Zoning board approves Vesuvios’ large pool with deed restriction and stormwater conditions after neighbor concerns

The Bernards Township Zoning Board of Adjustment on June 11 approved variances allowing Michael and Jaslyn Vesuvio to build a roughly 1,700-square-foot private pool, spa, pergola and associated decking at 22 Century Court, concluding the project meets the D1 use and C-type bulk variance tests when weighted against mitigation commitments.

Attorney John Sullivan, representing the applicants, told the board the property is a triangular 3.04-acre lot and that the proposed pool, deck and landscape plan respond to the site’s contours and existing improvements. "We think overall, this proposal fits very well into this yard," Sullivan said, noting the proposal reduces some patio hardscape to decking and leaves the house and buffer distances intact.

The board’s civil engineer, Richard Nusser, described a stormwater strategy that relies on dry wells, surface inlets and grading to capture and retain runoff on-site. Nusser said the plan provides two seepage pits and that the system is designed to address the effective impervious cover added by the project; final sizing and permeability testing must be approved by the township engineering department.

Neighbors pressed the board about existing drainage problems below the property and warned that additional runoff or a failing dry-well system could exacerbate flooding. "Ever since they built that house up there, we are having problems with the water," said Bob Bowen, a nearby resident who said stormwater now reaches his home’s back door. Board members acknowledged the concerns and said the town’s engineering review and the applicant’s commitment to inspect and, if necessary, upgrade existing dry wells would be required conditions.

Planner Christopher Brown framed the D1 review around site suitability, highlighting the lot’s size, wooded buffers and distance to neighboring dwellings. Brown also noted the proposed lot coverage is 18.2 percent, a modest decrease from the previously reported 18.29 percent, and said the board can find the positive criteria and the balancing tests satisfied where site-specific characteristics exist.

During deliberations several members said the project’s stormwater commitments and the reduction of some impervious surface made approval acceptable despite the pool’s size and the requested 6-foot rear setback. One member called for a deed restriction to prevent any commercial or membership use of the pool if the property changes hands; other members supported requiring the applicant to demonstrate the condition and functionality of existing dry wells.

Board member motioned to deem the application complete and to ask the board attorney to draft a resolution granting the D1 and the requested C variances (C1 for pool location; C2 for the other variances), subject to the professional reports, township engineering approval, a deed restriction and inspection/verification of prior stormwater infrastructure. The motion was seconded and approved by roll call (Krauss: yes; Ladysinski: yes; Lindemann: yes; Silver: yes; Trapp: yes; Chairwoman Baumann: yes).

The board also recorded a number of technical stipulations that the applicants agreed to: compliance with Mr. Schley’s and Mr. Quinn’s comments, limitations on backwashing (the applicants plan a cartridge filter and salt-water system), and final engineering sign-off on dry-well capacity and permeability testing. The board instructed its attorney to prepare a written resolution that includes these conditions and the deed restriction; the resolution will identify any additional engineering detail required before construction permits issue.

The board’s vote ended the hearing and the chair wished the Vesuvios well with their project. The applicant team confirmed it will work with the township engineering department and return with any revised construction details needed for permitting.