10/12/2021 Planning Board Meeting

City of Cape May Planning Board Meeting Minutes Tuesday, October 12, 2021 Opening: The in-person meeting of the City of Cape May Planning Board was called to order by Chairperson William Bezaire at 6:31 PM. In compliance with the Open Public Meetings Act, adequate notice was provided. Roll Call: Mr. Bezaire, Chairperson Present Mr. Jones, Vice Chairperson Present Mr. Belasco Present Mr. Gorgone Present Mayor Mullock Present Deputy Mayor Sheehan Present Dr. Wolf Present Mrs. Reed Absent Mr. Yeager Present Mr. Crowley Alt # 1 Present Mr. Lundholm Alt # 2 Present Also Present: Richard King, Esquire, Board Solicitor Craig Hurless, Board Engineer and Planner Karen Keenan, Board Secretary Oath of Office: New member Dennis Crowley took the Oath of Office as read by Board Solicitor King and will serve as Alternate # 1. Mr. Gorgone will serve as a regular member, and Mr. Lundholm will serve as Alternate # 2. Mr. Crowley and Mr. Lundholm were welcomed to the Planning Board by Chairperson Bezaire and the members. Minutes: Motion made by Mr. Gorgone to approve the meeting minutes of September 14, 2021, seconded by Mr. Belasco and carried 7-0. Those in favor: Mr. Belasco, Mr. Gorgone, Mayor Mullock, Deputy Mayor Sheehan, Dr. Wolf, Mr. Yeager, Mr. Bezaire. Those opposing: None. Those abstaining: Mr. Crowley, Mr. Jones. Resolution(s): Motion made by Deputy Mayor Sheehan to adopt Resolution number 10-12-2021: 1, Hobrow, Inc., 301 South Beach Avenue, seconded by Dr. Wolf and carried 7-0. Those in favor: Mr. Belasco, Mr. Gorgone, Mayor Mullock, Deputy Mayor Sheehan, Dr. Wolf, Mr. Yeager, Mr. Bezaire. Those opposing: None. Those abstaining: Mr. Crowley, Mr. Jones. ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, October 12, 2021 1 Application(s): Cape Jetty LLC 6 Second Avenue Block 1012 Lot(s) 15.01 Solicitor King shared that this applicant requested an adjournment of the hearing of this application until November 9, 2021. Chairperson Bezaire approved the request, and Solicitor King announced that the application will be heard at 6:30 PM on November 9, 2021 with no further notice being required. Adis, Inc. 1317 Beach Avenue Block 1146 Lot(s) 6, 7, 10-24 After a brief discussion on a business relationship Chairperson Bezaire has with the applicant, he recused himself from this application. Ron Gelzunas, Esq. introduced the application with Professional Planner Tiffany Morrissey and General Manager Francesca Santoro, and Owner George Andy present. Attorney Gelzunas described the application to operate a seasonal ice rink on a temporary basis. Planner Morrissey, Owner Andy, Manager Santoro 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 Vice Chairperson Jones. Manager Santoro explained that the hotel has a 10% occupancy rate in the winter and needs revenue to support employment of core staff. She said the hotel is exploring options to augment guest experience in winter and described the plan for the operations with a barrier on the New Jersey Avenue side, no loud music, tickets for controlled ice skating of ninety minute periods via an app (no ticket booth) with skate time to be donated to charities, students and the community. Manager Santoro said the proposed operating schedule would be to begin no earlier than November 19th and end no later than the last day of February. Planner Morrissey described the current conditions and explained the site plan which shows the use of 34 spaces for the rink, equipment rental and check-in. She showed the location of the chiller to be along the adjacent Beach House which is also owned by the applicant. Planner Morrissey said it is not unusual for this type of accessory use which has been installed at an area winery. She said there will be less parking than required and that the applicant already has a parking variance of a similar situation. Planner Morrissey said the variance makes sense for the seasonal and temporary winter attraction in the off season, described the positive and negative criteria and added that there are special reasons with the benefits outweighing the detriments. She referenced the 2019 Master Plan objectives to become a year round destination and said the application provides off season use on a surface that is already paved, creates a desirable visual environment, adequate light, air and open space with screening to be provided where there is no vegetation. Planner Morrissey said there is ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, October 12, 2021 2 adequate parking and overflow parking on Beach Avenue. She added that the variances are minor in nature, temporary and that the chiller was pushed back as far as possible. Attorney Gelzunas said that this is a unique situation of a large hotel with a parking lot, and Planner Morrissey said it is common to see ice skating rinks at other hotels. Planner Morrissey added that the Historic Preservation Commission will review the application and that the rink will create a unique feel in the Victorian area. Board members were allotted time for questions and wanted to know if the rink would be offered for resort patrons. The response was the rink is to augment guests at the resort. Manager Santoro said there would be around 75 skaters with a maximum of 100 and that people stay on the ice about twenty minutes at a time. Manager Santoro said basically it is an accessory use to the hotel. There was a brief discussion on parking, and Attorney Gelzunas said all access to the site will be off of Beach Avenue. Board Engineer Hurless said that the Fire Official wants to ensure EMS access including their equipment between the barriers. After a discussion on noise from any music, the skaters and decibel levels, it was decided that there will be no speakers used at the rink and that the maximum noise level to be at 75% of the state ordinance at the property line. There was also discussion on the decibel level of the chiller. Board members asked about the cleaning of the ice. Manager Santoro replied that a small Zamboni will clean the ice and there are no chemicals used in the cleaning of the ice. Attorney Gelzunas asked for approval for one operational year, since it is late in the year. Discussion was opened to the public within 200 feet at 8:20 PM. Justin Turner, Esq, Barry, Corrado & Grassi, on behalf of Keith and Susan Laudeman who live across the street on New Jersey Avenue, asked about the 9:00 end time meaning. Manager Santoro replied that 9:00 is the off the ice time plus thirty minutes till the operation is closed. Attorney Turner asked where the shavings will be placed. Manager Santoro said the shavings