Planning board approves pool, deck and fence variances at 517 Empire Way over neighbor objections

The Elk Township Planning & Zoning Board voted 6-3 on July 10 to grant bulk variances allowing an inground pool, a raised deck and a fence at 517 Empire Way, approving rear- and side-yard setbacks and increased impervious coverage requested by homeowner William Dabney.

Board Engineer Steve Bach told the board the application requires variances because the lot’s proposed impervious coverage would rise to 56.5 percent, above the township ordinance maximum of 20 percent and above the development’s originally approved per-lot design coverage. Bach cautioned the board that “this exceedance . . . would put an additional burden and tax the Stormwater Management System” and recommended mitigation including a Trex (open) deck and pervious pavers for the pool surround as conditions for approval.

Dabney, the applicant, said the project "has been a project since Covid and would be used for the kids entertainment." He agreed on the record to the conditions in the Township review letter and told the board the pool pump would not run continuously.

Nearby residents Chelsea and Matt Sharkey testified in opposition. Chelsea Sharkey, who said she lives at 515 Empire Way, told the board the pool next door would harm "the quality of life, safety and the ability to raise her two young children." The Sharkeys submitted a 12‑page packet of photos that the board marked as Exhibit P1 and described past yard water problems; Matt Sharkey said he has discussed remedies with his builder but raised concerns about an on-site gas line complicating drainage fixes.

Board members debated whether the application met the C2 variance standard — that the benefits of the deviation substantially outweigh the detriments — and whether the requested changes would overtax the development’s basin. Several board members pressed for specific mitigation: using Trex material for the deck so the ground beneath remains open, installing pervious pavers for the pool surround and obtaining a grading permit and any required inspections before construction.

The motion to grant the bulk variances (including minimum rear-yard setback where 40 feet is required and 26 feet proposed; side-yard setbacks and pool setbacks reduced to 10 feet where 25 feet are required; and increasing impervious coverage to 56.5 percent) passed 6-3. The roll-call showed Goetsch, Lucas and Nicholson voting no; Wheeler, Wolf, Peterson (Alt. 1), McKeever, Chairman Afflerbach and Richardson voting yes. The Board recorded no abstentions.

As conditions of approval, the board required compliance with the July 13 review letter items (as read into the record), the submission of a Grading Application and implementation of the mitigation measures discussed. The decision allows Dabney to proceed with required permits; any additional variances or changes would require further board action.

The board’s action resolves the application on the night of July 10; enforcement and permit review will be handled by township staff.