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Board conditions Whitaker swim‑spa: remove screen, relocate spa, and obtain permits
Summary
The Board of Adjustment required the owner of 168 Washington Street to remove a 12‑ft enclosing structure around an unpermitted swim‑spa and to relocate the spa to meet setback and coverage rules (or otherwise come into code) before it can be used; the board also required removal of artificial turf, an as‑built survey, electrical permits and a stormwater plan, and set timeline expectations.
The Berkeley Heights Board of Adjustment voted Jan. 22 to conditionally resolve a long hearing over an installed, unpermitted swim‑spa at 168 Washington Street, directing the owner to remove an enclosing structure and either relocate the spa to meet setbacks or obtain necessary permits and as‑built documentation. The board voted unanimously, 7–0, on a motion that memorializes those conditions.
The applicant, Taylor Whitaker, told the board she had purchased and installed a lap‑length swim‑spa in 2023 and did not realize a permit was required. The zoning officer and board members noted multiple issues: the spa sits several feet inside the required setback, additional uncounted impervious materials (AstroTurf, stone/pavers) had increased lot coverage, and there was a 12‑foot‑high curtain/structure around the spa visible to neighbors.
Neighbor Phyllis Mealey told the board, “I could see it from any room in my house. Even if I'm in bed, I see this big thing,” citing the structure’s height and lights as an eyesore. The board concluded removal of the enclosing structure would address most immediate neighbor concerns; Ms. Wolfe stated a clear condition: the structure must be removed “ASAP, but no later than April 1st.”
The board set practical compliance steps: remove the 12‑ft enclosing structure immediately (by April 1 at the latest), remove AstroTurf behind the garage, obtain required electrical and building permits for the spa, submit an as‑built survey verifying a compliant location (5 ft/5 ft setbacks were discussed as a compliant target), and provide a stormwater management plan for review by the township engineer. The board agreed that the spa may not be used until it is relocated or verified in compliance and the electrical work is permitted and inspected.
Why it matters: The case illustrates how modern backyard accessories (lap swim spas, enclosures, artificial turf) can trigger multiple zoning, drainage and safety reviews when installed without permits, and it highlights neighbor privacy and drainage concerns.
What happens next: The board will memorialize the resolution and the zoning officer will monitor compliance. If the owner cannot meet the conditions within the timeline, she will need to return to the board.
