08/26/2025 Planning Board Work Session Meeting

City of Cape May Planning Board Meeting Minutes Tuesday, August 26, 2025 Opening: The meeting of the City of Cape May Planning Board was called to order by Chairperson Bill Bezaire at 6:01 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 Present 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 Absent Also Present: Paul Baldini, Esquire, Conflict Solicitor Craig Hurless, Board Engineer and Planner Karen Keenan, Board Secretary Minutes: Motion made by Mr. Padussis to approve the meeting minutes of July 22, 2025, seconded by Mr. Lundholm and carried 7-0. Those in favor: Deputy Mayor McDade, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Padussis, Mr. Bezaire. Those opposing: None. Those abstaining: Mr. Gorgone. Motion made by Mr. Riggs to recognize Paul Baldini the conflict solicitor for the August 26, 2025 meeting, seconded by Mr. Lundholm and carried with all in favor. Application(s): 413-415 Washington St LLC 413 Washington Street, Block 1043 Lot(s) 1 Solicitor Baldini announced Bob Gorgone, who was not present at the July 22, 2025 meeting, certified that he listened to the meeting recording and viewed any exhibits submitted at that meeting, so he may vote on the application. City of Cape May Planning Board Meeting Minutes, August 26, 2025 1 Solicitor Baldini noted that eight members are present to vote on the application and that a tie decision would result in a denial of the application. On behalf of the applicant, Attorney Amenhauser of The DeWeese Lawn Firm, elected to proceed. Solicitor Baldini explained the applicant wishes to have a rehearing of the matter and filed a brief statement on the grounds for the reconsideration. Secretary Keenan confirmed that the applicant filed the required public notice. Attorney Amenhauser stated the applicant wants a separate vote and additional evidence on the variance to increase the commercial space. Additionally, Attorney Amenhauser wanted to present additional evidence regarding the proposed residential use, since the discussion by the board at the vote occurred after the applicant rested the case. Solicitor Baldini explained the vote for the Board. Motion made by Mr. Lundholm to grant reconsideration of the application heard on July 22, 2025, seconded by Deputy Mayor McDade and carried 7-1. Those in favor: Mr. Gorgone, Deputy Mayor McDade, Mrs. Reed, Mr. Lundholm, Mr. Riggs, Mr. Padussis, Mr. Bezaire. Those opposing: Mr. Crowley. Those abstaining: None. Present for this application for preliminary and final site plan approval and variance relief to reconfigure the first and second floors to be retail space and reconfigure the third floor to be an apartment with two bedrooms, two bathrooms and two added third floor decks were Attorney John Amenhauser of The DeWeese Lawn Firm, Contract Purchasers Amanda Adams and Daniel Uffleman, and Engineer and Planner John Halbruner of The Highland Group. Ms. Adams, Mr. Uffleman, and Engineer Halbruner were sworn in along with Board Engineer and Planner Craig Hurless by Solicitor Baldini. Mr. Uffleman addressed the board and stated they do not plan to use the third floor apartment for transient housing, which would be a security risk to their jewelry business. There was a discussion on the proposed ordinance regarding workforce housing and the pending contract to purchase the property. Solicitor Baldini explained that the owner of the property will be bound by the terms of the board resolution. It was clarified that a parking variance is tied to any approval of the application, and Mr. Uffleman agreed to a condition of no short term transient housing at the property. Engineer Hurless stated he prepared an updated memorandum dated August 20, 2025 and asked for confirmation that there have been no changes to the application and plans. Attorney Amenhauser said the only change is the request for consideration under both the c-1 and c-2 criteria. Engineer Halbruner confirmed that the plans have not been revised. Engineer Hurless asked that the additional condition of no rentals of not less than ninety days as imposed by the board be included in the plans. Board members were allotted time for questions. Discussion was opened to the public within two hundred feet and beyond at 6:44 PM. City of Cape May Planning Board Meeting Minutes, August 26, 2025 2 Chris Riordan, 8 Edgewater Road, was sworn in by Solicitor Baldini. He is an employee of Queen May and spoke in support of the application. Discussion was closed to the public at 6:45 PM. Member Riggs stressed the importance of workforce housing to the city. Conflict Solicitor Baldini explained the vote. Motion made by Deputy Mayor McDade to grant preliminary and final site plan approval and variances for lot coverage and parking – number of spaces listed on page four, subject to waivers listed on pages two and three and subject to the conditions 1-12 on pages five and six outlined in the Board Engineer and Planner Craig R. Hurless PE, PP, CME memoranda dated June 11, 2025 and August 20, 2025 and all conditions discussed at the meeting including no short term transient housing at the property, seconded by Mr. Gorgone and carried 6-2. Those in favor: Mr. Gorgone, Deputy Mayor McDade, Mr. Lundholm, Mr. Riggs, Mr. Padussis, Mr. Bezaire. Those opposing: Mrs. Reed, Mr. Crowley. Those abstaining: None. Members gave reasons for their votes. Deputy Mayor McDade thanked the applicant for investing in the community and working with the board regarding short term rental. Member Crowley based his decision on parking. Member Padussis expressed concern about 518 Washington LLC, which is owned by the applicants and the apartments at that location are now used for transient rentals, not workforce housing. Mr. Uffleman apologized if he felt misled and said they tried to use one of the units for their manager. Mr. Uffleman promised to stand by his word on this application. Discussion: Cape May City Annex Review – Cape May County 2025 Hazard Mitigation Plan Update Engineer Hurless explained the update is done through the county and said the board can endorse the plan as consistent with the master plan. Motion made by Mr. Gorgone to endorse the 2025 Hazard Mitigation Plan Update as consistent with the master plan and