06/11/2024 Planning Board Meeting

City of Cape May Planning Board Meeting Minutes Tuesday, June 11, 2024 Opening: The meeting of the City of Cape May Planning Board was called to order by Vice Chairperson Michael Jones 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 Absent Mr. Jones, Vice Chairperson Present Ms. McCorkel Present Mr. Crowley Present Mr. Gorgone Present Mr. Lundholm Present Mayor Mullock Absent Mrs. Reed Present Councilmember Yeager Present Mr. Padussis Alt # 1 Present Mr. Crippen Alt # 2 Absent Also Present: Richard King, Esquire, Board Solicitor Craig Hurless, Board Engineer and Planner Karen Keenan, Board Secretary Discussion: Cape May Creative Placemaking Plan for Sustainable New Jersey Vice Chairperson Jones opened the discussion to comments. Board members thought the plan could be referred back for updates and revisions to include the name change of the Cape May Mid Atlantic Center to Cape May MAC (Museums + Arts + Culture), East Lynne Theatre agreement, Business Improvement District, Sewell Point, Kiwanis Park, Fire Museum, and the new city website. Motion made by Mr. Crowley to refer the plan back to city administration for the plan to be reworked, seconded by Mr. Gorgone and carried 8-0. Those in favor: Mr. Gorgone Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Ms. McCorkel, Mr. Padussis, Mr. Jones. Those opposing: None. Those abstaining: None. 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: Mr. Gorgone, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Ms. McCorkel, Mr. Padussis, Mr. Jones. Those opposing: None. Those abstaining: None. City of Cape May Planning Board Meeting Minutes, June 11, 2024 1 Minutes: Motion made by Mr. Crowley to approve the meeting minutes of May 14, 2024, seconded by Mr. Lundholm and carried 8-0. Those in favor: Mr. Gorgone, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Ms. McCorkel, Mr. Padussis, Mr. Jones. Those opposing: None. Those abstaining: None. Application(s): Adis, Inc. 1317 Beach Avenue Ethra LLC 1318 New Jersey 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 building height and parking. Attorney Davis shared the existing condition at the property and the plan to upgrade 51 hotel units constructed in 1998 to match the other units and uses at the property plus the demolition of the 2017 Beach House structure to be replaced by an event center, with kitchen facilities, that will have seating for 202 people. The event center is proposed to be in use from after Labor Day to June 15th, the shoulder season for more city events and to keep employees working year round. George Andy, Principal and Owner of Adis, Inc., Architect William McLees, Engineer Jim Mullan, Landscape Architect Joe Melillo, Traffic Engineer Dave Shropshire and Planner Tiffany Morrissey were sworn in along with Board Engineer Craig Hurless by Solicitor King. Owner Andy provided a history of his family’s ownership of the property beginning in 1969 and the acquisition of the Beach House in 2017. He said the neighborhood will benefit from demolition of the Beach House by providing a sound, light and visual buffer from hotel activities. He said they will be eliminating a driveway that is currently being used for the Beach House. Owner Andy explained their plan for the event space with a requirement of booking hotel room blocks along with usage of the event space. He said the maximum employee shift will be 28 employees with the employees to be cross trained. Members were allotted time for questions. Member Crowley asked about hotel usage, and Owner Andy said they do not fully sell out of rooms in June, September and October with the restaurant only open Thursdays through Sundays during off season. Architect McLees presented his credentials and was accepted as an expert by Vice Chairperson Jones. He referred to application materials, La Mer Phase 2 Expansion Cover Sheet G0.00, Van Note Harvey Sheet 3 Demolition plan, and Site Plan Sheet A1.00. City of Cape May Planning Board Meeting Minutes, June 11, 2024 2 He presented and described in detail the following exhibits: A-1 Aerial Rendering A-2 Event Center Entrance Rendering A-3 Lounge Space Rendering A-4 Banquet Space Rendering A-5 Sample Floor Plan Sleeping Unit A-6 Prospective View - New Jersey Avenue Rendering A-7 Loading Gate and Landscape Buffer - New Jersey Avenue Rendering A-8 Front New Jersey Avenue View Rendering A-9 Gate - New Jersey Avenue Rendering A-10 Hotel Wing - Beach Avenue Rendering A-11 Landscape Plan - Sheet L-1 Rendering Architect McLees shared that they met with the Historic Preservation Commission (HPC) at three hearings and at three work sessions. He said there are currently four driveways on New Jersey Avenue, two at La