03/24/2022 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, March 24, 2022 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Vice Chairperson William Murray at 6:05 PM in the City Hall Auditorium. In compliance with the Open Public Meetings Act, adequate notice was provided. Roll Call: Mrs. Hutchinson, Chairperson Absent Mr. Murray, Vice Chairperson Present Mrs. Werner Present Ms. Hesel Present Mr. Ledwin Present Mrs. Notch Present Mr. Walsh Present Mrs. McDade (Alt. 1) Absent Sam Venuto (Alt. 2) Present Also Present: Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer Karen Keenan, Board Assistant . Resolutions: Motion made by Mr. Ledwin to adopt Resolution number 03-24-2022: 1, Gerald and Mary Anne Jones, 20 Patterson Avenue, seconded by Mr. Walsh and carried 6-0. Those in favor: Ms. Hesel, Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Venuto, Mr. Murray. Those opposed: None. Those abstaining: Mrs. Werner. Motion made by Mr. Walsh to adopt Resolution number 03-24-2022: 2, Connor and Alex McMahan, 20 Second Avenue, seconded by Mr. Murray and carried 6-0. Those in favor: Ms. Hesel, Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Venuto, Mr. Murray. Those opposed: None. Those abstaining: Mrs. Werner. Motion made by Mrs. Werner to adopt Resolution number 03-24-2022: 3, Renee Quinn, 38 Jackson Street, seconded by Ms. Hesel and carried 6-0. Those in favor: Ms. Hesel, Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Venuto, Mr. Murray. Those opposed: None. Those abstaining: Mrs. Werner. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes – March 24, 2022 - Page 1 Application(s): John & Rebecca Adams 339 Congress Street, Block 1031, Lot(s) 80 & 81 Vice Chairperson Murray announced that this application is adjourned to the May 26, 2022 meeting with no further notice required. Cape May Sea Glass Properties LLC 933 Beach Avenue, Block 1081, Lot(s) 16 Vice Chairperson Murray announced that this application is adjourned to the April 28, 2022 meeting with no further notice required. AT&T, Adjacent to 1036 Beach Avenue, Block 1101, Lot(s) 4 Vice Chairperson Murray announced that this application has been withdrawn by the applicant. Washington & Madison LLC 722 Beach Avenue, Block 1000, Lot(s) 36 & 36.01 Attorney Anthony Monzo introduced the application. Owner Peter Tiburzio, Engineer John Kornick, and Board Engineer Craig Hurless were sworn in by Solicitor King for the record. Attorney Monzo described the recent approval by the Planning Board regarding the flood variance and the current application for a use variance now that the uses are identified to be an Asian restaurant with seating, carry out ice cream shop, clothing retail shop and coffee shop with seating. Attorney Monzo introduced Exhibits A-1, a photo of the property on Beach Avenue and A-2, a photo of Convention Hall on Beach Avenue. Signage was discussed, and it was determined that variance is required since the total area exceed the amount permitted. Owner Tiburzio presented his family’s extensive background in the arcade and food businesses. Engineer Kornick presented his credentials and was accepted as an expert by Vice Chairperson Murray. Engineer Kornick referred to Exhibit A-3 a colored rendering which is included in the application packet. He shared that the property is not in the historic district and that a D-1 variance is required. Engineer Kornick said the use is limited to amusement but there are restaurants and retail currently operating in this zone. Engineer Kornick felt the proposed uses are appropriate for the site and he did not see any negative impact on the zone plan. He added that there is parking available on Beach Avenue and a loading zone available for use also. He said the application qualifies for a hardship variance, and the signs will be front lit and cause no negative impact. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes – March 24, 2022 - Page 2 Board members were allotted time for questions of Engineer Kornick and asked about the sign material. Applicant Tiburzio stated that the sign material is three quarter inch wood. There was a question about the Asian restaurant having booths and/or counters with the response being no. Applicant Tiburzio also stated that the ice cream shop will be a walk-up shop, not a restaurant. Board Engineer Hurless then summarized his report dated March 3, 2022. He described his completeness review and the waivers he supported including the waiver of all other site plan review requirements except lighting, signage, loading and trash considerations which are indicated on the plans, and stated that grease traps are required and must be indicated on the plans along with sewer lines as conditions of approval. He summarized the variances requested and shared his general review comments 1-12 in detail with all items being conditions of approval. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within 200 feet and beyond at 6:59 PM and closed with no public coming forward to comment. Solicitor King explained the vote to the Board. Motion was made by Mrs. Notch to consider the application as a whole with the use variance needing five affirmative votes out of seven votes, signage area variance, loading space variance, and parking – number variance, numbers 1-4 as outlined in Board Engineer’s Memorandum dated March 3, 2022 and based on the chart on page five, subject to waivers 1-4 and conditions 1-12 listed on pages six and seven and outlined by the Board Engineer, seconded by Ms. Hesel and carried 7-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Ledwin, Mrs. Notch, Mr. Walsh, Mr. Venuto, Mr. Murray. Those opposed: None. Those abstaining: None. Board members made positive comments on the application. Motion made by Mr. Murray to adjourn the meeting at 7:08 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes – March 24, 2022 - Page 3