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Homeowner wins variance for in-ground pool; board requires stormwater, screening conditions

Bernards Township Zoning Board of Adjustment · August 7, 2025
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Summary

Bernards Township's Zoning Board approved a variance allowing homeowner Harold Miller to exceed the 20% lot coverage limit to 23.2% (about 874 sq ft) to install an 18-by-36-foot pool and a small pavilion, contingent on revised engineering plans, stormwater controls and specified screening and lighting limits.

Harold Miller, the homeowner at 11 Summit Drive, received approval from the Bernards Township Zoning Board of Adjustment to increase impervious lot coverage from the 20% maximum to 23.2% so he can install an 18-by-36-foot in-ground pool and a 14-by-14 pavilion in his backyard. Miller and his contractor, Jeff Hosler of CLC Landscape Design, told the board they reduced the paved surround to 2 feet, will use an automatic pool cover for safety, and plan an engineered stormwater system (French drains and connected roof leaders) intended to capture the entire increase in impervious area.

The board's decision came after technical review from staff and consultants cited in memos dated Aug. 1 and Aug. 4 and an Environmental Commission memo (July 28). Reviewers pressed the applicant to clarify how open decking, existing steps, and an outdoor kitchen are counted in coverage calculations and to show proposed grading, stormwater management, and planting plans. Miller said his team would revise the plans and comply with the Environmental Commission's recommendation for a 33% void ratio and other stormwater best practices.

During questioning, board members and the township engineer asked whether the proposed drainage would function in the township's clay soils and what fallback measures (a bottom-discharge pipe or detention-style detail) the applicant would use if infiltration proved inadequate. Miller and the engineers said the plans include options such as a small bottom outlet to guarantee evacuation if infiltration is insufficient. The applicant also described privacy screening of Norway spruce plantings and mostly downward-directed low-voltage landscaping lighting; the board limited uplighting to tree accent lighting while other lighting must be downward-shielded.

A motion to approve the application with the noted amendments and conditions passed on roll call. The board recorded recusals and ineligibilities where applicable; the resolution will memorialize the conditions, require the clarified plan revisions, and include the stormwater and screening stipulations required by staff and the Environmental Commission.

The applicant thanked the board for the consideration and indicated he will submit revised drawings addressing the plan clarifications requested by staff and the board.