Pool Construction Not Getting Any Easier For Cul-De-Sac Residents

The ongoing difficulties surrounding pool construction in Bernards will not disappear any time soon due to difficulties in devising a solution.

The Board of Adjustment recommended for the third year in a row that the township consider revising their ordinance regarding pool placement in cul-de-sac neighborhoods. Pools in town generally must be behind the rear-property line of neighboring houses to keep the pools out of view, but on cul-de-sac lots, the angle of the houses makes pool placement nearly impossible under current law.

The Township Committee considered a revised ordinance on June 29, but eventually voted to table the plans indefinitely due to confusion about how to construct an acceptable exception to the rule.

Township Engineer Peter Messina showed plans of houses on the bulb of a cul-de-sac and demonstrated that in each case, a pool directly behind the house would not be allowed under the current law.

"All these pool while being right smack in the middle of the backyard are nonconforming," Messina said. The compromise, as proposed, would be to allow homeowners on cul-de-sac lots to build a pool in their rear yards regardless of the location of their neighbors' homes.

As the Township Committee reviewed the plans, they decided that the proposal allowed too much leniency for the affected homeowners. "I have a number of qualms about this because I think there are unintended consequences," Deputy Mayor John Malay said. In some cases, if the proposal were adopted, homeowners could build pools clearly visible from the front yard of their neighbors, an issue that the town would like to avoid.

"This is a good day for a swimming pool, but this is not a good ordinance," Mayor Scott Spitzer said. "I think it's flawed for a number of reasons."

The committee decided that cul-de-sac pool placement would still be best decided on a case-by-case basis through the zoning board.