Chair Brian Major read a memo from Town Planner Kevin Anderson into the record after the applicant's presentation. The memo said the pool was largely constructed inside the side-yard setback, that relocating it would be significant, and that a lot-line adjustment could be possible but time consuming. Major read that the planner "recommended the variance option" while also describing the difficulties of multi-step lot-line adjustments and the practical time horizon ("could take up to a year").
Board members discussed whether the building department had issued multiple warnings requiring a certified plot plan before pool installation. The applicant's counsel said his client did not receive those warnings and learned of the issue on June 19 when an inspector advised a survey; the board questioned timing of inspections and permit compliance. Members used that exchange to weigh whether the variance criteria were satisfied and whether administrative remedies had been followed.
The memo and the differing accounts of whether warnings were received factored into the board's judgment that the required variance findings had not been met.