09/12/2023 Planning Board Meeting

City of Cape May Planning Board Meeting Minutes Tuesday, September 12, 2023 Opening: The meeting of the City of Cape May Planning Board was called to order by Chairperson Bill Bezaire 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 Present Mr. Jones, Vice Chairperson Present Mr. Crowley Present Mr. Gorgone Present Mr. Lundholm Present Mayor Mullock Present Mrs. Reed Present Councilmember Yeager Present Vacant --------- Mr. Maloy Alt # 1 Present Mr. Padussis 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. Crowley to approve the meeting minutes of August 8, 2023, seconded by Mr. Lundholm and carried 6-0. Those in favor: Councilmember Yeager, Mr. Crowley, Mr. Lundholm, Mr. Maloy, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: Mr. Gorgone, Mrs. Reed, Mr. Padussis. Application(s): Bogle Investment Properties, LLC 502 Washington Street Block 1050 Lot(s) 9 Attorney Anthony Monzo introduced the application for waiver of preliminary and final site plan requirements and possible parking variance. He said the fundamental question is whether a variance is needed for one use or two separate uses. Attorney Monzo provided background of uses at the property as a bank and bookstore plus prior approval granted for restaurant use at the property for 92 seats and a variance for parking with funds paid to the parking trust fund at that time. City of Cape May Planning Board Meeting Minutes, September 12, 2023 1 Mayor Mullock arrived at 6:38 PM. Attorney Monzo introduced applicant Paul Bogle in the audience representing Bogle Investment Properties, Michael Slawek, operator of the Ugly Mug and the kitchen at the property, Karen Thompson, operator of the clothing shop at the property, and Architect Paul Farnan. Board Engineer Craig Hurless, Mr. Slawek, Ms. Thompson and Architect Farnan were sworn in by Solicitor King for the record. Architect Farnan was accepted as an expert by Chairperson Bezaire. Attorney Monzo said their position is they have two businesses engaged in the retail sale business. There is no consumption of food on the property, and the outdoor dining, which was started during the pandemic on Decatur Street, created a burden on the Ugly Mug kitchen. Without the Decatur Street outdoor seating, the Ugly Mug kitchen prepares the food for the patrons at the Ugly Mug; the 502 Washington Street kitchen handles takeout orders only. Solicitor King said the current operation is not what is described in the application. Attorney Monzo said the kitchen is retail for takeout food only and is not a satellite kitchen for the Ugly Mug. Engineer Hurless thought the operation is a change in use. Member Crowley thought the application should be tabled to get the paperwork in order. There was discussion on jurisdiction regarding the application. Chairperson Bezaire felt there are two businesses operating with two primary uses at the location, and the Zoning Board has jurisdiction. Solicitor King said the applicant feels that the uses are both retail sales. Mr. Slawek said there has been an increase in takeout orders, and the food is prepared across the street and brought across the street to the Ugly Mug in addition to customers being able to place and pick up orders at the Washington Street location. He thought changing the operation to takeout only at the Washington Street location would confuse the public plus a customer can wait in the Ugly Mug and perhaps buy a drink while waiting for the takeout order. He said the operation of the Washington Street location is only from May 15th through September 15th. Engineer Hurless felt the operation is an expansion of the Ugly Mug, since customers order off the Ugly Mug menu. He said what they are proposing does not fit into any of the strict permitted uses definitions. A short break was taken at 7:13 PM. The meeting resumed at 7:24 PM. Chairperson Bezaire recused himself from the application. He owns property within 200 feet, but he had not previously seen the notice that was sent. Vice Chairperson Jones assumed the duties of the chair. City of Cape May Planning Board Meeting Minutes, September 12, 2023 2 Mr. Slawek said customers can order at 502 Washington Street, and there is no sign yet. He can serve customers there directly and will add delivery services if permitted. Attorney Monzo said there are many uses in many different buildings in the Washington Street Mall with the uses changing often. Hotels deliver food across Beach Avenue to customers on the beach. Solicitor King read from the zoning ordinance which includes permitted uses: section (m)--retail sale of goods or prepared food. The question is whether takeout food is prepared food. Member Reed asked if there is a firewall at the property. Architect Farnan said there is a firewall, and there are two mercantile functions at the location with one being for food and the other being clothing (two floors). Solicitor King said the use behind the retail store is really the takeout section of the Ugly Mug and will require a use variance from the Zoning Board. Engineer Hurless said the Planning Board is a board of permitted use; the use must be discussed before they do a site plan review. There cannot be two principal uses at a site. The Ugly Mug use is an eating establishment, a use which gets drug across the street to the other location. Attorney Monzo felt the operation at the Washington Street location is not an eating establishment. Engineer Hurless read from the justification in the application: The retail kitchen will also alleviate some of the overflow from the Ugly Mug kitchen which will reduce wait times and improve customer experience. In this regard, servers working on the outdoor patio will be able to direct food orders to the POS in the retail kitchen. Once the food is prepared, a retail kitchen staff member will take the food and deliver it to the server utilizing the appropriate crosswalks at all times. Additionally, many of the call-in takeout orders for the Ugly Mug will be routed to the retail kitchen where the food will be prepared and picked up. Mr. Slawek said that was the plan over a year ago. Now, the plan for the Washington Street kitchen is solely for takeout order preparation. Member Crowley felt the application should be tabled pending an amended application. Vice Chairperson Jones believed the operation may be a satellite kitchen. Mayor Mullock asked if the meeting could be opened to the public. Motion made by Mr. Gorgone to open the meeting to the public, seconded by Mr. Lundholm and carried 9-0. Those in favor: Mr. Gorgone, Mayor Mullock, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Maloy, Mr. Padussis, Mr. Jones. Those opposing: None. Those abstaining: None. Discussion was opened and closed to the public at 7:53 PM with no public coming forward to comment. City of Cape May Planning Board Meeting Minutes, September 12, 2023 3 Motion made by Mr. Crowley to table the application to be heard at 6:30 PM at the October 10, 2023 meeting, for submission of an amended application with a business plan by the applicant to determine if the intended use is a permitted use in the C-1 zone with no further notice required other than notice to the property owners within two hundred feet of Ugly Mug restaurant recommended, seconded by Mr. Gorgone and carried 9-0. Those in favor: Mr. Gorgone, Mayor Mullock, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Maloy, Mr. Padussis, Mr. Jones. Those opposing: None. Those abstaining: None. Mayor Mullock said the restaurant is well established and wishes to do takeout, which is lacking in the city. He supported the operation. Chairperson Bezaire returned to the meeting. Discussion: Master Plan Consistency Review of Ordinance 492-2023 Amending Zoning Code to Clarify Provisions Regarding Bulk Setbacks to Public Property and Non-Conforming Structures Engineer Hurless shared his consistency review detailed in his memorandum dated August 25, 2023 and believed the ordinance can be found consistent with the master plan. Board members were allotted time for questions and discussion. Member Crowley asked about the height for flood and section 2 of the ordinance. Engineer Hurless replied the ordinance does not change the height for flood and section 2 allows for relocation of a structure if the plan fully conforms with the code requirements with confirmation through an as-built survey. There was no public present for comment. Motion made by Mr. Gorgone that Ordinance 492-2023 Amending Zoning Code to Clarify Provisions Regarding Bulk Setbacks to Public Property and Non-Conforming Structures is consistent with the master plan, seconded by Mr. Jones and carried 9-0. Those in favor: Mr. Gorgone, Mayor Mullock, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Maloy, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Motion made to adjourn by Mayor Mullock at 8:13 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, September 12, 2023 4