Zoning board grants variance for in‑ground pool at 96 K Street after neighbors raise drainage concerns

Newport Zoning Board · December 24, 2024

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Summary

The board approved a lot‑coverage variance to allow a fiberglass in‑ground pool at 96 K Street, finding the property is substandard and that the applicant’s plan (French drains, pervious pavers and removing paved driveways) will mitigate runoff; neighbors asked for enforceable conditions on drainage and noise.

The Newport Zoning Board voted 5–0 on Dec. 23 to grant Michael and Laurie Landergan a lot‑coverage variance and special‑use permit (category 6) to install a fiberglass in‑ground pool at 96 K Street.

The Landergans said the project will remove several paved parking spaces and replace them with lawn, install a fiberglass pool with a cartridge filtration system and use saltwater chemistry; they said the pool will not require full winter drainage like older concrete pools and that they will add a French drain and pervious pavers so runoff stays on site. Planner/expert James Houle testified the lot (≈8,500 sq. ft.) is substandard, the requested increase from 24.82% to 29.76% is modest compared with the neighborhood average (~30.9% within 200 feet), and that proposed mitigation should limit stormwater impacts.

Neighbors spoke at length about past flooding attributed to a nearby older concrete pool and expressed worry that pool water or backwash could reach storm drains and local basements. Several asked the board to record enforceable conditions regarding drainage, limits on noisy late‑night activity and confirmation that municipal procedures would be followed when any pool water must be discharged. The applicant agreed to a French drain and said the planned fiberglass pool will largely remain full year‑round (requiring minimal seasonal drainage).

After deliberation the board concluded the lot‑coverage request met the zoning hardship criteria (substandard lot and minimal request), noted the applicant’s mitigation measures (removal of paved driveways and installation of pervious surfaces) and approved the petition with standard commencement/completion conditions and recording requirements.