12/10/2024 Planning Board Meeting

City of Cape May Planning Board Meeting Minutes Tuesday, December 10, 2024 Opening: The meeting of the City of Cape May Planning Board was called to order by Chairperson Bill Bezaire at 6:34 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 Present Mr. Lundholm Present Mayor Mullock Absent Mrs. Reed Present Councilmember Yeager Present Mr. Padussis Alt # 1 Present Mr. Crippen 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 November 26, 2024, seconded by Mr. Gorgone and carried 9-0. Those in favor: Mr. Gorgone, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Application(s): 518 Washington Street LLC 518 Washington Street, Block 1051 Lot(s) 5 C-1 & C-2 Present for this application for site plan waiver and variance relief to create two residential units of the second floor of the building was Attorney John Amenhauser of The DeWeese Lawn Firm, Owners Daniel Uffleman and Amanda Adams, Architect Pamela Fine of Fine Architecture and Engineer and Planner John Halbruner of The Highland Group. Owners Uffleman and Adams, Architect Fine, and Engineer Halbruner were sworn in along with Board Engineer Craig Hurless by Solicitor King. Owner Uffleman said the purpose of the application is to house employees. Architect Fine was recognized as an expert by Chairperson Bezaire. Architect Fine described the existing and proposed plans in Sheet P-1 in detail with the second floor apartment space to be separated into two units of two bedrooms and two bathrooms each from one large five-bedroom unit. She said the Historic Preservation Commission approved the window plan. City of Cape May Planning Board Meeting Minutes, December 10, 2024 1 Engineer Halbruner described the zoning of the property and said no alterations to the mass of the building are planned. He explained the conversion of one apartment unit to two apartments requires a use variance and said the lot coverage will remain unchanged. He described the parking calculation change and the need for a parking variance. He testified the purposes of zoning are advanced by two bedroom units for employee housing versus one large apartment, appropriate use of development and promoting general welfare. He said the positives outweigh the negatives and he said the waiver from site plan review is justified. Board members were allotted time for questions. Member Crowley asked for documentation that the city approved of the non-conforming conditions. Engineer Halbruner said the building predates zoning; Solicitor King said the city has an ordinance that this is a pre-existing non-conforming use. Engineer Hurless felt the proposed change is not detrimental, as the change is not really intensifying the use. Councilmember Yeager asked for the current use, and Owner Uffleman responded the apartment unit is currently vacant and has been vacant for almost ten years. There was a discussion on market rental housing. Engineer Halbruner said his testimony stands whether the apartments are used for employee housing or market rental housing. Member Reed asked about the removal of the second entrance, and Architect Fine said the stairs cannot be accessed. Owner Uffleman said the interior stairs are currently used for storage by the store on the first floor. Member Crowley asked if the plan is to restrict the use to workforce housing, and Attorney Amenhauser said residential housing is a permitted use. Engineer Halbruner said the parking calculation is the same for the existing five-bedroom unit versus two two-bedroom units. Engineer Hurless said Residential Site Improvement Standards (RSIS) parking calculation is an increase from eight required spaces to twelve required spaces. He asked the owners for their types of employees and how they may intend to use the apartments. Owner Uffleman said they contemplate using one of the proposed units for their manager. He said the five-bedroom unit would be used for transients. Owner Adams shared they purchase nine Jackson Street parking spots from the city for the nine employees at their business, Queen May Jewelry. Engineer Halbruner said a five- bedroom unit could be a rowdy rental versus two two-bedroom units, and two two-bedroom units provide an opportunity for workforce housing where a five-bedroom unit does not. Engineer Hurless then summarized his memorandum dated November 21, 2024 including his completeness review with the waiver he supported, and review comments for the variances requested. The General Review Comments 1-8 were reviewed and explained in detail with all items being classified as conditions of approval. Engineer Hurless said the Environmental Commission, Fire, Police and Public Works Departments and Shade Tree Commission recommended approval of the project. Board members were allotted time for questions of Engineer Hurless. City of Cape May Planning Board Meeting Minutes, December 10, 2024 2 Member Lundholm asked the number of parking spaces required for a five-bedroom apartment, and Engineer Halbruner calculated that 2.3 parking spaces are required. Discussion was opened to the public within two hundred feet and beyond at 7:24 PM. Julius Rauch, 1010 New York Avenue, was sworn in by Solicitor King. He asked about a mercantile license for the property. Solicitor King said the use is permitted. Mr. Rauch expressed concern about parking. Discussion was closed to the public at 7:27 PM. Member Padussis stated housing for the mall workforce must be addressed. Engineer Hurless said there is a