Mer and two at the Beach House. They propose a total of two driveways on New Jersey Avenue in the new plans. Attorney Davis said the proposed sign for the event center is 170 feet from Pittsburgh Avenue, and all other signs are freestanding. Architect McLees testified the project provides a desirable visual environment through creative development techniques and good civic design and arrangement. He said the purposes of zoning are being advanced through the building orientation and elimination of driveways reducing traffic flow on New Jersey Avenue. Board members were allotted time for questions. Member Crowley asked about the entrances and exits. Engineer Hurless said the plan results in less commercial traffic on New Jersey Avenue. Member Lundholm asked if parking was contemplated in the grass area. Architect McLees responded that they are limited by the Coastal Area Facility Review Area (CAFRA) approval. Engineer Mullan presented his credentials and was accepted as an expert by Vice Chairperson Jones. Engineer Mullan described application materials Sheet 1 Site Plan, Sheet 2 Existing Conditions Plan and Sheet 5 Grading & Drainage Plan in detail. He said the project is not a major development and complies with the flood hazard requirements. He said they meet the requirements for a waiver for stormwater management. Board members were allotted time for questions. Member Crowley asked about the increase of roof coverage. Engineer Hurless said the additional roof is offset by the demolition of the Beach House. City of Cape May Planning Board Meeting Minutes, June 11, 2024 3 Landscape Architect Joseph Melillo presented his credentials and was accepted as an expert by Vice Chairperson Jones. Architect Melillo described Exhibit A-11 Landscape Plan – Sheet L-1 Rendering in detail including over 1,100 plants and said they will accommodate the Environmental Commission comments to use native plants. Board members were allotted time for questions. Member Padussis asked about the Shade Tree Commission report. Engineer Hurless read the report, and Architect Melillo said they can change their plan. They will comply with the Shade Tree Commission comments unless the Shade Tree Commission approves a revised design in writing. Traffic Engineer Dave Shropshire was accepted as an expert by Vice Chairperson Jones. Engineer Shropshire said 277 parking spaces are required: 162 spaces per hotel room plus 87 for the restaurant and event space plus 28 for employees and 182 parking spaces are proposed and currently existing. He described the parking study performed twice in July and once in August and found that the peak parking demand (hotel 96% occupied) was 166 spaces on site leaving sixteen empty spaces in the parking lot. Also, it was determined there were 34 empty street parking spaces at peak occupancy. At 75% occupancy, there were 65 parking spaces open, and they found the event space could function adequately during the shoulder season. Engineer Shropshire said the applicant will require that event center booking to also require a block of hotel rooms to be booked. Board members were allotted time for questions and asked about the use of street parking in their space counts. Engineer Shropshire said they are not trying to use street parking but wanted to see if hotel guests were parking on the street versus onsite. Owner Andy said 35%-40% of hotel guests dine at the restaurant. Member Padussis asked if they would have enough parking to meet demand during the peak months. Owner Andy said they want to keep recurring guests coming to the hotel. Engineer Hurless said the report is detailed and comprehensive. Engineer Shropshire described the plan as managed parking. Professional Planner Tiffany Morrissey was accepted as an expert by Vice Chairperson Jones. Planner Morrissey reviewed the variances and testified the purposes of zoning are advanced by providing adequate light, air and open space, providing sufficient space in an appropriate location for a variety of uses, promoting a desired visual environment through creative development techniques and good civic design and arrangement. She testified these are accomplished by removing the Beach House property, increasing the setback in that area to over 100 ft, eliminating and reducing other setback encroachments, the side yard setback to conform where presently not conforming, and no lot coverage increase. She said there is no negative impact or impairment on the zoning ordinance, zone plan or 2019 Master Plan or the public good, and the project creates a better zoning alternative. Board members were allotted time for questions. A break was taken at 8:59 PM. City of Cape May Planning Board Meeting Minutes, June 11, 