01:32:53The applicants, Jason and Cinda Clei, sought to challenge the HPC’s denial of their proposal to install a pool on their property on Hugh Street. This denial was rooted in the historic district’s design standards, which classify pools as intrusive features not to be visible from the street. The applicants’ representatives argued that the HPC’s decision was arbitrary, emphasizing that the planning board had previously approved the site plan with the condition that the HPC needed to confirm the gating and fencing plans. The application for a pool had been a point of contention, with the applicants maintaining that the initial intentions for their property were misinterpreted.

01:53:31The discussion revolved around whether the HPC acted within its authority and if their decision was “arbitrary, capricious, unreasonable, or contrary to law.” A participant in the meeting, speaking virtually, elaborated on the HPC’s review process, explaining that pools fall outside the scope of standard applications due to their potential impact on the historic integrity of an area. They pointed out that the placement of the pool was never fully vetted by the HPC before the denial, a point of procedural concern for the applicants. Despite these arguments, the zoning board acknowledged the HPC’s role in upholding the historic character of Cape May, emphasizing the necessity of their authority in the district.

The HPC’s decision was defended as aligned with the city’s zoning codes and historic preservation standards, which aim to maintain the visual appeal and historical significance of the area. The board’s deliberations included an emphasis on the HPC’s authority to deny applications that might compromise the historic character of the district, reiterating the importance of adhering to established guidelines. The zoning board concluded that the HPC did not act unreasonably, supporting their decision to deny the pool installation based on the historic district regulations.

05:04In addition to the appeal, the zoning board also reviewed an application for variances related to a property on New York Avenue. The applicants, Matthew and Cara Crane, sought relief from zoning requirements to expand their semi-detached duplex dwelling, which is a non-conforming structure in the R2 Low-Medium Density Residential District where only single-family homes are permitted. The application involved the installation of permeable paver patios and an underground stormwater retention system to address runoff issues. The board examined the implications of increased lot coverage and parking deficiencies, ultimately approving the variances with conditions to ensure compliance with stormwater management and lot coverage standards.

25:49Expert testimony was provided by Paul Kates, a professional engineer, who assured the board that the proposed stormwater management system would effectively mitigate runoff and alleviate concerns about increased lot coverage.

48:25The board also deliberated on an application for renovations to a property with a unique historical background, previously functioning as a gas station. The proposal involved modifications to existing structures, requiring variances for non-conforming uses and setbacks.