08-10-2021 Planning Board Meeting - Auditorium

City of Cape May Planning Board Meeting Minutes Tuesday, August 10, 2021 Opening: The meeting of the City of Cape May Planning Board was called to order by Vice Chairperson Michael Jones at 6:35 PM. In compliance with the Open Public Meetings Act, adequate notice was provided. Roll Call: Mr. Bezaire, Chairperson Absent Mr. Jones, Vice Chairperson Present Mr. Belasco Present Mr. Elwell Absent Mayor Mullock Present Deputy Mayor Sheehan Present Dr. Wolf Present Mrs. Reed Present Vacant --------- Mr. Gorgone Alt # 1 Present Mr. Yeager 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. Belasco to approve the meeting minutes of July 13, 2021, seconded by Mr. Gorgone and carried 8-0. Those in favor: Mr. Belasco, Mayor Mullock, Deputy Mayor Sheehan, Dr. Wolf, Mrs. Reed, Mr. Gorgone, Mr. Yeager, Mr. Jones. Those opposing: None. Those abstaining: None. Motion made by Mr. Jones to approve the meeting minutes of July 27, 2021, seconded by Mrs. Reed and carried 7-0. Those in favor: Mr. Belasco, Mayor Mullock, Deputy Mayor Sheehan, Mrs. Reed, Mr. Gorgone, Mr. Yeager, Mr. Jones. Those opposing: None. Those abstaining: Dr. Wolf. Resolution(s): Motion made by Dr. Wolf to adopt Resolution number 08-10-2021: 1, as amended, PM Cape May LLC, 722 Beach Avenue, seconded by Deputy Mayor Sheehan and carried 7-0. Those in favor: Mayor Mullock, Deputy Mayor Sheehan, Dr. Wolf, Mrs. Reed, Mr. Gorgone, Mr. Yeager, Mr. Jones. Those opposing: None. Those abstaining: Mr. Belasco. ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, August 10, 2021 1 Motion made by Mrs. Reed to adopt Resolution number 08-10-2021: 2, Wild Rose Manor LLC, 1033 Michigan Avenue, seconded by Deputy Mayor Sheehan and carried 7-0. Those in favor: Mr. Belasco, Mayor Mullock, Deputy Mayor Sheehan, Dr. Wolf, Mrs. Reed, Mr. Gorgone, Mr. Jones. Those opposing: None. Those abstaining: Mr. Yeager. Application(s): Jersey Development LLC (formerly Scott Peter) 1122 New Jersey Avenue Block 1115 Lot(s) 17, 18 & 19 Ronald Gelzunas, Esq. introduced the application with owner Scott Peter and Professional Planner Tiffany Morrissey present. The property was described, and the applicant said he believes that two single family homes fit better in the neighborhood. Planner Tiffany Morrissey, Scott Peter 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 explained that the property is in the C-3 hotel motel district and referred to an enlarged overhead photo included in the application packet as looking down on sizes of homes in the area. She shared that the Historic Preservation Commission (HPC) approved a two-family dwelling and read the May 11, 2021 letter from HPC Chairperson Warren Coupland that indicated that the HPC approved demolition of the existing structure, gave conceptual approval of a two- unit townhouse building and realized that the HPC would prefer two single family homes versus the townhomes for improvement of the streetscape and viewshed. Planner Morrissey went on to say that the purposes of zoning are advanced due to adequate light, air and open space and the project will comply with all setback requirements and impervious requirements, promote population density and conservation of historic resources. Planner Morrissey said that is it her opinion that the project creates a better zoning alternative and the master plan goals are not impaired by two single family homes. She said the alternatives to two single family homes are duplex and hotel-motel. She felt that impact of the project to the public good is not substantial and that the positive criteria outweigh the detriment. Attorney Gelzunas asked Owner Peter why two single family homes and Owner Peter said that the HPC and neighbors felt two single family homes are a better fit for the neighborhood. He added that he will develop the homes with the HPC and already has a buyer for one of the homes. Members were allotted time for questions of Owner Peter and Planner Morrissey. Deputy Mayor Sheehan asked if the HPC approval was for townhouses only with Owner Peter answering yes. She also asked if both homes will front on Reading Avenue with the answer by Owner Peter being yes and that the HPC will require that both sides on Reading and New Jersey Avenues will look beautiful and spectacular. Member Reed asked if additional variances will be required, and Owner Peter said no. Board Engineer and Planner Hurless commented outside his report that the project is offering the Board a better zoning alternative and that he agrees with Planner Morrissey. He shared the applicant’s options and said that the applicant is not gaining by choosing the two single family homes which have a lower maximum floor area ratio of 40% versus 45% floor area ratio for semi- ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, August 10, 2021 2 detached dwellings and hotel-motel structures. He described the twenty feet minimum between the two single family homes as a positive and said it is costlier for the applicant to come to the Board versus what he could build by right. Engineer Hurless then