2024 4 The meeting resumed at 9:06 PM. Engineer Hurless then summarized his memorandum dated May 24, 2024 including his completeness review with the waivers he supported and details required as conditions of approval including evidence of lot consolidation, locations of trees three inches or greater in diameter and indication of the trees to be saved, existing and proposed utility services to the buildings to be indicated and cut/capped if being abandoned acceptable to the city Water and Sewer Department, the kitchen to require a grease trap and the location of all outdoor lighting to be provided. He changed his zoning table on page five to read one additional sign proposed and total area for signage to be plus 45 square feet for a total signage area proposed at 286.44 square feet. A third variance proposed was added: §525-48H(2)(b)[1] Signage. He commented on the three variances required for this project. The General Review Comments 1-20 were reviewed and explained in detail with all items being classified as conditions of approval. Engineer Hurless advised the Police and Public Works Departments recommended approval of the project with no conditions. The Fire Department recommended approval of the project in their May 28, 2024 report on the condition that a fire suppression plan is required. The Environmental Commission recommended approval in their report dated June 4, 2024 with the conditions to use native plant species, a more detailed recycling plan and an outdoor light plan that incorporates dark sky approved lighting sources. The Shade Tree Commission recommended approval in their report dated May 30, 2024 on the condition that the street trees be protected and preserved. The applicant agreed to comply with the Fire Department, Environmental Commission and Shade Tree Commission recommendations. Engineer Hurless said the Historic Preservation Commission approval to include the sign. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within two hundred feet at 9:23 PM. Discussion was opened to the public beyond two hundred feet at 9:23 PM. Jim Cheney, 1107 Maryland Avenue, was sworn in by Solicitor King. He found the concept of shared parking to be sound. He spoke in support of the application. Michael Noel, 1303 New Jersey Avenue, was sworn in by Solicitor King. He applauded the applicant on the proposed improvements. He was concerned about parking and wanted a pledge that the event center to operate only in the shoulder season. Solicitor King said the applicant could be issued a citation if they operate outside the shoulder season. Discussion was closed to the public at 9:33 PM. Board members were allotted time for questions. Vice Chairperson Jones asked how the event space would be used during the summer. Owner Andy explained the space will be used for storage and for marketing purposes to show prospective guests for shoulder season event space booking. City of Cape May Planning Board Meeting Minutes, June 11, 2024 5 Member Crowley found the project to be an improvement over the proposed ice skating rink but was concerned about street and shared parking and exceptions to ordinances. Solicitor King explained the vote to the board. Motion made by Councilmember Yeager to grant preliminary and final site approval and variances for: §525-49C Parking – Number of Spaces, §525-24B(2) Table 1 Building Height, and §525-48H(2)(b)[1] Signage, as outlined on page five of eight in the Board Engineer and Planner Craig R. Hurless, PE, PP, CME memorandum dated May 24, 2024 and added at the meeting, subject to the conditions and waivers outlined in the engineer’s May 24, 2024 memorandum, with particular emphasis on the condition that the applicant shall create and enforce a formal written policy requiring event participants to book at least the number of rooms equal to 25% of the number of event participants and that the event space will not be used between June 15th and Labor Day inclusive, and all conditions discussed at the meeting including accommodating the request of the Environmental Commission regarding the species to be used and abiding by the Shade Tree Commission conditions listed in their report dated May 30, 2024 unless the Shade Tree Commission amends their conditions in writing, seconded by Mr. Lundholm and carried 8-0. Those in favor: Mr. Gorgone, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Ms. McCorkel, Mr. Padussis, Mr. Jones. Those opposing: None. Those abstaining: None. Member Gorgone felt the application will enhance activity in the city particularly in the off season and from an economic standpoint. Motion made to adjourn by Councilmember Yeager at 9:43 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, June 11, 2024 6