09/14/2021 Planning Board Meeting - Auditorium

City of Cape May Planning Board Meeting Minutes Tuesday, September 14, 2021 Opening: The meeting of the City of Cape May Planning Board was called to order by Chairperson William Bezaire at 6:36 PM. In compliance with the Open Public Meetings Act, adequate notice was provided. Roll Call: Mr. Bezaire, Chairperson Present Mr. Jones, Vice Chairperson Absent 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. Gorgone to approve the meeting minutes of August 24, 2021, seconded by Dr. Wolf and carried 7-0. Those in favor: Mayor Mullock, Deputy Mayor Sheehan, Dr. Wolf, Mrs. Reed, Mr. Gorgone, Mr. Yeager, Mr. Bezaire. Those opposing: None. Those abstaining: Mr. Belasco. Resolution(s): Motion made by Mr. Belasco to adopt Resolution number 09-14-2021: 1, Jersey Development LLC, 1122 Beach Avenue, 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. Bezaire. Those opposing: None. Those abstaining: None. Application(s): Cape Jetty LLC 6 Second Avenue Block 1012 Lot(s) 15.01 ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, September 14, 2021 1 Solicitor King shared that this applicant requested an adjournment of the hearing of this application until October 12, 2021. Chairperson Bezaire approved the request, and Solicitor King announced that the application will be heard at 6:30 PM on October 12, 2021 with no further notice being required. Hobrow, Inc. 301 South Beach Avenue Block 1014 Lot(s) 13 & 14 Mr. Gorgone was questioned by Solicitor King regarding a relationship with the applicant and a possible conflict. Mr. Gorgone said that he had contracted with Chris McDuell, spouse of the applicant, for a screened-in porch, which was completed before Memorial Day weekend and paid shortly thereafter. Mr. Gorgone confirmed that all work was done and the full amount was paid with no discount. Mr. Gorgone said he feels no conflict of interest in the hearing of this application. Board Secretary Keenan polled all of the board members present and none of the board members felt that there is a conflict for Mr. Gorgone to hear the application. Solicitor King shared that there are eight voting members, and Attorney Gelzunas confirmed that the applicant is okay to move forward with eight members voting on the application. Ron Gelzunas, Esq. introduced the application with Professional Planner Tiffany Morrissey and Owner Kathleen McDuell present. Attorney Gelzunas described the application to subdivide the property into two lots of 9,100 square feet each for construction of two single family homes from a 25-unit hotel plus owners’ quarters. Attorney Gelzunas shared that the applicant had applied for subdivision to three lots in June 2021, and the application was denied. Planner Tiffany Morrissey, Owner Kathy McDuell, 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 shared Exhibit A-1, an aerial photo of the Cape May County parcel to show the location of the property. She said that the lot size allows a lot of options including a multi-family dwelling, a two family unit and a motel which could be built by-right. She said that the proposed plan allows a floor area ratio at .40 which is less bulk than the by-right options. Planner Morrissey said there will be adequate light, air and open space and the removal of the back-up parking. She went on to say that the project creates a better zoning alternative, an improvement of light, air and open space, and appropriate population density. She added that the hotel is not of architectural importance, and the new development will require Historic Preservation Commission approval. Planner Morrissey said that the subdivision is not inconsistent with the area, and the benefits outweigh the detriments. Attorney Gelzunas asked about nearby single family homes and Planner Morrissey said that there are single family homes in the area and that there are not many duplexes and some scattered condos with the hotel being the last commercial property in Block 1014. Planner Morrissey said that single family homes are the primary land use in the area. ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, September 14, 2021 2 Board members were allotted time for questions and asked if building a duplex would require Board approval. Solicitor Gelzunas replied no and added it could be built by-right with construction permits. Mrs. Reed asked if the applicant will be selling the lots. Attorney Gelzunas said yes and that whoever buys the lots will need Historic Preservation Commission approval. Board Engineer Hurless reviewed his report dated September 14, 2021. He said that there are no development plans needed for the minor subdivision, and requirements were waived for the application. He said that the applicant should be required to record in a deed notice for each lot that the applicant is not developing the lot and that plot plans including checklist information, that was waived, be required to the satisfaction of the Board Engineer, prior to issuance of building permits. Engineer Hurless said he agrees with Planner Morrissey’s analysis of the variances required. The general review comments 1-17 were described in detail and are to be conditions of approval. Additional conditions of approval were discussed including that the front of the property at Beach and First Avenues to be oriented to Beach Avenue with the driveway to be off First Avenue and that the motel must be demolished in the time allotted for the filing of the plat or a performance guarantee bond for the amount of the cost of demolition of the structure must be provided to the City. Attorney Gelzunas said the conditions are acceptable. Board members were allotted time for questions of Board Engineer Hurless. Discussion was opened to the public within 200 feet at 7:28 PM. Mary Morgan, 20 First Avenue, was sworn in by Solicitor King and spoke on behalf of the six partners who own this property in support of the application. Tom O’Hara, 303 South Beach Avenue, was sworn in by Solicitor King and said he lives west of the Hotel. Mr. O’Hara spoke in support of the application. Debra Bosin, 15 First Avenue, was sworn in by Solicitor King and complimented the owners on the application. Discussion was closed to the public at 7:35 PM. Solicitor King explained the vote to the Board. Motion made by Dr. Wolf to grant the minor subdivision with associated variances for lot area, lot frontage and lot width subject to the waivers which become conditions of the issuance of a building permit as described by the Board Engineer on pages two and three of his report dated September 14, 2021, and requirement of a deed notice as described by the Board Engineer and conditions 1-17 outlined in the Board Engineer’s report dated September 14, 2021 and condition 18 that the corner lot 13.01 will front Beach Avenue and the driveway to be on First Avenue, and also the condition that either have to demolish or bond in an amount necessary to demolish the structure prior to the filing of the plat, seconded by Mr. Yeager and carried 8-0. Those in favor: Mr. Belasco, Mayor Mullock, Deputy Mayor Sheehan, Dr. Wolf, Mrs. Reed, Mr. Gorgone, Mr. Yeager, Mr. Bezaire. Those opposing: None. Those abstaining: None. ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, September 14, 2021 3 Mayor Mullock said that the subdivision is the least dense use, and he complimented the applicant on the care and consideration for the City. Deputy Mayor Sheehan shared that she preferred the two single family homes which will compliment the neighborhood. Motion made to adjourn by Mr. Gorgone at 7:39 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, September 14, 2021 4