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ZBA denies proposed pool at 189 Fairview Avenue due to septic proximity to wetlands
Summary
The ZBA denied the Schechter application for a 336 sq ft swimming pool and associated IA/septic relocation because moving the IA system closer to freshwater wetlands would reduce required separation and risk degrading critical wetlands; board members said the property is not suitable for the proposed pool location despite offered mitigation.
Member (case lead) opened the Schechter application and noted the site’s pre‑existing nonconforming clearing (17,148 sq ft where 10,000 is allowed) and proximity to a town‑owned wetland. The applicant proposed a 336 sq ft swimming pool and to upgrade the sanitary system to an IA system; testimony and exhibits showed moving the IA system would reduce distance to wetlands to roughly 41 ft, significantly less than code recommendations.
Board discussion focused on whether the environmental benefit of a new IA system outweighed the harm of locating it closer to wetlands. Several members concluded it would not: permitting the pool would force a sanitary relocation closer to sensitive wetlands and could cause long‑term environmental degradation. The transcript records multiple members calling the application "egregious" or "not appropriate" for the site; Jane explicitly compared a prior, different case and found it not comparable.
The board denied the NRSP and related variances, rejecting the applicant’s scenic easement and revegetation offers as insufficient mitigation given the septic relocation and water‑recharge overlay constraints.
