By CHRISTOPHER SOUTHCape May Star and Wave

CAPE MAY – The zoningboard chairman began lastThursday’s meeting by say-ing, “I don’t think we will fin-ish tonight.”

Truer words are seldomspoken.

The Cape May ZoningBoard of Adjustments beganhearing an appeal by FrankInvestments on the denial ofits demolition application bythe Historic PreservationCommission. The meetingconcluded at 10 p.m., a timelimit outlined by ZoningBoard Chairman ArnoldPitman at the beginning ofthe meeting.

Only two of the appellatewitnesses gave testimony.

Stephen Nehmad, attorneyfor Frank Investments, firstoutlined the history of theapplication. FrankInvestments applied for andreceived a demolition permitfrom the HPC in the summerof 2007. It applied to thePlanning Board in December2008 for preliminary site planapproval, which it has today.However, the partial demoli-tion permit (so calledbecause it doesn’t involvetearing down attached retailspace) expired before demo-lition could begin.

In September 2008, the gov-ernor signed the PermitExtension Act, allowing per-mits to be extended past theirexpiration dates in order tostimulate the economy.Nehmad said he believes hisclient’s permit is subject tothe PEA, and City SolicitorAnthony Monzo wrote a lettersupporting that notion.

With that understanding,Frank Investments proceed-ed with preparing the build-ing for demolition – removingfurniture and equipment,removing asbestos, etc.

But on Oct. 27, 2009,Nehmad received an emailfrom Monzo saying he nolonger believed the PEAapplied to Frank’s demolitionpermit. Monzo cited a sectionof the act which says environ-mentally sensitive areas,which includes all of Cape

May, were exempted fromthe act.

“I disagreed and continueto disagree,” Nehmad said.

However, FranksInvestments was asked to filea new application for a demo-lition permit and it was madein late 2009. Going before theHPC in January 2010 withthe same exhibits and sameplan, the HPC reversed itsposition and denied the dem-olition permit.

Prior to the applicationhearing, the Beach Theatreturned 50 years old and wasadded to the city’s survey ofhistoric structures.

“Two instruments of thiscity have done a completereversal,” Nehmad said.

Nehmad asked that thedenial not be given preceden-tial standing in the appeal,which was described as a denovo (new) hearing. Nehmadsaid his client’s position isthat the Beach Theatre is notculturally significant and it isnot a historic site. He said hewould argue the BeachTheatre does not meet thecriteria of a historic site asoutlined in the city’s ordi-nance, and it was not con-structed in a period of his-toric significance.

Nehmad objected to HPCSolicitor Robert Finebergrepresenting the commissionat the appeal, saying the HPCcould not take an adversarialposition in the matter.

“I vigorously object to theHPC having standing here,”Nehmad said, basing hisobjection on case law involv-ing Washington Township.

Zoning Board SolicitorGeorge Neidig allowedFineberg to participate.

Attorney Michelle Donatoalso appeared, representingthe Beach TheatreFoundation. The BTF leasedthe Beach Theatre for 18months, but Frank Theatersoperated the cinema before itwas closed after the 2009 sea-son. Donato rebuttedNehmad’s statement that hedisagreed with Monzo’s inter-pretation of the PEA.

“This area is exempted

Please see Hours, page A2

Three and a halfhour meeting leadsnowhere on theater

Christopher South/Cape May Star and Wave

Is this is, or is this ain’t your baby?According Senior Lifeguard Bob Cwik, the time-tested most successful way to find parents of a lostchild is to hold the child up from the stand and blow the whistle. In this case, from Saturday, July 24,the results were nearly immediate as the older brother (with left hand raised) showed up and said,“That belongs to me.” See more beach photos on page A12.

By CHRISTOPHER SOUTHCape May Star and Wave

CAPE MAY – Mickey Chew,who just opened Big WaveBurritos this summer, experi-enced a setback that is, forthe time being, keeping himfrom minding the store.

Chew, 27, has last week wasdiagnosed with a physicalmalady that has kept himfrom working at his fledglingTexas Avenue business.There has been talk offundraising activity, butaccording to relatives, thebest way to help Chew out isto go down and buy a burrito.

A sign posted on the countersays it is very difficult to starta business from the groundup and carry health insur-ance, which is apparently the

case for Chew. Communitymembers and friends havebeen reaching out to see whatthey can do, but again, thefamily indicated helping tokeep the business going is thebest kind of support Mickeycan use at the moment.

Micah Yerk, who is helpingto operate the business whileChew is incapacitated,echoed the family’s senti-ments.

Big Wave Burritos is locat-ed on Texas Avenue next tothe Wawa and across fromthe C-View Inn.

Buy a burrito for Mickey

By CHRISTOPHER SOUTHCape May Star and Wave

CAPE MAY – There is anold saying that says the onlystupid question is the one thatisn’t asked. It doesn’t alwaysseem like that, however,when you are on the receiv-ing end.

