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ZBA approves fiberglass pool at 79 Burrard Road North, citing neighborhood support; vote 5–1
Summary
The board granted area variances to permit a prefabricated fiberglass pool to be installed within the rear and side setbacks at 79 Burrard Road North. The decision passed 5–1 after the homeowner presented neighborhood letters and petitions in support.
The New Rochelle Zoning Board of Appeals granted variances to allow installation of a prefabricated fiberglass swimming pool and associated fencing and screening at 79 Burrard Road North, approving the request on a 5–1 vote.
Homeowner David Noel told the board he had collected about 24 signatures from neighbors and delivered letters of support to the building department in advance of the hearing. "I was able to get approximately 24 signatures from, all my neighbors," Noel said. He said two adjacent properties submitted letters supporting the project.
Noel asked for two setback variances to locate the pool: a rear-yard setback of 15 feet where 20 feet is required, and a side-yard setback of 15 feet where 20 feet is required. He told the board the pool is a prefabricated fiberglass product available in set sizes; the size that suits his site and family is 35 feet long and cannot readily be shortened by the manufacturer. He also described a three-foot retaining wall and proposed evergreen screening and required safety fencing.
A board member noted the applicant had submitted multiple letters of neighborhood support and said the pool would be screened from most public view. While one board member voted no, the motion carried with five yes votes.
The board made findings under the standard balancing test for area variances, citing neighborhood support, screening and fencing, and lack of anticipated adverse drainage or environmental impacts. The approval requires the owner to obtain the usual building-department permits and comply with fencing and safety requirements.
