Harvey Cedars Land Use Board approves elevator variance at 16 E. Cape May Ave., requires clear 2.17-foot sightline

The Harvey Cedars Land Use Board on Sept. 19 approved a variance to permit an elevator shaft to encroach into the westerly setback at 16 E. Cape May Avenue, with the condition that the 2.17-foot strip between the shaft and a neighboring 15-foot easement be kept clear of vegetation.

Douglas Miller, an architect with AHM Architects representing the applicant, told the board the homeowners live in a “reverse living” house with primary living spaces above ground and seek the elevator so they can age in place. Miller said the proposed enclosure would encroach 5.83 feet into the required 8-foot setback; he noted the 15-foot deeded easement to the west would not be affected and that a pre-existing air-conditioning condenser already encroaches about 4.5 feet into the setback and has been in place for more than 40 years. “This elevator is a necessity, not a luxury,” Miller said.

Matthew Gindele of Singley, Gindele & Rinaldi, representing neighbor Amy Schmucker of 14 E. Cape May Avenue, said Schmucker’s property is landlocked and accessed only via the 15-foot easement along the applicant’s west property line. Gindele said the elevator shaft would sit roughly 2 feet from the easement and could make backing into the lot difficult and reduce visual access. Schmucker questioned whether the elevator could be sited elsewhere on the lot to avoid a negative visual and safety impact while accessing her property.

During the public-comment period, Hillary Fiorella said elevators are increasingly necessary in Harvey Cedars’ reverse-living homes and urged the board to be “consistent and compassionate” when considering such applications. Robert Wilding and Steven McDonald, both longtime borough residents with similar property layouts, also spoke in support of allowing elevators so homeowners can remain in place as they age.

Board members discussed whether removing vegetation or keeping the narrow area between the shaft and the easement clear would address Schmucker’s sight-line concerns. Richard Warren said the easement appeared adequate for ingress and egress; several members suggested a condition to maintain a clear 2.17-foot strip adjacent to the easement. Commissioner Joseph Gieger moved to approve the application with that condition; Mindy Berman seconded. The motion passed unanimously: John Tilton, Commissioner Joseph Gieger, Kathy Sheplin, Mindy Berman, Richard Warren, Thomas Griffith and Alcides Andril all voted yes.

The board also approved the minutes of its May 16, 2024 meeting before adjourning at 8:07 p.m. The approval of the variance is a land-use approval that runs with the property; the condition requires the vegetation buffer adjacent to the easement be kept clear to preserve sight lines for the neighboring landlocked property.