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Highlands board approves variance for in-ground pool at 26 Seadrift Avenue with conditions
Summary
The Highlands Land Use Board approved a bulk-variance application allowing an 8-by-16-foot in-ground pool at 26 Seadrift Avenue, granting six variances and one design waiver with conditions including a neighbor access agreement, DEP flood-hazard permit and final deed documentation.
The Highlands Land Use Board voted to approve a bulk-variance application that will allow the DUNN family to install an 8-by-16-foot in-ground swimming pool and permeable paver patio at 26 Seadrift Avenue.
Board professionals said the application seeks six variances and a design waiver tied to setback and lot-coverage limits. "They are increasing the lot coverage from 57.2, to 84.5 where they're required at 75," the board planner said, and the applicant is requesting a pool setback of 3 feet from the side and 4 feet from the rear where 6 feet is required.
The board accepted testimony from the applicant’s engineer, who described stormwater measures including permeable pavers, an underdrain and a stone trench with a 4-inch perforated PVC to capture runoff. The planner noted the property lies within the AE flood-hazard zone and said a DEP flood-hazard permit (a permit-by-registration) will likely be required.
The board’s attorney summarized the legal standard and recommended conditions before the vote, telling members the application included five preexisting nonconformities and one variance driven by the proposed improvements and that approval should be conditioned on three items: a recorded deed or equivalent showing no encumbrances, submission of any required DEP flood-hazard certification, and a written agreement (right-of-entry or temporary construction easement) with the neighbor to permit equipment access during construction.
A member moved to approve the application with those stipulations; a second was recorded and the motion passed on a roll-call vote. The board noted the applicant must submit the required deed and permitting documentation for final sign-off.
The approval resolves the immediate permit hurdle for the pool subject to the listed conditions; the applicant was advised that failure to produce the required deed or permits could require returning to the board.
