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Owner seeks 3.8-foot setback variance to keep pool equipment at North Cape Lane property
Summary
Applicants for 11 North Cape Lane asked the ZBA to allow pool equipment to remain 16.2 feet from the side yard line where 20 feet is required. The owner said equipment predates their 2010 purchase; planning staff noted the most recent CO is from 2002. The board left the record open until Aug. 18 for corrected notice and survey details.
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John Petriello, testifying for the applicants, said the pool equipment at 11 North Cape Lane has been in its present location since before he bought the house in 2010 and is effectively screened by fences and foliage. "It's our property line... This 3 inch 3 feet, 8 inches is, absolutely no significance," Petriello said, arguing relocation would be expensive and that neighbors could not see the equipment from their yards.
Planning staff told the board the most recent certificate of occupancy on file is from 2002 and aerial imagery shows the equipment in place since at least 2004. Staff confirmed the application requests a variance to allow pool equipment to remain 16.2 feet from the side yard lot line where 20 feet is required (a 3.8-foot variance), and that the ADU/garage amendment was submitted before a previous hearing. The board discussed notice/posting defects on the on‑site posting; because the posted card lacked required details, the board left the record open and set a follow-up date: the record will remain open until August 18 to allow corrected posting and survey information.
No vote on the variance was taken July 28; the board gave staff and the applicant guidance on correcting notice and asked for a clarified stamped survey showing the exact measured variance for final consideration.

