08/27/2024 Planning Board Work Session Meeting

City of Cape May Planning Board Meeting Minutes Tuesday, August 27, 2024 Opening: The meeting of the City of Cape May Planning Board was called to order by Chairperson Bill Bezaire at 6:31 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 Present Mr. Riggs Present Mr. Crowley Present Mr. Gorgone Absent Mr. Lundholm Present Mayor Mullock Present 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 Oath of Office: New member Justin Riggs took the Oath of Office as administered by Board Solicitor King and was welcomed to the board by the members. Resolution(s): Motion made by Mr. Crowley to adopt Resolution number 08-27-2024: 1, 615 Lafayette Street LLC, 615 Lafayette Street, Block 1060, Lot(s) 5.01, seconded by Mr. Lundholm and carried 7-0. Those in favor: Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: Mayor Mullock, Mr. Riggs. Minutes: Motion made by Mr. Crowley to approve the meeting minutes of July 9, 2024, seconded by Mrs. Reed and carried 8-0. Those in favor: Mayor Mullock, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: Mr. Riggs. City of Cape May Planning Board Meeting Minutes, August 27, 2024 1 Application(s): Jason and Cynda Kliewe 501 Hughes Street Block 1049 Lot(s) 10.01 Attorney John Amenhauser of DeWeese Law Firm introduced the application for preliminary and final site plan approval and hardship and substantial benefit variance relief. Attorney Amenhauser advised that the applicants were unable to attend the hearing. Architect Andrew Bechtold was sworn in along with Board Engineer Craig Hurless by Solicitor King. Architect Bechtold was accepted as an expert in architecture by Chairperson Bezaire. There was discussion on whether a variance was required at all. Motion made by Mr. Crowley that a variance for swimming pool setback (patio in front of face of building) is required, seconded by Mrs. Reed carried 8-1. Those in favor: Mayor Mullock, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Riggs, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: Mr. Lundholm. Those abstaining: None. Architect Bechtold described the existing conditions at the corner lot property. Exhibit A-1, Proposed Pool Exhibit showing a revised landscaping design, was distributed to the board and described in detail. Architect Bechtold said the paver area was grass with the impervious coverage to be at 57.2% (increased by 4.4%) substantially under the 75% coverage allowed and the lighting only to be that which is inside the pool. He said preliminary and final site plan approval can be granted at the same time and the waivers are justified with no change in use, no change in the number of rooms and no change in the amount of parking spaces. Architect Bechtold said they changed the plan to alleviate the too densely packed landscaping for adequate space for the holly trees and to change some species (redbud, American holly and English laurel) as suggested by the Environmental Commission in their report. There was a protracted discussion on fencing with the ultimate determination to be a condition that the Historic Preservation Commission (HPC) to review the fence plan at a full-commission hearing if the application is approved by the board. Board members were allotted time for questions. Member Reed asked for confirmation that no additional lighting is proposed other than the pool lighting and for the hours of pool operation. Attorney Amenhauser confirmed there is no other additional lighting proposed, and they could limit pool hours if the board desired. Mayor Mullock asked if the one foot strip was designed to create a physical buffer would be replaced by brick up to the pool. Attorney Amenhauser replied the revised plan was prepared in response mainly to the Environmental Commission report. Member Riggs and other members thought the application should be reviewed by the full HPC. Mayor Mullock asked if the house could have been built closer to the street, and Engineer Hurless said yes with the structure at 22.4 feet and the minimum setback at twenty feet. Architect Bechtold testified that the project advances the purposes of zoning by providing an outdoor amenity and privacy for guests with no substantial detriment to the zone plan nor the zoning ordinance and no intrusion on light, air and open space. He said the gazebo is higher than City of Cape May Planning Board Meeting Minutes, August 27, 2024 2 the proposed pool, and the pool is safer than the ocean. Attorney Amenhauser said they are asking to be considered under the c-2 substantial benefit standard versus the c-1 hardship standard. Engineer Hurless then summarized his memorandum dated August 13, 2024 including his completeness review with the waivers he supported, and details required as conditions of approval. He commented the applicant indicated that there is no proposed lighting except in the pool, the lot coverage is proposed to be increased by 4.4% and the pool equipment was relocated. He explained the variance required for this project: the pool to be set back from the front property line by a distance greater than the actual front yard setback of the principal structure of the pool, an accessory structure. The General Review Comments 1-13 were reviewed plus the suggested added conditions that the plan be reviewed and approved by the Environmental Commission and fencing verified with the HPC and explained in detail with all items being classified as conditions of approval. Engineer Hurless reiterated the Environmental Commission recommended denial of the application in their report dated August 15, 2024, and the Fire, Police and Public Works Departments and Shade Tree Commission recommended approval of the project with no conditions in their reports dated August 21, 2024, August 13, 2024, August 15, 2024 and August 21, 2024, respectively. The Historic Preservation Commission approved the project in their report dated May 28, 2024 with no conditions. