Bolton ZBA grants 12-foot variance to retain above-ground pool at 11 Enrico Road

The Bolton Zoning Board of Appeals voted 4–1 on June 14 to grant a 12-foot rear-yard variance allowing an above-ground pool and integrated deck at 11 Enrico Road.

The vote followed a public hearing on Application ZBA-22-2, in which Daniel Johnston of Ambassador Pool Distributors, representing homeowner Tonya LaPlante, described the property's odd shape and steep topography as reasons there is no practical alternative location for the pool. The board also heard that the pool was installed in August 2021 without a clearly documented permit.

Board members said the decision must be made as if the pool had not yet been installed. Tonya LaPlante told the board that the Eastern Highlands Health District had raised concerns about the pool's proximity to the septic system and leach field, saying, "The pool must be ten feet away from the septic tank and the leach field." Chairman Mark Altermatt noted that the septic field appears to have been drawn onto a 2001 survey later and that the drawing lacks an official stamp; the applicant did not provide the source or credentials for that addition during the hearing.

Members debated whether to delay a vote pending formal comment from the Eastern Highlands Health District. Mary Terhune said she wanted to "hear what the Eastern Highlands Health District says" before deciding. Other members observed that the Health District might still have authority to raise objections even if the board approved a zoning variance.

Member Morris Silverstein objected to granting the variance, saying the pool was installed without prior approval and that "the business has not come to the board with clean hands," arguing the structure should be removed. Several other members cited case law and the site's constraints in favor of approval. William Anderson moved to grant a 12-foot variance from the rear-yard offset, citing the septic location, topography and the lot's geometry; William Pike seconded. The motion carried 4–1–0, with Silverstein voting no.

The board record notes that adjacent neighbors were notified by certified mail and that no objections were received. Board members said the applicant would follow up on questions about who drew the septic field on the plat and that the Eastern Highlands Health District's review remained relevant to any final sanitary approvals.

In other business, the board approved the March 8, 2022 meeting minutes (motion passed 4–0–1; William Anderson abstained) and adjourned at 8:14 p.m.

Next steps: the board's variance decision is recorded in the minutes; any permitting or sanitary approvals required by the Eastern Highlands Health District remain separate processes the applicant must satisfy.