Some people who work out-side on Beach Avenue saidmost commonly people ask

for directions or change forthe meters. However, some-times while standing on thenorth side of Beach Avenuethey ask for directions to thebeach, which is on the otherside of Beach Avenue. Theobvious problem is they can’tsee the ocean over the duneline. Still, there are othervisual clues they are near thebeach.

Regarding the meters, some

people will ask, “Do we reallyhave to feed the meters?”

“Either that or pay a $32ticket,” one person respond-ed.

Other people ask if peoplehave to feed the meters onSunday, as if it’s a day of restfor the devices. What theydon’t realize is that when theSunday blue laws disap

Please see Only, page A3

The only stupid question

By CHRISTOPHERSOUTH

Cape May Star and Wave

CAPE MAY – When CityManager Bruce MacLeodbegan working on a timelinefor the new Convention Hallproject, he started at theend.

On Tuesday, MacLeodsaid he started his timelinewith the notion of having thenew Convention Hall openfor business for MemorialDay 2012, and worked back-wards allowing appropriatetime periods required foreach point on the timeline.MacLeod determined con-struction on the facilityshould be completed byMay 1, 2012, meaning con-struction should begin nolater than May 1, 2011. Thatgives the city about 10months to get the shovels inthe ground on a project thatfits into the available fund-ing – $10.5 million.

According to the timeline,city council (with publicinput) has approximatelysix weeks to decide how bigthe building should be, theinterior layout, the exteriordesign, what programequipment they need,improvements to thePromenade, the green fea-tures (geothermal, solar,wind power) they would liketo include, and thebudget/cost of the above.

“The building size will setthe tone for the other dis-cussions,” MacLeod said.

According to MacLeod,the available options arewhether to construct on the

identical footprint or go alittle wider, or to include theSolarium as part of the proj-ect. Architect MartinKimmel said balconiesextend out eight or nine feetfrom the existing east andwest walls, and that areacould be considered as areafor the existing structure.He said the building couldbe expanded as much as 14feet on its east side.

Deputy Mayor JackWichterman said he favoredbuilding a two-story struc-ture on the existing foot-print and not demolishingthe Solarium. Council mem-bers Bill Murray andDeanna Fiocca agreed withWichterman’s recommen-dation. Councilwoman TerriSwain was out of town andcould not attend the meet-ing.

Mayor Edward J.Mahaney Jr. said hebelieved council shouldstart by looking at buildingon the same footprint andnot worry about a secondfloor until they had a con-cept of the cost.

“Beyond that, whateverfeatures you can put in willallow you to have as muchfunctionality as possible,”he said.

Mahaney said it wasimportant to have revenue-producing features in thestructure.

“If there is no versatility itwill not contribute to thedebt service and will put theentire load on the taxpay-er,” he said.

Murray said one of thefirst things to decide would

be the purpose of the newConvention Hall – which headded has always been amisnomer.

The last item on an agendaprepared for Tuesday’s dis-cussion called for a projectteam to be formed consist-ing of the city manager, twomembers of council, theconstruction official, archi-tect and engineers, con-struction management(clerk of the works) andother council appointees.Murray said he would liketo see the mayor and deputymayor serve on the projectteam, adding that he did nothave the time. Fiocca alsoindicated her schedule wastoo busy. Murray warnedagainst making the commit-tee too large to function. Healso urged the city to pub-lish the minutes of all theproject team meetings.

“We should let the publicknow this is where we camefrom, this is where we are,and this is where we aregoing,” he said.

Kimmel advised city coun-cil the most accurate esti-mate of the cost of the proj-ect was the bids theyalready have. MacLeod saidall the items presented inprevious designs were stillon the table until they areeliminated by future costs.

“The same footprint is thestarting point. This movesforward by cost, or whatCAFRA permits, to see whatwe can afford,” he said.

MacLeod said the totalamount available for the

Please see Time, page A2

New timeline for ConventionHall goes to Memorial Day 2012

Cape Ma WaveStar156th YEAR NO. 30 CAPE MAY, N.J. 50¢SERVING AMERICA’S NATIONAL HISTORIC LANDMARK CITY

SPORTSCape Storm Rugbyfinishes strong , B1

McKeefrey, PersonalTrainor, B1

Fishing report: Lookingback for the new, B2

CAPE MAYCommunity Events, A4

Beating the heat, A12

INSIDE

7/29 10:52 11:01 4:35 4:40

7/30 11:27 11:36 5:06 5:19

7/31 12:04 5:38 6:01

8/1 12:12 12:44 6:12 6:49

8/2 12:53 1:30 6:51 7:44

8/3 1:41 2:23 7:37 8:47

8/4 2:40 3:25 8:32 9:53

Last Quarter 8/3 New Moon 8/91st Quarter 8/16Full Moon 8/24Apogee 8/10Perigee 8/25

JULY /AUGUST 2010T IDE TABLE

HIGH LOWam pm am pm

THURSDAY, July 29, 2010

Mickey and Kate Chew