitors at the club, seating to be flexible indoor and outdoor seating, dedicated server and line with dedicated switches and visitors to allow meeting with a coworker or client. There will be a coffee bar, soda, water and snacks to be restocked by a contractor and cleaning services also provided by a contractor. The operating hours are 8:00 AM to 8:00 PM. There will be no dedicated conference room, and the furniture is portable to allow indoor and outdoor seating. Engineer Scheidt was accepted as an expert by Chairperson Bezaire. Engineer Scheidt described the application site plan and said the shed is being removed. He said the rear yard setback is improved by the plan and there is no change to the side yard setback. He testified the use is less intense than the restaurant and Engineer Hurless agreed. Engineer Scheidt said there is a hardship due to the exceptional narrowness and exceptional features of the lot and the purposes of zoning are advanced by providing adequate light, air and open space, appropriate use to encourage municipal action to guide appropriate use of a property that affects public health, safety, morals and general welfare and efficient use of land. Engineer Scheidt said the benefits outweigh any negative impacts. Members were allotted time for questions. Matt Tierney said their other similar operation in Marlton is registered as shared space in response to a question by Member Gorgone. Board Engineer Hurless then summarized his report dated May 1, 2025 and the variances requested. He described his completeness review and the waivers he supported. He said the information in his review regarding clubs is no longer valid and the office use is permitted in city code. Engineer Hurless then shared his general review comments 1-11 with all review comment items to be conditions of approval. The applicant agreed to comply with the conditions. The Fire and Police Departments and Environment Commission recommended approval of the application in their reports dated May 22, 2025, May 19, 2025, and May 26, 2025, respectively. The Public Works Department recommended approval in their report dated May 19, 2025 with the condition that no additional curb cuts are permitted before December 20, 2025. The Shade Tree Commission recommended approval of the application in their report dated May 23, 2025 with the condition that any existing trees not in the way of construction are to be preserved and protected according to the new ordinance and replacement of any tree that is removed to be replanted in its place. The applicant agreed to the conditions. City of Cape May Planning Board Meeting Minutes, May 27, 2025 2 Board members were allotted time for questions of Engineer Hurless. Deputy Mayor McDade asked for their business model/charter, and Solicitor King will incorporate the condition in the resolution as a condition of approval. Engineer Hurless will change his memorandum to reflect the change in use as was determined to be permitted under §525-22A(1)(e) professional offices. Discussion was opened and closed to the public at 7:25 PM with no public coming forward to comment. Motion made by Mr. Gorgone to grant preliminary and final site plan waiver of requirements and approval for: §525-22B(1) Table 1 rear yard setback, §525-22B(1) Table 1 side yard setback, §525-49A(1) & C(2) parking – stacked & number, §525-60E(7) parking - extended curb cut and §525-60E(6) parking setback - side yard, as amended regarding the parking, pursuant to use as office space not social club, with waivers 19, 26, and 33 subject to the conditions listed on page two and conditions 1-12 as outlined on pages five and six in the May 1, 2025 memorandum by Craig R. Hurless, PE, PP, CME, and subject to all conditions discussed at the hearing, seconded by Mr. Crippen and carried 9-0. Those in favor: Mr. Gorgone, Mayor Mullock, Deputy Mayor McDade, Mrs. Reed, Mr. Lundholm, Mr. Riggs, Mr. Padussis, Mr. Crippen, Mr. Bezaire. Those opposing: None. Those abstaining: None. Member Crippen recused himself from the Adis, Inc. applications, as he has a conflict of interest. He departed the meeting. Adis, Inc. 1317 Beach Avenue Block 1146 Lot(s) 6-24 Attorney Keith Davis of Nehmad Davis & Goldstein, PC introduced the application for preliminary and final site plan approval and hardship and substantial benefit variance relief for four new 8’ x 9’ temporary cabanas on the pool deck and a 750 square foot temporary patio and dining area. Attorney Davis described the prior approval in 2024 for the expansion at the property. George Andy, Principal and Owner of Adis, Inc. and Architect William McLees of William McLees Architecture were sworn in by Solicitor King, and Board Engineer and Planner Hurless remained under oath. Owner Andy described the pool cabanas as another guest amenity and the request for flexible seating of 24 seats for outdoor dining seasonally from indoor dining seats. Board members were allotted time for questions of Owner Andy. Mayor Mullock asked if they had temporary outdoor seating during COVID and Owner Andy replied no. Deputy Mayor McDade asked about the temporary pavers, and Owner Andy said they are pervious concrete pavers to be in place from Memorial Day to Labor Day and removed in the winter. Member Reed asked about additional seating in tents, and Owner Andy replied they obtain tent permits. Architect McLees presented his credentials and was accepted as an expert by Chairperson Bezaire. He showed and described Site Plan Sheet A1.00, which