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Zoning board approves pool variance at 100 Park Drive, tables two other requests to July
Summary
The Town of Berlin Zoning Board of Appeals granted a variance to allow an inground pool 15.6 feet from the rear property line at 100 Park Drive where 30 feet is required, citing topography and septic constraints; the board tabled two other variance requests until July for additional materials and notice corrections.
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The Town of Berlin Zoning Board of Appeals on June 23 approved a variance permitting an inground pool at 100 Park Drive to be located 15.6 feet from the rear property line where 30 feet is required, citing site topography and septic-reserve constraints.
The applicant, Brandon Sole, told the board the proposed location is "pretty much the only spot in the yard I could put it," saying a septic reserve area and a steep bank limit alternatives. The board said the lot’s slope and existing site conditions make relocation difficult and voted to approve the variance under the town’s zoning rules for accessory structures.
The decision closed a public hearing the board had opened earlier in the meeting. Staff made no comments at the initial hearing; during the old-business review the board again referenced the site topography when moving to accept the application. The public record shows required safety measures — including a four-foot fence — are included on the submitted plans and will be enforced through the permitting process.
The board also handled two other setbacks-related applications. William Hesbach, representing William and Sun Builders, asked for a front-yard variance at a Sawmill Drive property to permit a 26-by-24-foot attached garage 26 feet from the front property line where 40 feet is required. A staff member reported changes in grade and a potential wetlands/watercourse on the rear of that lot and noted that not all variances were properly noticed on the original filing. Staff recommended continuing the public hearing to allow the applicant time to amend plans and provide proper notice; the board tabled the application to the July 28 meeting to give the applicant time to submit amended plans and correct notice.
A third application for Rimrose Lane seeking side-yard and front-yard setback relief could not be opened because abutter notices were mailed late and requisite paperwork was incomplete; the board tabled that matter to July without opening the hearing.
With the two contested items continued, the board approved the April and May meeting minutes in separate motions and then adjourned. The next ZBA meeting was scheduled for July 28.
Votes and procedure notes: the transcript records voice votes and motions to table or approve but does not include roll-call tallies. The board earlier stated a four-vote threshold is required for variance approval; the recorded vote language indicates the motion to approve the 100 Park Drive variance passed and therefore met the stated threshold, though an explicit roll-call count is not in the record.

