Politics & Government

Township Council Opposes In-Ground Pool Requests

Lower Saucon Township Council members cited stormwater runoff concerns in voting to oppose two requests for variances by residents who want to install in-ground pools.

On Sept. 5, Lower Saucon Township Council members cited serious stormwater runoff concerns in voting to oppose two separate variance requests by residents who want to install in-ground pools on their properties.

Residents James and Kelly Sunday, of 2014 Majestic Overlook Drive, and David and Sharon Kuhns, of 1443 Greenwood Court, appeared before council in advance of their scheduled hearings before the township's Zoning Hearing Board.

The Sundays' proposed pool--if built as designed--would exceed the maximum allowable amount of impervious surface coverage on their lot by 4.6 percent, council learned.

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Examples of impervious surfaces include non-porous surfaces such as buildings, driveways, patios and permanent pool structures.

Impervious surface is measured and limited by ordinance because it has the potential to increase the amount of stormwater runoff, which can affect flooding.

Find out what's happening in Hellertown-Lower Sauconwith free, real-time updates from Patch.

James Sunday told council that he and his wife have lived in their home for 12 years and always wanted to have an in-ground pool, which he said many of their neighbors already have.

"If we wanted to move in order to have a pool it would be difficult, because the housing market is upside down," he said.

Council president Glenn Kern and vice president Tom Maxfield, however, said they were concerned by the amount of impervious surface the Sundays' proposed 16-by-32-foot pool and large deck would add to their lot.

"We do want you to enjoy living here. We want you to enjoy your property, but we have to consider everybody that’s down slope from you too," Maxfield said.

He said council has not approved in-ground pool requests in the Sundays' neighborhood in the past few years, in light of a history of drainage problems in the area.

Kern said that if the Sundays would be willing to consider a more modestly-sized pool, they could go back to the drawing board and withdraw their current variance application from consideration.

"I think really the only options would be to reduce the size of the pool or to reduce the size of the other impervious coverage," Kern said.

Maxfield said that if the amount of impervious coverage could be reduced to an overage in the one percent range, he would be "content." 

Councilman David Willard said his preference would be for council to take no action, which is equivalent to adopting a neutral standpoint, but said he would like to see a "revised proposal" from the Sundays.

James Sunday seemed reluctant to accept the idea of designing a smaller pool, but said he would consider withdrawing their current application, which is scheduled to be heard by the township's zoning hearing board Sept. 17.

Council's vote to oppose the variance application unless the Sundays withdraw it was 2-1, with Kern and Maxfield in the majority.

The same quorum voted to oppose a similar variance application by David and Sharon Kuhns, of Greenwood Court.

The Kuhns' came before council requesting that an approximately 14,000 wooded area on their lot be included in the calculation that determines their maximum allowable amount of impervious surface coverage.

However, township planner Judy Stern-Goldstein, of Boucher and James, explained that doing so is not possible under the current zoning ordinance.

“It’s not that it’s not part of their land," she said of the wooded area. "It’s just that it’s not part of their buildable site area.”

The Kuhns' also planned to install a 16-by-32-foot pool on their property, which would increase their amount of impervious surface to 5.2 percent above their allowable limit.

"They're even more over (the limit)...than the previous applicant," Kern said.

He cited "consistency" in recommending that council vote to oppose the variance request based on what was characterized as an "excessive...impervious overage."

Council members Priscilla deLeon and Ron Horiszny were absent from the meeting.

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