shows the location of the seating and cabanas and is part of the application materials. He said this is a better planning alternative and City of Cape May Planning Board Meeting Minutes, May 27, 2025 3 the pavers are porous and a de minimus increase in lot coverage. He testified there is no negative impact with the proposed seating and no obstruction to light, air and open space. He said the project provides an aesthetic enhancement and sufficient space in appropriate locations with no negative impact to the zone plan or public good. Architect McLees said the existing non- conforming parking condition is unchanged by this application, and there is no proposed modification to lighting. Engineer Hurless said verification of safe lighting will be required. Architect McLees confirmed the pavers do not affect the drainage inlets and will be pitched to the inlets. Architect McLees said they agree to the conditions listed in Engineer Hurless’ memorandum. Board members were allotted time for questions. Engineer Hurless asked about fire pits. Owner Andy said they only use seasonal temporary fire pits. Engineer Hurless said that Phase I is completed, and the improvements have been accepted. He asked if/when the event space project is planned to commence. Attorney Davis said there is mediation in superior court pending regarding a neighbor’s claim to light, air and open space easement rights. Engineer Hurless then summarized his memorandum dated May 6, 2025 including his completeness review with the waivers he supported and details required as conditions of approval. He commented on the two variances required for this project. The General Review Comments 1- 8 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 Environmental Commission recommended approval of the project with no conditions. The Shade Tree Commission recommended approval in their report dated May 23, 2024 on the condition that the one (1) indigenous tree offset several beach grasses that will be removed. The applicant agreed to work with the Board Engineer to replace beach grass if the board approves the application. Board members were allotted time for questions of Engineer Hurless. Discussion was opened and closed to the public at 8:04 PM with no public coming forward to comment. Solicitor King explained the vote to the board. Motion made by Deputy Mayor McDade to grant preliminary and final site plan waiver of requirements and approval for §525-49C(4) parking – number of spaces and §525-24B(1) Table 2 building setbacks – Beach Avenue variances with waiver 5 on page 3 and subject to the conditions 1-8 listed on pages six and seven in the May 1, 2025 memorandum by Craig R. Hurless, PE, PP, CME, and subject to all conditions discussed at the hearing, including but not limited to Historic Preservation Commission approval of materials only and not the location or amount of seating. The applicant is to work with the board engineer to replace the beach grass, seconded by Mr. Lundholm and carried 8-0. Those in favor: Mr. Gorgone, Mayor Mullock, Deputy Mayor McDade, Mrs. Reed, Mr. Lundholm, Mr. Riggs, Mr. Padussis, Mr. Bezaire. Those opposing: None. Those abstaining: None. City of Cape May Planning Board Meeting Minutes, May 27, 2025 4 Adis, Inc. 1317 Beach Avenue Block 1146 Lot(s) 6-24 Attorney Keith Davis of Nehmad Davis & Goldstein, PC introduced the application for preliminary and final site plan – clarification/modification of deed restriction recommended by the Historic Preservation Commission (HPC). Attorney Davis described the process of meeting with the HPC informally and formally and receiving approval that includes a deed restriction to maintain landscaping to the objection of Attorney Davis. Attorney Davis feels the restriction may impact the ability of the applicant to get financing and impair the value of the property. He went on to say that protection is already in the site plan approval (Resolution 07-09-2024: 1) with the city’s mechanism to enforce the terms and conditions. George Andy, Principal and Owner of Adis, Inc., Architect William McLees, and Board Engineer and Planner Hurless remained under oath. Solicitor King said he favors deed restrictions in private development while he felt commercial buyers are more apt to do their due diligence. Mayor Mullock asked if the protections already exist within the resolution, and Solicitor King replied yes. He said there is an ability to enforce lack of compliance with zoning approvals, but it is too difficult and cumbersome. An applicant could lose their certificate of occupancy if they don't comply with the zoning requirements. Board members were allotted time for questions. Solicitor King explained the vote to the board. Motion made by Deputy Mayor McDade to confirm prior approval did not require a deed restriction and to the extent the HPC required one, that position is overruled and the prior approval stands as written previously in the resolution, seconded by Mr. Gorgone and carried 8-0. Those in favor: Mr. Gorgone, Mayor Mullock, Deputy Mayor McDade, Mrs. Reed, Mr. Lundholm, Mr. Riggs, Mr. Padussis, Mr. Bezaire. Those opposing: None. Those abstaining: None. Members complimented the applicant on the property and shared their respect for the HPC. Discussion: Meeting Time It was decided by the board to change the meeting time to 6:00 PM starting as soon as proper publication can be completed. Motion made to adjourn by Mr. Riggs at 8:22 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, May 27, 2025 5