Zoning Board Virtual Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, August 27, 2020 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Diane Hutchinson at 6:01 PM virtually via Zoom and streamed live on Facebook. In compliance with the Open Public Meetings Act, adequate notice was provided. Roll Call: Mrs. Hutchinson, Chairperson Present Mr. Murray, Vice Chairperson Absent Mr. Iurato Absent Mrs. Werner Present Ms. Hesel Present Mr. Van de Vaarst Present Mrs. Lukens Present Mrs. Nelson (Alt. 1) Present Mr. Walsh (Alt. 2) Present Also Present: Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer Karen Keenan, Board Assistant Minutes: Motion was made by Mrs. Nelson to adopt the meeting minutes of July 23, 2020, seconded by Ms. Hesel and carried 7-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mrs. Nelson, Mr. Walsh, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Resolution(s): Motion was made by Mr. Van de Vaarst to adopt Resolution number 08-27-2020: 1, Maguire, 807 Corgie Street, seconded by Mrs. Lukens and carried 7-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mrs. Nelson, Mr. Walsh, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Application(s): Atlantic City Electric Company Venice Avenue, Bank Street, Elmira Street Block 1055, Lot(s) 3-10 Block 1061, Lot(s) 16 Before any presentation of this application, Board Solicitor King spoke to the inform Board of communication with the Board Chairperson and Board Secretary regarding this voluminous, and ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes – August 27, 2020 Page 1 perhaps complicated, application. Even though the applicant’s notice was in accordance with the law, he felt it was appropriate to grant an adjournment if the parties agreed to permit time for any opposition to prepare a presentation and obtain expert testimony, and the applicant has agreed should the Board approve an adjournment. He added that he suggested to any interested individuals to participate in tonight’s meeting to ensure that they understand how to access to the meeting when it is held, as there was also concern about access to a virtual meeting. Solicitor King advised that exhibits will be required to be submitted to the Board Secretary well in advance of the meeting to be posted online for view. Additionally, he said that the matter may best be heard in a special meeting, as there are already two applications on the September meeting agenda and so there is no pressure of time during the hearing of this application. Motion was made by Mrs. Lukens to adjourn the application to a special meeting with the date to be set, seconded by Mr. Van de Vaarst and carried 7-0. Those in favor: Mrs. Werner, Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mrs. Nelson, Mr. Walsh, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Solicitor King also explained that this type of application, one that involves inherently beneficial use, rarely is considered by the Board. He went on to say that the analysis is what is the negative impact of proposed expansion/change to the neighbors and community and that there is a four- part test: 1. Evaluate the public impact. 2. Identify the adverse consequences of granting the variance. 3. Consider conditions which may be imposed to mitigate any adverse consequences. 4. Balance the public interest in granting the variance versus adverse impact as lessened by any conditions and determine whether on balance there will be a substantial detriment to the public good being required to deny the variance. He added that there are items that are outside of the Board’s review, such as EMFs or electromagnetic forces, noise, and stormwater issues. The special meeting date of September 29, 2020 was decided to be agreeable to the Board and applicant. Solicitor King announced the application to be adjourned to a special meeting to be held at 6:00 PM on Tuesday, September 29, 2020 to be held in the same manner with instructions posted on the City website and with no further notice to be mailed or published by the applicant. The Board Secretary will post a Sunshine notice of the special meeting, as required. Solicitor King advised the public to send any exhibits to be presented to the Board Secretary as soon as possible. Mr. King suggested the meeting be opened to the public and instructed the public not to provide any testimony that would disqualify any Board members not present from the special meeting. He added that the public is welcome to comment if only to test their ability to connect to the meeting. Discussion was opened to the public within 200 feet at 6:24 PM. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes – August 27, 2020 Page 2 Ken Murphy, 549 Elmira Street, thanked the Zoning Board for adjourning this application and called to test his ability to connect to the meeting. Stephen DiCicco, 510 Venice Avenue, echoed Mr. Murphy’s comment and called to test his ability to connect to the meeting. Discussion was opened to the public beyond 200 feet at 6:29 PM. Sharon Fruchtman, 543 Bank Street, asked for the date of the special meeting and was advised that the meeting will be on Tuesday, September 29, 2020. Discussion was closed to the public at 6:32 PM. Solicitor King advised the Board Secretary to include the meeting phone number in the notice of the special meeting. Motion made by Mrs. Nelson to adjourn the meeting at 6:32 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes – August 27, 2020 Page 3