will be placed on the property by the Beach House. Attorney Turner asked about the skates, and Manager Santoro said the skates are part of the ticket fee and will be provided by the hotel. Attorney Turner asked about an ice rink being a clearly incidental and accessory to the uses by right as listed in Ordinance 525-24a to 525-24g, and Planner Morrissey said it is becoming more and more common and clearly incidental. Attorney Turner asked about parking and circulation, and Planner Morrissey estimated that an additional 45 people would need parking with no impact on circulation. There was a discussion on whether a site plan approval would be required. Board Engineer Hurless said he supported granting a waiver of site plan review. Attorney Gelzunas moved that Board Engineer Hurless’ September 8, 2021 memorandum be accepted as Exhibit A-1 regarding the first submission deeming the application incomplete and Board Engineer Hurless’ September 20, 2021 memorandum deeming the application complete be accepted as Exhibit A-2. ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, October 12, 2021 3 Board Engineer Hurless read the waiver of site plan review requirements. Attorney Turner asked about the adverse impact of noise and whether the level of the music will have to be increased to overcome the noise of the skaters and the chiller. Attorney Gelzunas said there will be no music. Susan Laudeman, 1311 New Jersey Avenue, was sworn in by Solicitor King. She shared that she is a 37-year resident and is concerned about intrusion during the peaceful half of the year and the change in lighting when the lights are usually off at that time of year. She said that the wing addition created an amphitheater type of noise plus there is additional noise coming off of the Beach House. She added that she is concerned about the noise of the chiller projecting to their property and of running busses for long periods of time. She asked about bathroom use. Manager Santoro replied that the lobby will be available for bathroom use and that there will be no food nor beverage service at the rink. She added that they will ensure there will be a chain of command to handle any issues. Attorney Turner asked that his October 12, 2021 letter, that had been distributed to the Board, be entered into the record as Exhibit O-1. He said that he feels that the proposed use is not clearly incidental but should be considered a use variance with issues to consider: noise and operations. Rick Brooks, 1315 New Jersey Avenue, was sworn in by Solicitor King and gave a background at his property since 1964. He said 75 to 100 people on a rink will be loud with lights on 24/7 again. Mr. Brooks said it is a quality of life issue with crowding and parking. Discussion was opened to the public beyond 200 feet at 8:51 PM. Barb Atherton, 1224 New Jersey Avenue, was sworn in by Solicitor King and shared her concern that there will still be noise at her property which is greater than 200 feet away. Discussion was closed to the public at 8:55 PM. Board Engineer Hurless reviewed his report dated September 20, 2021 in detail. He said that if the Board approves the application for waiver of site plan and variances for side yard setback and parking, the approval will be for one operational season with the requirement to return for approval of any additional seasons. The general review comments 1-9 were described in detail and are to be conditions of approval. The chiller was determined to be electric, so there is no impact from fumes. There will be no speakers and noise is to be no greater than 75% of the state decibel level. The applicant is to provide ornamental fence barriers with the five feet of clearance for the Fire Department as a conditional of approval. There is no change to the lighting except for holiday decorations with lights. Ice shavings are to remain on site with no adverse impacts. Board Engineer Hurless believes that there is adequate parking on Beach Avenue. Board Engineer Hurless said the Environmental Commission recommended approval as long as there is no evidence of chemicals leeching at the site, and the Fire Department approved the project with the condition that space for EMS access is required. The Shade Tree Commission and Police Department approved the project with no conditions. Board members were allotted time for questions of Board Engineer Hurless. ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, October 12, 2021 4 Board Engineer Hurless answered Deputy Mayor Sheehan’s question that a Zamboni does not use chemicals. There was a discussion on bathroom availability with the determination that there are restrooms in the Lobby, by the three handicap parking spaces by the Lobby and at the Beach House. There will be no portable restrooms. The viewing area will not include seating. Attorney Gelzunas made a closing statement to the Board. Solicitor King explained the vote to the Board. Motion made by Mr. Belasco to grant waiver of site plan requirements, to approve this as an accessory use to the hotel with associated variances for the side yard and parking with conditions outlined in the hearing including, but not listed in total, no speakers, 75% of state permitted noise levels at the property line, approval for one operational season and items discussed by the Board Engineer including to direct things to operate through Beach Avenue away from New Jersey Avenue and subject to all conditions of approval discussed at the hearing and outlined in the review memorandum, from Board Engineer Craig R. Hurless, PE, PP, CME, dated September 20, 2021, seconded by Mr. Gorgone and carried 5-4. Those in favor: Mr. Belasco, Mr. Gorgone, Mayor Mullock, Mr. Lundholm, Mr. Jones. Those opposing: Deputy Mayor Sheehan, Dr. Wolf, Mr. Yeager, Mr. Crowley. Those abstaining: None. Board members gave their reasons for their votes. Mr. Belasco said he liked that the approval is temporary. Mr. Gorgone and Mayor Mullock agreed with Mr. Belasco. Deputy Mayor Sheehan thought it to be a detriment to the citizens in area. Dr. Wolf felt that this is not an incidental use and that residential owners do not always have to support the cost of doing business. Mr. Yeager thought the negatives outweigh the positives. Mr. Crowley agreed with Dr. Wolf regarding incidental use in conjunction with a hotel or motel. Mr. Lundholm agreed with Mr. Gorgone about exploring other options. Mr. Jones supported granting the variances requested. Attorney Gelzunas thanked the Board for their consideration. Motion made to adjourn by Mr. Belasco at 9:28 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, October 12, 2021 5