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Pool replacement permit runs into wetlands/permitting wrinkle; ZBA keeps public hearing open
Summary
A homeowner who replaced an old pool explained the new pool and a small cabana occupy the same footprint; the Planning Board asked the ZBA to hold action until the Planning Board can review wetlands buffer impacts. The ZBA kept the public hearing open and asked the applicant and staff to clarify the town/DEC wetlands approvals before closing.
A homeowner (identified in the transcript by first name JJ) told the ZBA on July 16 that he purchased a property with a failing pool and replaced it under a building permit; the new pool used nearly the same footprint as the old one. The homeowner also constructed a small three‑walled cabana at the equipment end of the pool.
The Planning Board, in a referral letter, informed the ZBA that the application appears to require planning board site plan review and a local wetlands permit because the pool and cabana are within the town’s wetlands buffer. The applicant said he had been working with the NYS Department of Environmental Conservation (DEC) and that a modified DEC delineation/permit had been submitted recently; he asked the board to proceed.
Board members disagreed about sequencing. Several ZBA members said they would prefer to render a variance decision now and include a condition that the applicant obtain any necessary planning board wetlands approvals; planning counsel and the planning board referral suggested holding the ZBA action until the planning board can complete its review. After discussion the ZBA voted to keep the public hearing open until Aug. 20 and to consult with planning staff and the planning board so the two reviews can be coordinated.
Next steps: the board asked planning staff to confirm the status of the DEC delineation and any required town wetlands permits, and the applicant to provide recent DEC materials. The public hearing will remain open to allow the planning board to comment and for the ZBA to consider the planning board’s findings before a final variance decision.
