WILDWOOD CREST – Recently, in Spout Off and through other inquiries, Herald readers have asked about what will happen with a shed that popped up before last summer in the front yard of a local residence.
The homeowner and the borough have agreed on a resolution to move the shed, which is used by the homeowner as a pottery studio, to the home’s backyard. There, it will continue to serve the same function.
The shed, in the 200 block of East Columbine Road, in Wildwood Crest, was called an eyesore by neighbors who demanded an investigation by the borough into how the shed was allowed there in the first place.
At a Wildwood Crest Board of Commissioners meeting in July 2022, neighbors told commissioners they felt the shed was an overt and flagrant abuse of borough zoning. They pointed to a website affiliated with pottery operation, which mentioned classes, though it didn’t specify where the classes would be held.
Commissioners told the concerned neighbors then that they were aware of the issue and asked for patience as they worked through it.
The property owners, Allen E. Hirschmann and his wife, Susan Fox Hirschmann, appeared before the Wildwood Crest Planning Board in March to present the proposal to replace and relocate the shed.
The 12 foot by 20 foot, prefabricated, one-story structure received a zoning permit from the borough in December 2021 and a construction permit in May 2022, allowing for it to be placed in the front yard; however, the borough later informed the Hirschmanns, after residents complained about it, that those permits were issued in error and the shed would need to be removed or relocated.
At the March meeting, Alan I. Gould, a lawyer for the Hirschmanns, said a resolution had been negotiated with the borough to remove the shed from the front yard and replace it with a new one in the backyard. It came before the Planning Board for site plan approval, requiring a variance for a home occupation because of the pottery studio. There is no retail shop for the artwork or group classes offered on-site.
Robert T. Belasco, the attorney for the Planning Board, said in an interview that it was the pottery operation that required the proposal to come before the board and that otherwise the structure complied with local ordinances.
“The reason why it required site planning and conditional use approval was because the use of that accessory shed was a home occupation, which is permitted in the borough’s ordinance, but there are conditions that you would have to meet in order to have the home occupation approved,” Belasco explained. “The homeowner provided testimony relative to the home occupation conditions. (Susan Fox Hirschmann) basically confirmed that she met and/or complied with all of those applicable conditions. And assuming you meet those conditions – which the board did find – you’re entitled to the conditional use approval.”
When reached by a reporter, Gould said he could not comment on the shed, or the terms of any settlement reached between his client and the borough.
The borough has agreed to pay some of the Hirschmanns’ legal fees or other costs associated with replacing and relocating the structure as part of the resolution after they mistakenly issued the permits, allowing it to show up on the front lawn in the first place.
Don Cabrera, the borough’s mayor and a member of the Planning Board, told the Herald the borough will pay the Hirschmanns $25,000, covering some but not all their costs, as part of the settlement and will take the shed that exists in the front yard. The Hirschmanns will purchase a new shed for their backyard. The borough will also restore their front yard landscaping.
He said there is some ambiguity in the part of the land use ordinance that covers sheds and “as a result, a misinterpretation was made” when issuing the permits. They will look to clean that up in the future, he said, adding the Planning Board has formed a subcommittee to review the section.
Cabrera did say that, technically, the borough could have taken the position there was nothing illegal about the shed and the permits were issued in compliance with the land use regulations, but instead felt it better to seek middle ground between the Hirschmanns and objectors.
“In the end, we feel a comfortable and amicable solution for all was found,” said Cabrera.
Allen Hirschmann did not respond to an email from a reporter sent to the email account listed on the planning application.
According to testimony from the applicant, the new shed meets the required setbacks and does not exceed the maximum lot coverage allowed by ordinance.
Under the rules for a home occupation, there must never be more than two clients on the property at one time, and all client visits must be by appointment only. Susan Fox Hirschmann testified she would comply with that and all other conditions of a home occupation.
The shed is insulated and contains an electric kiln, which Susan Fox Hirschmann testified is safe.
At the March meeting, four Columbine Road neighbors testified during the public comment portion, expressing safety concerns with the kiln and worries of the impact the home business would have on parking and traffic in the neighborhood.
The board approved the proposal to relocate the shed and allow the Hirschmanns to continue to use it as a pottery studio in a 6-0 vote.
Contact the author, Shay Roddy, at sroddy@cmcherald.com or 609-886-8600, ext. 142.
