Town of Bolton
Development Review Board
Notice of Decision
This matter came before the Development Review Board (DRB) on the application of Ada Breen of 40 Boulder Wood Lane (applicant/landowner) for a variance from Bolton Zoning Ordinance Section 3, subsection D, Dimensional Requirement. Applicant requests a variance for construction of a twenty-seven (27) foot above ground swimming pool to within four and one half (4 & ½) feet of the westerly property.
The DRB conducted a duly warned hearing on September 18, 2002. Present at this hearing were applicant Ada Breen, and abutting neighbor, Harvey Lawrence. Based upon the testimony provided at this hearing and submission of documents for this application, the DRB finds, concludes, and decides as follows:
1. Zoning by-laws require a minimum side yard of thirty-five (35) feet.
2. Proposed side yard being four and a half (4 & ½) feet.
3. The placement of the swimming pool is restricted to this area of the lot due to large rocks under the surface.
4. Other areas of the yard are developed with the water and septic system.
5. The pool is above ground and could move in the future.
6. Neighbors were unopposed and submitted letters of support.
7. Access to neighbor’s rear lot will be maintained.
8. The proposed setback represents the minimum to provide relief.
Based on the testimony and evidence submitted the DRB approves this request unanimously.
Approved by the DRB on September 18, 2002 and issued on October 23, 2002.
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Members present and voting in favor: Michael Rainville, Rob Heimbuch, Greg Swan.