forward to City Council for adoption, seconded by Mr. Riggs and carried 8-0. Those in favor: Mr. Gorgone, Deputy Mayor McDade, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Padussis, Mr. Bezaire. Those opposing: None. Those abstaining: None. Master Plan Consistency Review of Regulations of Pools – Amended Ordinance Engineer Hurless explained the ordinance amends the city code to clarify the purposes of the pool setbacks and the reasons for the requirements in the code and his consistency review of August 22, 2025. He found the amended Ordinance 574-2025 consistent with the master plan. Member Riggs asked that the resolution be forwarded to the Zoning Board. City of Cape May Planning Board Meeting Minutes, August 26, 2025 3 Motion made by Mr. Riggs to approve the amended pool ordinance as consistent with the master plan and to send a copy of the resolution to the Zoning Board, seconded by Deputy Mayor McDade and carried 8-0. Those in favor: Mr. Gorgone, Deputy Mayor McDade, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Padussis, Mr. Bezaire. Those opposing: None. Those abstaining: None. Resolution(s): Resolution number 08-26-2025: 1 413-415 Washington St LLC, 413-415 Washington Avenue, Block 1043 Lot(s) 1, was withdrawn to be replaced by superseding resolution. Motion made by Mr. Riggs to adopt Resolution number 08-26-2025: 2 Cape May City Annex Review – Inclusion in Cape May County 2025 Hazard Mitigation Plan Update, seconded by Mr. Padussis and carried 8-0. Those in favor: Mr. Gorgone, Deputy Mayor McDade, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Padussis, Mr. Bezaire. Those opposing: None. Those abstaining: None. Motion made by Mrs. Reed to adopt Resolution number 08-26-2025: 3 Master Plan Consistency Review of Regulations of Pools, seconded by Deputy Mayor McDade and carried 8-0. Those in favor: Mr. Gorgone, Deputy Mayor McDade, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Padussis, Mr. Bezaire. Those opposing: None. Those abstaining: None. Discussion: Mayor Mullock arrived at 7:00 PM Master Plan Recommendations for Implementation: R-4 Modified Medium Density Residential District Engineer Hurless shared his August 19, 2025 memorandum which describes the recommended comprehensive re-examination of the standards in the R-4 district. He said additions, accessory structures, and fences are contrary to the original campus design and have been issues for emergency access and light, air and open space. He added corner lot standards should also be developed and addressed. He showed fences that potentially pose problems due to the proximity to common walkways. Other areas that need study are: location of heating, ventilation and air conditioning units, per unit lot requirement (11,250 square feet versus a 2,812.50 square feet per unit), standards for corner lots, and zoning regulations to allow bedroom expansion for families (not for second homes). Deputy Mayor McDade commented that the area has changed in the last six years with over thirty homes sold in the past year, including sales to developers. Engineer Hurless said the zone is less intensely developed compared to other zones and stressed the need to be thoughtful on how any changes will affect the community. He referred the board to the zoning standards for the three primary uses in the zone: quads, detached single family, and semi-detached single family. He highlighted significant controls in this district: the building height limited to twenty feet, which is the lowest building height in the city, and the lot usage ratio which controls the amount of accessory spaces and is only calculated in this district. City of Cape May Planning Board Meeting Minutes, August 26, 2025 4 The board asked Engineer Hurless to further define quads, the green space and infringement on emergency access and sheds, fire pits, gazebos, patio setups in the green space and fencing in the inner courtyards and to start drafting zoning changes and recommendations. Master Plan Consistency Review of Ordinance _____-2025 An Ordinance Amending Chapter 525 of City Zoning Code to Promote Workforce and Long-Term Housing Opportunities in the C-1 Zoning District Engineer Hurless started the discussion by describing the purpose of the ordinance: to define workforce housing in section 525-4: apartments located above commercial uses that are dedicated exclusively for owner occupancy, workforce or long-term housing for a term not less than ninety consecutive days and serve as the primary residence for the occupants. Engineer Hurless said this applies only to the C-1 district. Deputy Mayor McDade stated the wording in the ordinance is in the master plan. There was a brief discussion on the ownership of buildings and businesses operated by non-owners. Engineer Hurless said the restriction is on the time period of the occupancy. Members expressed concern of businesses in C-1 but not located on the mall. Engineer Hurless said the ordinance has provision for existing apartments over commercial uses to be grandfathered. Engineer Hurless stated the workforce housing to be exempt from parking requirements and is an incentive. Deputy Mayor McDade asked for a definition of workforce housing. Mayor Mullock shared that one of the discussions was about whether to require workforce housing to be employed in the city of Cape May. Deputy Mayor McDade favored not limiting the workforce housing to those working in the city. Chairperson Bezaire suggested an overlay for the mall part of the C-1 district, and members agreed for Engineer Hurless to relay the recommendation and other members’ comments to the city solicitor. Discussion was opened to the public at 8:05 PM. Jules Rauch, 1010 New York Avenue, agreed with the workforce housing discussion and expressed concern about existing nonconforming use. Discussion was closed to the public at 8:05 PM. Payment of Bills Motion made by Mr. Riggs to approve the payment of bills, seconded by Mr. Lundholm, and carried 9-0. Those in favor: Mr. Gorgone, Mayor Mullock, Deputy Mayor McDade, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Padussis, Mr. Bezaire. Those opposing: None. Those abstaining: None. Motion made to adjourn by Mr. Riggs at 8:08 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, August 26, 2025 5