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within two hundred feet at 7:39 PM. Thomas Scanlan, 128 Decatur Street, was sworn in by Solicitor King. He objected to the application and asked the board to deny the variance and the pool. He said the pool is larger than the pool at the Icona. Maureen Wendt, 128 Decatur Street, was sworn in by Solicitor King. Ms. Wendt objected to the application. She objected to the removal of the 100 year old tree and addition of a swimming pool at the property. Kim Gagliardi, 11 Perry Street, was sworn in by Solicitor King. Ms. Gagliardi owns the 215 Decatur Street property and objected to the application. She expressed concern about pool filter noise and parties such as showers and weddings being held at the property. Kate Emerson, 130 Decatur Street, was sworn in by Solicitor King. Ms. Emerson’s property is across the street. She spoke in objection to the application. Jane Lyons and Mark Sucher, 124 Decatur Street and 516 Carpenters Lane, were sworn in by Solicitor King and objected to the application. They submitted Exhibits O-1, a picture of the garden, and O-2, a Congress Hall photo showing two pools with the adult pool measuring thirty feet by fifteen feet. Mr. Sucher felt the benefit is not to the public but to the owners. He expressed concern about noise and the height of the fence. Ms. Lyons objected to the removal of the 100 year old tree. Discussion was opened to the public beyond two hundred feet at 8:12 PM. City of Cape May Planning Board Meeting Minutes, August 27, 2024 3 Discussion was closed to the public at 8:12 PM. A short break was taken at 8:12 PM at the request of Attorney Amenhauser. The meeting resumed at 8:22 PM. Attorney Amenhauser reported his clients proposed that the paver area to the left of the pool be eliminated entirely with the area to be left as grass and the applicants will address the concerns of the Environmental Commission and the concerns regarding the fence. After hearing from the public, Engineer Hurless suggested that the public may benefit from more effective, impenetrable screening along the property line. Members were allotted time for questions. Member Reed asked about the pool closing time and Attorney Amenhauser agreed on behalf of the applicants. Mayor Mullock found the pool to be large, not the best fit for the neighborhood and suggested salt water versus a chlorine treated pool. Councilmember Yeager did not see a positive impact regarding the application and echoed Mayor Mullock’s comments. Many members urged the applicants to consider reducing the size of the pool. Member Lundholm preferred owners be permitted to follow the noise ordinance versus a special condition. Solicitor King explained the vote to the board. Motion made by Councilmember Yeager to grant Site Plan, Preliminary & Final subject to waivers and conditions listed on pages two and three in the Board Engineer and Planner Craig R. Hurless PE, PP, CME memorandum dated August 13, 2024, subject to the conditions 1-13 on pages five and six outlined in the memorandum and discussed at the meeting including condition # 4 note that the new plan must have Environmental Commission approval, that the entire patio towards Decatur be removed from the plan eliminating the variance requirement, more effective screening along Decatur with a depth of ten to twelve feet agreed by the applicant and to be approved by the Environmental Commission and Board Engineer, applicant agreed to close the pool at 9:00 PM, and that the issues regarding the gates and fences are remanded to the consideration of the full Historic Preservation Commission with the recommendation that the fence be placed in the buffer, pool signage to include the closing time, and the owners to consider making the pool smaller and using salt water, seconded by Mr. Lundholm and carried 9-0. Those in favor: Mayor Mullock, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Members gave reasons for their votes. Most members expressed their concern on issues outside the application and that they had no option but to approve the site plan. Members Crowley and Padussis said the current ordinances put the board in a bind. City of Cape May Planning Board Meeting Minutes, August 27, 2024 4 Discussion: Prioritization of Recommended Changes in the City's Master Plan, Development Regulations, and Zoning Map - Land Use Element Engineer Hurless shared his June 24, 2024 memorandum with the board and explained the status of each reexamination recommendation item. The board prioritized the land use ordinance changes they want prepared by Engineer Hurless to be reviewed by the board for later consideration by city council. Payment of Bills: Motion made by Mr. Jones to approve the payment of bills, seconded by Councilmember Yeager and carried 9-0. Those in favor: Mayor Mullock, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Motion made to adjourn by Mr. Crowley at 9:02 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, August 27, 2024 5