06/13/2023 Planning Board Meeting

City of Cape May Planning Board Meeting Minutes Tuesday, June 13, 2023 Opening: The meeting of the City of Cape May Planning Board was called to order by Vice Chairperson Mike Jones at 6:30 PM in the City Hall Auditorium. In compliance with the Open Public Meetings Act, adequate notice was provided. Pledge of Allegiance Roll Call: Mr. Bezaire, Chairperson Absent Mr. Jones, Vice Chairperson Present Mr. Crowley Present Mr. Gorgone Present Mr. Lundholm Absent Mayor Mullock Present Mrs. Reed Present Councilmember Yeager Present Vacant --------- Mr. Maloy Alt # 1 Absent Mr. Padussis Alt # 2 Present Also Present: Richard King, Esquire, Board Solicitor Craig Hurless, Board Engineer and Planner Karen Keenan, Board Secretary Resolution(s): Motion made by Mrs. Reed to adopt Resolution number 06-13-2023: 1, Master Plan Consistency Review of the Historic Preservation Commission 186 Property Reports of Structures According to §525-36(C) of the City of Cape May Code and Associated with the Cape May Historic District Survey Grant HE20-003, seconded by Councilmember Yeager and carried 6-0. Those in favor: Mayor Mullock, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Padussis, Mr. Jones. Those opposing: None. Those abstaining: Mr. Gorgone. Minutes: Motion made by Mr. Crowley to approve the meeting minutes of May 23, 2023, seconded by Mrs. Reed and carried 5-0. Those in favor: Mayor Mullock, Mrs. Reed, Mr. Crowley, Mr. Padussis, Mr. Jones. Those opposing: None. Those abstaining: Mr. Gorgone, Councilmember Yeager. City of Cape May Planning Board Meeting Minutes, June 13, 2023 1 Application(s): Mahalo Cape May, LLC 1033 Beach Avenue Block 1101 Lot(s) 1 Attorney Stephen Nehmad introduced the application for preliminary and final site plan approval and associated variances for a pool deck, sign and unusual pool location. He introduced applicant Eustice Mita, owner of Mahalo Cape May LLC, and Engineer and Architect John Halbruner, both of whom were sworn in addition to Board Engineer Craig Hurless by Solicitor King for the record. Owner Mita explained that the property, previously the Capri Motel, is now a select service brand of the Icona properties. The property includes 45 rooms and three two-story townhomes of three bedrooms each. Engineer and Architect Halbruner presented his credentials and was accepted as an expert by Vice Chairperson Jones. The following exhibits were presented during the meeting: A-1 Aerial View of Capri Motel A-2 New Look “Cape May Coastal” A-3 Old Capri Motel Room Interior A-4 Mahalo Hotel Room Interior A-5 Colored Rendering Site Plan A-6 Neighborhood Study of Free Standing Signs (4 pages) – Photos, Sign Dimensions, and Sign Design B-1 Planning Board Resolution No. 9-7-94:2 Architect Halbruner provided the survey and site engineering services for the project and listed the variances for the expanded pool deck, the sign replacement and the pergola with a water feature. He said the Historic Preservation Commission (HPC) granted conceptual approval for the sign, and the applicant agreed to comply with the HPC sign material. He said there is no substantial impairment of the zone plan or the zoning ordinance, there are no negative impacts to the property nor the surrounding properties and no negative impact/effect on light, air and open space. Board members were allotted time for questions of Architect Halbruner. Member Crowley asked about the discrepancy of 28,360 square feet listed on the NJDEP Authorization Under Permit-by- Rule 6 versus 28,350 square feet shown in the application documents. Architect Halbruner said it was later determined the number to be 28,350 square feet which is still a lower lot coverage than existing. Member Crowley asked about the parking calculation, and Architect Halbruner said there is no modification to parking contemplated. Discussion on parking ensued. Architect Steve Thomassetti was sworn in by Solicitor King and testified that the proposed modifications include no new sleeping rooms that would affect the parking calculation. Member Crowley asked about the resolution cited on the DEP Authorization Under Permit-by- Rule 6 document provided in the application. The Planning Board Resolution 9-7-94:2 was City of Cape May Planning Board Meeting Minutes, June 13, 2023 2 obtained from the Board Office, as it was not provided in the application documents. After review and discussion, it was determined that parking is consistent with the resolution. Member Padussis asked for the location of the pool equipment, and Applicant Mita showed the location in Exhibit A-1: the shed that is currently at the property. Board Engineer Hurless then summarized his report dated May 8, 2023 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 1-13 with all review comment items to be conditions of approval including the Environmental Commission May 26, 2023 report condition that “strongly suggests using different landscaping plants that are seaside natives and drought tolerant with resources that can be found at www.jerseyyards.org” and the Shade Tree Commission May 9, 2023 report condition that existing landscaping to remain. The applicant agreed to comply with the conditions of the two commissions. Evidence of final HPC approval, including the sign materials, will be required. The Fire, Police and Public Works Departments approved the project. Board members were allotted time for questions of Engineer Hurless. Member Crowley asked for details on the pool pergola, and Architect Thomassetti said three and one half feet between the fence and pergola is not a safety concern. Engineer Hurless said there is no minimum size in the code for the surround of a pool. The variance for the sign in the sight triangle was discussed and Engineer Hurless said the current sign already exists in the sight triangle. Discussion was opened and closed to the public at 7:51 PM with no public coming forward to comment. Solicitor King explained the vote to the Board including the C-1 and C-2 standards. Motion made by Mr. Gorgone to grant preliminary and final site plan approval as well variances one through six listed in the Engineer’s report dated May 8, 2023 on page four as well as a separate variance for parking for 48 spaces where 54 parking spaces are required, subject to the waivers and conditions outlined by the Board Engineer on the record and the Shade Tree Commission condition outlined in their May 9, 2023 report and the Environmental Commission condition/suggestion outlined in their May 26, 2023 report, seconded by Councilmember Yeager and carried 7-0. Those in favor: Mr. Gorgone, Mayor Mullock, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Padussis, Mr. Jones. Those opposing: None. Those abstaining: None. Motion made to adjourn by Mrs. Reed at 7:53 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, June 13, 2023 3