Caldwell zoning board denies variance for pool at 12 Cedars Road

The Caldwell Zoning Board of Adjustment on May 6 denied an application by Russell and Susan Nichols to install an in-ground pool and small patio at 12 Cedars Road after board members raised concerns about neighbor impacts and setbacks.

Russell Nichols, the applicant and property owner, told the board he and his wife have lived in Caldwell for 30 years and want a small pool (9 ft by 22.7 ft, 5 ft deep) to use with family. The couple requested two bulk variances: a rear-yard setback (10 ft required, 5.4 ft existing) and a side-yard relief tied to a 7.7 ft clearance from the side property line. The lot measures about 9,300 square feet in the RA zone, short of the 10,500-square-foot minimum for the district.

Nichols and his landscape designer, Jeff Hostler, described measures they said would limit impacts. Hostler said the design includes two cold-tech chambers and a seepage tank to capture and temporarily hold stormwater; the system was sized for approximately 172 cubic feet of storage versus the 120 cubic feet the designer said is required. Nichols said pool equipment would be placed near the house, that a horizontal 5-foot cedarwood fence is proposed to screen equipment, and that he already obtained a borough permit for prior tree removals and does not plan further clearing.

Board members pressed the applicants on stormwater, equipment placement and noise mitigation. Ms. Tierney asked questions about pool depth, tree removals and compliance with items in the engineering review letter; Nichols answered that the pool would be 5 feet deep, no additional trees would be removed and he did not foresee compliance problems.

During deliberations, members noted the property’s small rear yard, the pool’s closeness to property lines on two sides, and the prospect that future owners might be less considerate of neighbors. Mr. Porcello said he believed the adjacent neighbor supports the project and emphasized distance between houses; other members remained unconvinced that potential noise and neighborhood impacts were sufficiently mitigated.

Mr. Tucci moved to approve Application Z26-002 for variance relief; the motion was seconded by Mr. Tober. The roll call vote was: Mr. Tober — no; Ms. Marinucci — no; Ms. Corliss — no; Mr. Porcello — yes; Mr. Tucci — yes. The motion failed 3–2 and the application was denied. The board adjourned at 7:28 PM.

The denial leaves the applicants without the requested setback relief. The minutes note the board’s discussion but record no follow-up conditions or directions to staff to reopen or revise the application during the same meeting.