11-09-2021 Planning Board Meeting

City of Cape May Planning Board Meeting Minutes Tuesday, November 9, 2021 Opening: The in-person meeting of the City of Cape May Planning Board was called to order by Chairperson William Bezaire at 6:35 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 Present 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 Minutes: Motion made by Mr. Gorgone to approve the meeting minutes of October 12, 2021, seconded by Mr. Jones and carried 8-0. Those in favor: Mr. Belasco, Mr. Gorgone, Mayor Mullock, Deputy Mayor Sheehan, Dr. Wolf, Mr. Yeager, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: Mrs. Reed. Resolution(s): There were changes to the following resolution announced by Solicitor King, specifically correcting the block and lot numbers and amending it to read Sunday to Friday versus Sunday to Monday on page eight. Motion made by Mr. Belasco to adopt Resolution number 11-09-2021: 1 as amended, Adis, Inc., 1317 Beach Avenue, seconded by Mr. Jones and carried 4-0. Those in favor: Mr. Belasco, Mr. Gorgone, Mayor Mullock, Mr. Jones. Those opposing: None. Those abstaining: Deputy Mayor Sheehan, Dr. Wolf, Mrs. Reed, Mr. Yeager, Mr. Bezaire. ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, November 9, 2021 1 Application(s): Cape Jetty LLC 6 Second Avenue Block 1012 Lot(s) 15.01 After a brief discussion on any business relationships Chairperson Bezaire has with the applicant and/or objectors, it was determined that he can participate in the hearing of this application with no objection from the applicant. Robert Baranowski, Esq. introduced the application with Owner Manny DeMutis, Architect Stephen Fenwick, Engineer and Professional Planner Andrew Schaeffer and Traffic Engineer David Shopshire present. Attorney Baranowski described the application for amended preliminary and final site plan approval and parking and height variances and stated that the previous approval was granted in 2019. Owner DeMutis, Architect Fenwick, Planner Schaeffer, Engineer Shopshire, and Board Engineer Craig Hurless were sworn in by Solicitor King for the record. Solicitor King asked for objectors’ representation, and John Amenhauser, Esq. was present on behalf of objectors. Solicitor King asked for the location of the proposed parking spaces, and Attorney Baranowski said they are not specifically identified but are actively being pursued. Architect Fenwick presented his credentials and was accepted as an expert by Chairperson Bezaire. Architect Fenwick presented Exhibits A-1 Picture of Existing Jetty Motel, A-2 Photo of Three Large Hotels including Mt. Vernon Hotel, A-3 2019 Approved View from Southeast, A-4 Proposed View from Southeast, and A-5 Amenity Layout. He said the plans include change in the location of the lobby including a bar and restaurant. Engineer Hurless asked about the discrepancy in seat counts, and Attorney Baranowski said there are 203 public dining seats plus 37 dining seats for hotel guests for a total of 240 dining seats. Owner DeMutis stated that areas not open to the public will be manned, and the pool deck is only accessed via elevator key and emergency stairs. Board members were allotted time for questions and asked about the 43’ height location. Architect Fenwick said the height is to the edge of the roof. Planner Schaeffer presented his credentials and was accepted as an expert by Chairperson Bezaire. Planner Schaeffer showed Exhibit A-6, an aerial photograph of the site plan and said all uses are by right uses. He said the potential detriment of the height variance in blocking more view is a de minimus increase with the benefits to be a more desirable ceiling height, increased green space pushed to the front perimeter, less visibility of cars, attraction of higher room rates, and an additional restaurant. There was a discussion on the parking calculation, and Planner Schaeffer said the new plan ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, November 9, 2021 2 includes stacked spaces. Engineer Hurless and Solicitor King commented that this new plan was not previously shared for review by the Board and public until the meeting. Solicitor King asked how a variance could be issued for parking at an unidentified site. A break was taken at 7:46 PM. The meeting resumed at 7:59 PM. Attorney Baranowski requested an adjournment of the application to the next available meeting. Attorney Amenhauser, on behalf of the eleven objectors he represents, said the matter had been adjourned already and his clients have paid him and two engineers to be present. He said he has no objection to continuing the hearing of the application. Motion made by Dr. Wolf to adjourn the application with the applicant’s agreement to waive the time limits for a decision, seconded by Mr. Belasco and did not carry 4-5. Those in favor: Mr. Gorgone, Dr. Wolf, Mr. Yeager, Mr. Jones. Those opposing: Mr. Belasco, Mayor Mullock, Mayor Sheehan, Mr. Reed, Mr. Bezaire. Those abstaining: None. Planner Schaeffer continued his presentation and suggested