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Pool contractor says mistake was honest but fixes would require heavy work
Summary
The contractor testified the pool was built in January 2025, the as-built survey showed about a 1.6–1.7-foot encroachment, and proper remediation would require draining and substantial concrete removal.
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Michael Turberville, general manager for Anthony and Sylvan Pools, told the board his crew followed typical triangulation methods but the as-built survey requested at final inspection revealed the pool's waterline about 1.6–1.7 feet into the side setback. He described construction details, weather impacts and the difficulty of altering a gunite pool once shot.
"We were kind of, 1.6, 1.7 inch feet, over the variance to with the 10 foot setback that's prescribed on the survey," Turberville said, adding that explaining the mistake was not an attempt to evade responsibility but to outline technical constraints. He described remediation: drain the pool, remove concrete and rework the shell — work that requires heavy machinery and substantial expense.
Turberville urged the board to consider the parties' good-faith efforts; other board members noted that the timing of surveys and the contractor’s practices were factors in the board’s evaluation.
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