Zoning board approves rear-yard variance for Portsmouth homeowner’s swimming pool

The Portsmouth Zoning Board voted to grant a 20-foot rear-yard dimensional variance to allow a pool to be installed 10 feet from the rear property line at 59 For Avenue.

The applicant, John Canelli, told the board he and his wife had chosen the proposed location because an underground propane tank and an existing patio limit other placement options. "The propane tank was in the way," Canelli said while showing photos of the yard and patio. He added the chosen site places the pool farther from neighboring houses and avoids a steep, wet portion of the yard.

Board members pressed for measurements and alternatives. One member noted the lot appears "wide open" and argued the fence placement was an applicant decision that could weigh against a hardship claim. That member stated on the record, "I vote to deny the petition," citing variance criteria that require the hardship arise from the property rather than the owner’s choices. Other members, however, said the photos clarified site constraints and that the pool proposed was one of the smallest models available; several members then voted to approve the variance.

The board’s deliberation focused on two questions: whether the hardship was inherent to the lot and whether granting the variance would harm neighbors’ quality of life or set an undesirable precedent. Members referenced the applicant’s photos and survey-derived measurements (the applicant described a patio depth around 15 feet and cited a pool edge sitting about 10 feet from the line) in explaining their votes.

The board did not enumerate a roll-call tally in the transcript; the decision was announced and the chair closed the item. Applicants expressed disappointment at some comments but thanked the board after the vote.

The variance is now subject to the usual appeal period and any standard permitting or building-code approvals required before construction.