parallel parking, on Beach Avenue and Second Streets, which would create seven new on-street parking spaces on Beach Avenue (if approved by the County) and two new on street parking spaces on Second Avenue. He added that the plan lessens back out parking, all parking is removed from view, reduces self-parking accidents and encourages hotel guests to walk. He felt that there is no detriment to the Zone Plan nor the Master Plan. Engineer Shropshire presented his credentials and was accepted as a professional traffic engineer by Chairperson Bezaire. He agreed with Planner Schaeffer’s plan and said valet parking is common in shore communities. He does not think the demand will equal the City’s parking requirements. Board members were allotted time for questions and comments. Members asked about the demand for parking, and Engineer Shropshire referred to his report of demand counts in July. There were also questions and comments regarding the number of employees with ten employees being underestimated for a 240-seat restaurant and hotel. There were questions regarding retail shops, and Owner DeMutis said they would be manned by the front desk and open to the public. Discussion was opened to the public within 200 feet at 8:39 PM. Attorney Amenhauser representing eleven objectors, including Joe and Nancy Schlitzer, 19 Second Avenue, Craig and Lisa Ver Steeg, 14 Second Avenue, Mark and Diane Renna, 12 Second Avenue, Jay Kloosterboer, 25 Second Avenue, Scott Maslow, 18 Second Avenue, Barbara Zicari, 25 Second Avenue, Bobbie Stokes, 18 Second Avenue and Edward Johnston, 732 Jonathan Hoffman Road, shared Exhibits O-1 through O-6, photographs highlighting the lack of parking availability near the Jetty Hotel and weather conditions. He said the application benefits the Applicant only and does not benefit the zone plan nor neighbors. He added that valet parking creates a waiting line of traffic and said that the parking analysis provided by Engineer Shropshire includes dates that weather reports indicates substantial rain when there would not be high demand for parking. Attorney Amenhauser also said that the applicant subdivided his property in 2010 for a single family home replacing an existing parking lot of twenty spaces that ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, November 9, 2021 3 could be used for parking today. He added that the Board approved a plan in 2019 because the parking was conforming, and the Board placed limitations on the amenities of the hotel. Attorney Amenhauser said the lack of a definitive location of off-site valet parking is an issue. Engineer Christopher Menna shared his credentials, was accepted as an expert engineer and was sworn in by Solicitor King. Engineer Menna felt there will be a substantial detriment to the zone plan if the application is approved. He was concerned about stormwater and the pump discharge to the street, safety of parking on the property and the easement, electric vehicle parking and the lack of the recording of the easement plus the increase of traffic on the easement. Board members were allotted time for questions of Engineer Menna. Scott Maslow, 18 Second Avenue, was sworn in by Solicitor King and spoke in opposition of the application. Dr. Maslow confirmed that photographs O-1 through O-6 were taken in 2021. He said he has observed an increase of traffic in the area in recent years including the popular beach, and the area is susceptible to increased traffic that a 250-seat restaurant and bar would bring. Joe Schlitzer, 19 Second Avenue, was sworn in by Solicitor King and spoke in opposition of the application. He said the photos accurately reflect parking in the area and that the conditions continue throughout the year. He expressed concern about the volume of traffic and the negative impact of deliveries. Mark Renna, 12 Second Avenue, was sworn in by Solicitor King and spoke in opposition of the application. He said Exhibit O-6 is a 2011 Google Earth aerial photo that show the twenty parking spaces where his house stands now. He said that parking is extremely difficult in the area, and he bought his home knowing about the hotel but not a hotel with a public restaurant and bar. He said the easement is 25 feet wide and there have been issues with the easement. He introduced Exhibits R-1, a packet including Amended Easement dated August 23, 2020, Exhibit R-2 Loading Area, Exhibit R-3, R-4, R-5, and R-6 Photos of trucks damaging his fence and other areas of his property, Exhibit R-7 Photos of the Height of Jetty Motel. Mr. Renna felt he should not be required to insure for increased liability of the easement. He said the proposed plan is eight percent higher than what was previously approved and will dramatically affect his view and decrease the value of his home. He added that the Environmental Impact Statement needs to be updated as the changes are environmentally significant. He asked the Board to consider noise, vents, air quality, down lighting, recycling and the hours of operation. Jay Kloosterboer, 25 Second Avenue, was sworn in by Solicitor King and said he objects to the application because there is community opposition, it violates the ordinance for new development, it conflicts with the 2019 Master Plan, the area is already congested and there is a shortage of parking in the area. Gerry Emery, 17 Second Avenue and owner of Oyster Bay, was sworn in by Solicitor King and listed the number of employees needed to operate her restaurant of less than the 240 seats to be more than the estimate provided by the applicant. She also described the impact and timing of delivery trucks which cannot be controlled. ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, November 9, 2021 4 Scott Maslow, 18 Second Avenue, remained under oath and said that the hotel will require more parking for the proposed high turnover restaurant and disputed the Shropshire report. He reiterated that he opposes the application. Paul Johnston, 305 Beach Avenue, The Cove Restaurant, was sworn in by Solicitor King and spoke in opposition of the application stating that the applicant created his own hardship by removing the second-level parking from the plans. Nicholas Grisanti, 108 Second Avenue, stated he is currently building a house without a variance and believes the applicant should do the same. He said he opposes the application in the residential neighborhood. Chris Johnston, 305 South Beach Avenue, was sworn in by Solicitor King and spoke in opposition of the application due to the change to the neighborhood solely for the owner’s good not for the good of the neighborhood. Ed Johnston, 405 Beach Avenue, was sworn in by Solicitor King and spoke in opposition of the application for the congested area. Discussion was opened to the public beyond 200 feet at 10:29 PM. Joe Milligan, 30 First Avenue, spoke in opposition of the application and said ceiling height is not important when selecting a restaurant. He expressed concern of vehicle accidents. Jason Beard, 31 First Avenue, was sworn in Solicitor King and agreed with other public comments. He said he is worried about speeding as a result of valet parking in the area. Susan Johnston, 405 South Beach, The Cove Restaurant, and 11 South Broadway, opposed both variances and said the applicant should comply with land use regulations. Discussion was closed to the public at 10:36 PM. Board Engineer Hurless reviewed his report dated November 2, 2021 in detail including his completeness review, comments for variances and general review comments. He expressed concern that the parking plan presented at the meeting was not reviewed by the Police Department and Fire Department and that the unknown off-site spaces location may require variances and cannot be evaluated for any negative impacts absent the location. He said that additional variances may be required, such as for stacked parking. Given the new information that was presented, Engineer Hurless said the Board should only consider preliminary site plan approval with subsequent presentation of final site plan approval to be required. Board members were allotted time for questions of Board Engineer Hurless. Member Crowley asked about the 2019 approval as related to the pool. Engineer Hurless said pools are not typically calculated as an accessory use. Solicitor King said the pool is not considered an accessory use on this application. Attorney Baranowski questioned Architect Fenwick regarding the rear lot of the property that was ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, November 9, 2021 5 sold. Architect Fenwick said it was thought to be zoned commercial but was actually zoned residential and said he did not think it was a self-imposed hardship. Planner Schaeffer addressed comments on the variances and said that the variances are flexible “C” variances and he believes the benefits outweigh the detriments and the parking spaces sizes comply with the ordinance and varlet parking reduces circling. Attorney Baranowski made his closing statement, and Solicitor King explained the vote. Motion made by Mr. Jones to grant the preliminary amended site plan application and associated variances 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 November 2, 2021, seconded by Deputy Mayor Sheehan and did not carry 0-9. Those in favor: None. Those opposing: Mr. Belasco, Mr. Gorgone, Mayor Mullock, Deputy Mayor Sheehan, Dr. Wolf, Mrs. Reed, Mr. Yeager, Mr. Jones, Mr. Bezaire. Those abstaining: None. Board members gave their reasons for their votes. Deputy Mayor Sheehan thought the 2019 Master Plan should be preserved. Mr. Bezaire found the parking location too uncertain and was concerned with stacked parking and drive aisle. Mr. Jones agreed with Mr. Bezaire about the uncertain parking location. Motion made to adjourn by Dr. Wolf at 11:18 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary ------------------------------------------------------------------------------------------------------------------------------------------ City of Cape May Planning Board Minutes, November 9, 2021 6