recommendation, which has not been perfected, in the master plan to address workforce housing. Solicitor King summarized the application testimony and said the board needs to weigh whether two two-bedroom units create a lesser parking problem than a five-bedroom unit. Attorney Amenhauser said the certificate of zoning compliance shows two retail spaces plus one apartment above, so it has been recognized by the city. Engineer Hurless agreed with Engineer Halbruner’s rationale for calculating the parking using RSIS for a two bedroom single family dwelling requiring 1.5 parking spaces for two units to total three parking spaces versus a five bedroom single family dwelling being the same, as it also requires three parking spaces. There was a discussion on separating the votes. Motion made by Mr. Gorgone to grant the variances for rear yard setback, lot coverage and parking – number of spaces listed on page three, subject to waiver of site plan and subject to the conditions 1-8 on pages four and five outlined in the Board Engineer and Planner Craig R. Hurless PE, PP, CME memorandum dated November 21, 2024 and all conditions discussed at the meeting, seconded by Mr. Lundholm and carried 7-2. Those in favor: Mr. Gorgone, Councilmember Yeager, Mrs. Reed, Mr. Lundholm, Mr. Riggs, Mr. Jones, Mr. Bezaire. Those opposing: Mr. Crowley, Mr. Padussis. Those abstaining: None. Members gave reasons for their votes. Member Gorgone said the application is an improvement and needed in the mall area. Councilmember Yeager found the potential for workforce housing important and that a five-bedroom apartment would use more parking than two two-bedroom units. Mrs. Reed preferred two two-bedroom units over a five-bedroom unit. Member Riggs was encouraged by the workforce housing possibility. Member Crowley felt the case for the variances was not made. Member Padussis was concerned about workforce housing and setting a precedent for mall landlords. King’s Café LLC – Joseph and Kate Chew 401 Lafayette Street, Block 1046 Lot(s) 8 Attorney Bruce Conwell of Cafiero Law introduced the application for amended preliminary and final site plan approval and variance relief to reconfigure seating and add two six-foot benches. Engineer Brian Murphy was present and accepted as an expert by Chairperson Bezaire. Engineer City of Cape May Planning Board Meeting Minutes, December 10, 2024 3 Murphy and Owner Kate Chew were sworn in by Solicitor King. Engineer Hurless remained under oath. Owner Chew provided a history of ownership of the property and said most customers prefer to consume their ice cream outdoors. She said there will be no table service or live music at the property. Engineer Murphy reviewed the plans, which he did not prepare, and visited the property, which he described as in a walkable part of the city near the mall. He described the conditions at the property and testified that the outdoor seating does not pose a threat to pedestrian safety. He stated land use law would be advanced by the following special reasons: encourage municipal action to guide appropriate use/development of lands, promote general welfare, provide sufficient space and appropriate locations for commercial uses, and promote a desirable visual environment through creative development techniques and good civic design and arrangement. He testified that the benefits outweigh the detriments. Board members were allotted time for questions. Engineer Hurless asked if they reviewed the Police and Fire Departments’ review reports. Attorney Conwell responded that they recommended approval with the installation of parking bollards or concrete posts. Owner Chew said they will do whatever the board requires. Engineer Hurless said the intersection is awkward with cars backing out onto Lafayette, which the Police Department said is an issue. He thought the applicant could redesign by sliding the handicap space and loading space to the left to create a formal, safer seating area and k-turn back out but would result in the loss of a parking space. Members Riggs and Crowley agreed with the chiefs on the addition of bollards. Solicitor King suggested the board may decide one less parking space may be safer and allow more outdoor seating. It was determined the applicant to redesigned the plans and return to the board for review on January 14, 2025. The board asked that the applicant present redesigned plans to the Historic Preservation Commission before returning to the board. A short break was taken at 8:17 PM at the request of Attorney Conwell. The meeting resumed at 8:24 PM. There was a discussion on seating, bollards and the redesign to be prepared with Engineer Hurless’ input. Motion made by Mr. Gorgone to table the application, with the applicant agreeing to a waiver of the time constraints for a decision, to be heard at the January 14, 2025 meeting, seconded by Mrs. Reed and carried 9-0. Those in favor: Mr. Gorgone, Councilmember Yeager, Mrs. Reed, Mr. Crowley, Mr. Lundholm, Mr. Riggs, Mr. Padussis, Mr. Jones, Mr. Bezaire. Those opposing: None. Those abstaining: None. Discussion: Payment of Bills City of Cape May Planning Board Meeting Minutes, December 10, 2024 4 Motion made by Mr. Jones to approve the payment of bills, seconded by Mr. Riggs and carried 9-0. Those in favor: Mr. Gorgone, 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. Lundholm at 8:31 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary City of Cape May Planning Board Meeting Minutes, December 10, 2024 5