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Hooksett ZBA grants variance for backyard pool at 63 Post Road that encroaches on wetland buffer
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Summary
The ZBA granted a variance allowing a 20-by-35-foot in-ground pool and surrounding concrete apron inside the town's 40-foot wetlands nondisturbance buffer at 63 Post Road; board members highlighted the lots slope and extensive preexisting fenced yard as factors in their decision.
The Hooksett Zoning Board of Adjustment granted a variance to allow an in-ground pool and surrounding concrete apron within the towns 40-foot wetlands nondisturbance buffer at 63 Post Road (case Z25-14).
Applicant Kenneth Day and co-owner Heidi Cook told the board the yard is heavily sloped toward a former railroad bed and a municipal trail, leaving only a narrow area of usable, developed yard immediately behind the house. They proposed a 20-by-35-foot in-ground pool sited roughly 10–12 feet from the back of the house and acknowledged the pool and apron would intrude into the buffer. Planning staff had reviewed the site and said the parcel has an established, developed backyard area that already extends into the buffer line.
Board members noted neighboring properties already include pools and that building the pool in other locations on the lot would require substantial earthwork or large retaining walls. Finding that literal enforcement of the buffer prohibition would effectively prevent reasonable use of the small, developed rear yard, the board voted to grant the variance. The motion passed on voice vote; no public opposition was recorded.
Why it matters: The decision permits a private recreational amenity inside a sensitive buffer area; the board tied approval to lot-specific constraints (slope, narrow usable yard) and to planned professional installation and drainage details that must meet town and state rules.
Key details - Applicant: Kenneth Day and Heidi Cook, 63 Post Road. - Proposal: 20 x 35-foot in-ground pool with concrete apron; applicant proposes drainage and apron measures to contain runoff. - Wetland buffer: 40-foot nondisturbance buffer sits downslope of the proposed pool; applicants said the usable developed yard sits largely inside that buffer, leaving the only practical pool location near the house. - Board action: Motion to grant variance from Article 18, section g(2)(a) (pool in wetland buffer) approved by the ZBA at the meeting (voice vote recorded as unanimous among voting members present).
Public comment and staff review No abutters formally opposed during the hearing; planning staff said the site is difficult and that an in-ground pool placed near the house is the least impactful way to locate the amenity without major grading or retaining walls. The board discussed drainage, curb/apron layout and the existing trail/wetland area behind the parcel.
What’s next The applicant must obtain any state permits for wetlands or shoreland impacts, submit final construction and drainage plans, and adhere to required erosion control measures during construction.
Ending: The ZBAs decision relied on the particular constraints of the lot and the boards determination that the proposed pool is a reasonable use of the developed rear yard that can be built with professional drainage and erosion controls.
