Zoning board approves lot-coverage relief for Prospect Terrace pool but denies side-yard waiver

The Montclair Zoning Board on June 3 approved a variance allowing the homeowners at 15 Prospect Terrace to increase lot impervious coverage to accommodate a proposed 14-by-28-foot in-ground pool and patio, subject to stormwater-management conditions and township-engineer sign-off. The board denied a separate request to permit a side-yard setback of roughly 8.1 feet for an associated hot tub where a 10-foot side-yard is required.

Homeowner Alex Fuches told the board the family of five seeks a modest backyard pool; landscape contractor Jeff Hustler described a small pool footprint and screening plantings. Fuches said they currently exceed the ordinance's impervious coverage limit and are seeking relief to add the pool without removing the historical carriage house and driveway that constrain layout. He also agreed during public questioning to have the property's sewer utility located and marked and not to interfere with any existing sewer infrastructure.

A neighbor, Courtney Conway, asked about potential conflicts with a historic sewer line running through the backyard and requested assurance that stormwater and the sewer would not be disturbed. The applicant stipulated to mark the sewer location and accept engineering review. Board members conditioned approval on the applicant installing stormwater-management measures to mitigate additional impervious area to the satisfaction of the township engineer, complying with all applicable inspection and escrow-fee provisions, and honoring verbal commitments made at the hearing.

On the setback request for the hot tub, several board members said it appeared possible to relocate stairs or revise details so the hot tub could meet the 10-foot setback and that the applicant had not shown sufficient hardship to justify the encroachment. The motion that passed approved the lot-coverage variance with the listed conditions and denied the side-yard setback variance.

The board recorded votes in favor of the conditional approval of lot coverage and in favor of denying the side-yard waiver; conditions require the applicant to satisfy stormwater-management requirements and to coordinate final details with the township engineer before permits are issued.