summarized his report dated June 29, 2021. He said the applicant is seeking hardship and substantial benefit variances and minor subdivision with the site plan waiver not being required. He said no design was offered for review and outlined his completeness review, review comments for variances, and general review comments 1-16 in detail, and the conditions of approval including that the design for the new lots requires his review prior to the issuance of building permits. He emphasized that the applicant be required to submit plot plans with the required checklist information and that this requirement be recorded in a deed notice if the developer is selling the lots. He commented that the minor subdivision plan should be corrected to change West Cape May to Cape May and shared that the Environmental Commission, Fire Department, Police Department, and Shade Tree Commission approved the application with no conditions. Board members were allotted time for questions of Engineer Hurless. Solicitor King asked if there is a lot depth requirement and Engineer Hurless replied no. Discussion was opened to the public within 200 feet at 7:16 PM. Catherine Davis, 1127 New Jersey Avenue, was sworn in by Solicitor King. She showed her home on the enlarged overhead photo and said she wanted to purchase a lot if Owner Peter got a variance initially and planned to leave it undeveloped. She said there is no assurance he will sell a lot and there is no plan offered. She wanted to know if swimming pools are planned. She said there is metered parking on Reading and asked how driveways will work and about corner setbacks. She wanted the Board to consider these questions and could not say she supports or does not support the application. Engineer Hurless said the applicant is required to provide parking according to RSIS and that there will be two front yard setbacks for Reading Avenue and New Jersey Avenue at twenty feet each. Solicitor King asked if there would be averaging, and Owner Peter agreed to twenty feet setbacks as a condition of approval. Nancy Childs, 1116 New Jersey Avenue, was sworn in by Solicitor King. She spoke about the lot and precedent. She said the area of the City is lovely and special with big homes and open space. She shared her concern about when one and one half sized lots become two lots at two thirds each and not wanting a precedent set for future development. She felt that the Board should optimize for Cape May not maximize for developers and wanted to know if the neighbors would be able to review and comment on the site plans. She also conveyed her concern about parking and said she preferred onsite parking. Solicitor King said to look at HPC agendas regarding the property and contact the HPC Secretary for information. Engineer Hurless explained that RSIS minimum parking for single family homes is two onsite parking spaces with a five plus bedroom home having three onsite parking spaces. ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, August 10, 2021 3 Frank Genther, 1125 Beach Avenue Unit E, was sworn in by Solicitor King and asked about the measurement of front setback. Engineer Hurless replied that the setback is from right of way line based on property corners averaging two to three feet behind the sidewalk. Mr. Genther spoke as President of the Beach Avenue Condo Association in support of the project. Discussion was closed to the public at 7:41 PM. There was a discussion on lot coverage and water. Engineer Hurless said that a costly drainage plan will be required for the single family homes while a townhouse at the location does not require a drainage plan. Member Wolf said that there is nothing to support a negative vote; the Board cannot control the amount of development. She added that she has empathy for the public. Solicitor King shared that a precedent is not created, as each application stands on its own; each situation is viewed separately. Motion made by Dr. Wolf to grant the variance for lot area and the minor subdivision, seconded by Mr. Belasco and carried 8-0. Those in favor: Mr. Belasco, Mayor Mullock, Deputy Mayor Sheehan, Dr. Wolf, Mrs. Reed, Mr. Gorgone, Mr. Yeager, Mr. Jones. Those opposing: None. Those abstaining: None. Board members gave reasons for their votes. Deputy Mayor Sheehan commented that the property is in C-3 but R-2 being across the street creates a conflict for her. Member Reed commented that the Board cannot make the applicant keep open space. Discussion: Cape May Creative Placemaking Plan for Sustainable Jersey There was a brief discussion on the subject, but it had been discovered that some of the members did not have complete packets. So, the discussion was tabled. Motion made by Mr. Belasco to table the discussion to the following meeting, seconded by Deputy Mayor Sheehan and carried 8-0. Those in favor: Mr. Belasco, Mayor Mullock, Deputy Mayor Sheehan, Dr. Wolf, Mrs. Reed, Mr. Gorgone, Mr. Yeager, Mr. Jones. Those opposing: None. Those abstaining: None. Motion made to adjourn by Dr. Wolf at 8:05 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, August 10, 2021 4