06-08-2021 Planning Board Meeting - Auditorium

City of Cape May Planning Board Meeting Minutes Tuesday, June 8, 2021 Opening: The in-person meeting of the City of Cape May Planning Board was called to order by Chairperson Bill Bezaire at 6:31 PM. In compliance with the Open Public Meetings Act, adequate notice was provided. Roll Call: Mr. Bezaire, Chairperson Present Mr. Jones, Vice Chairperson Present Mr. Belasco Present Mr. Elwell Present Mayor Mullock Present Deputy Mayor Sheehan Present Mr. Shuler Present Dr. Wolf Absent Vacant --------- Mr. Gorgone Alt # 1 Present Mrs. Reed 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. Gorgone to approve the meeting minutes of April 13, 2021, seconded by Deputy Mayor Sheehan and carried 9-0. Those in favor: Mr. Belasco, Mr. Elwell, Mayor Mullock, Deputy Mayor Sheehan, Mr. Shuler, Mr. Gorgone, Mrs. Reed, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Motion made by Mr. Belasco to approve the meeting minutes of May 11, 2021, seconded by Deputy Mayor Sheehan and carried 9-0. Those in favor: Mr. Belasco, Mr. Elwell, Mayor Mullock, Deputy Mayor Sheehan, Mr. Shuler, Mr. Gorgone, Mrs. Reed, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Application(s): PM Cape May LLC 722 Beach Avenue Block 1000 Lot(s) 36 & 36.01 Board Solicitor King said that the applicant has asked for an adjournment to gather information for presentation to the Board. ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, June 8, 2021 1 Motion made by Mayor Mullock to adjourn the application to the July 13, 2021 meeting, seconded by Mr. Jones and carried 9-0. Those in favor: Mr. Belasco, Mr. Elwell, Mayor Mullock, Deputy Mayor Sheehan, Mr. Shuler, Mr. Gorgone, Mrs. Reed, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Solicitor King announced that the application is adjourned and no further notice is required. The application is to be heard on July 13, 2021 at 6:30 PM. Solicitor King suggested that any objectors to the application contact the applicant and/or the applicant’s attorney. Hobrow, Inc. 301 South Beach Avenue Block 1014 Lot(s) 13 & 17 Mr. Gorgone recused himself from the application. Ron Gelzunas, Esq. introduced the application with Professional Planner Tiffany Morrissey and Chris McDuell present. Attorney Gelzunas described the property as a 25-unit hotel and the application for demolition of the structure and the subdivision of the property into three residential lots. Planner Tiffany Morrissey, Chris McDuell, spouse of one of the owners, and Board Engineer Craig Hurless were sworn in by Board Solicitor Richard King for the record. Planner Morrissey presented her credentials and was accepted as an expert by the Board. Planner Morrissey described the current conditions of the property and shared that the owners attempted to find a buyer for the property with no success. She added that the owners do not plan to develop the lots; the lots are to be developed by others. Planner Morrissey said the benefits outweigh the detriments and that 25 window air conditioning units, back-up parking will be eliminated, and the new development will conform to HPC standards. Planner Morrissey presented Exhibit A-1a and A-1b which are colored maps of nearby lots shown by size. She said the property is in the C-2 zone that has different standards with 28 undersized lots and twelve oversized, and the proposed plan advances the purposes of zoning regarding light, air and open space while improving traffic flow by eliminating the 27 back-up parking spaces. Mr. McDuell said that about 100 people stay at the hotel at any given time, and there are living quarters plus the office. He shared that the owners want to leave the hotel business. Mr. McDuell said that 26, or 13 combined, condominiums could be created if they turn the hotel into condominiums. He said that three houses on the property would be the least intensive of the alternatives. Board members were allotted time for questions and asked about the possibility of a new hotel being built at the property the size of homes that could be built. Mayor Mullock said he believes that the proposed project is a less-intensive use in the residential area and consistent with the area. Board Engineer Hurless reviewed his report dated May 10, 2021. He stressed that the applicant be required to record in a deed notice that the applicant is not developing the lot and that plot plans including checklist information, that was waived, be required to the satisfaction of the Board Engineer, prior to issuance of building permits. There was a discussion of the frontage of the ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, June 8, 2021 2 house on Beach Avenue with the determination being that the driveway would be on First Avenue. Engineer Hurless then continued with his general review comments for variances and noted that the highest and best use is the motel as existing with any alternative requiring conformance and that evidence of HPC approval will be a condition of approval in addition to the conditions listed in his memorandum. Board members were allotted time for questions of Board Engineer Hurless. Discussion was opened to the public at 8:19 PM. Debra Bosin, 15 First Avenue, was sworn in by Solicitor King and said the applicants are great neighbors. She worried about homes that do not fit in and commented that there are very few residential homes on Beach Avenue between the Cove and Ocean Street. Jayne Lester, 26 First Avenue, was sworn in by Solicitor King and said she prefers two lots versus three lots at the property. She said there is a large home next to hers, and she encounters noise from the pool use and parking/traffic issues as a result. Discussion was closed to the public at 8:33 PM. Member Elwell said that Cape May has an ordinance to control density and he does not prefer the subdivision to three properties. Chairperson Bezaire echoed Mayor Mullock’s comments and said that he thinks three lots are more in character than two lots. Solicitor King explained the vote to the Board. Motion made by Mr. Belasco to grant the variances requested by the application to allow a three-lot subdivision as outlined in the Board Engineer’s memorandum dated May 10, 2021, subject to HPC approval, that the corner lot driveway on First Avenue house face Beach Avenue, lot coverage to be no greater than 40% and all conditions of approval discussed at the hearing and outlined in the Board Engineer’s memorandum dated May 10, 2021, seconded by Mr. Jones and did not carry 4-4. Those in favor: Mr. Belasco, Mayor Mullock, Mr. Shuler, Mr. Bezaire. Those opposing: Mr. Elwell, Deputy Mayor Sheehan, Mrs. Reed, Mr. Jones. Those abstaining: None. Solicitor King asked Mr. Gorgone and Attorney Gelzunas to join him in a private conversation away from the meeting. When they returned, Solicitor King explained that he thought that there was a full Board present to hear the application. Solicitor King questioned Mr. Gorgone about his relationship with Mr. McDuell. Mr. Gorgone explained that Mr. McDuell is currently working on a project enclosing Mr. Gorgone’s porch and that Mr. McDuell had done a project for him previously. Solicitor King asked Mr. Gorgone several questions regarding his ability to make an independent judgement and whether he listened to the entire presentation of the application. Solicitor King said the doctrine of necessity may apply but later determined that it applies when a quorum is needed. Deputy Mayor Sheehan asked why Roberts Rules of Order would not rule. Solicitor King said those would apply when there is no other guidance. ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, June 8, 2021 3 Solicitor King asked for a five minute break at 9:10 PM, so he could review the statute. Solicitor King and Attorney Gelzunas stepped into the hallway for a brief discussion. The meeting resumed at 9:17 PM. Solicitor King asked Mr. Gorgone for his provisional vote in the event of an appeal and to create a record. Solicitor King said the application is legally denied. Mr. Gorgone voted yes to grant the variance and gave the reason for his provisional vote to be that three smaller houses are better than two larger houses or condominiums. Discussion: Chairperson Bezaire shared that he has been contacted by John Van de Vaarst of the disbanded Master Plan Implementation Committee. There was a brief discussion on the Master Plan with the determination that the Board Engineer/Planner will review the Master Plan, and the Planning Board will discuss recommendations for ordinance changes at upcoming Planning Board work session meetings. Motion made to adjourn by Mr. Jones at 9:26 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, June 8, 2021 4