Hollis zoning board denies variance to keep Farris family pool after construction error

The Hollis Zoning Board of Adjustment on Aug. 26 denied Case 2026007, an application by Michael and Kelly Farris seeking a variance to keep an in-ground pool constructed inside a 15-foot side-yard setback at 12 Lynn Drive.

Applicant counsel Carl Tanayan told the board the family had obtained a building permit (issued Nov. 19, 2025), relocated an existing leach field ("My clients spent $25,000 in relocating that leachie field to accommodate the sighting of the pool."), and believed the contractor had installed the pool in the permitted location until a June 19 inspection revealed the encroachment. Tanayan argued the lot's unusual shape and the septic layout created practical hardship that made removing or relocating the substantial, partially completed pool unduly burdensome.

Board members pressed on process and alternatives. Several members noted the permit package included a plot plan and that the pool could have been constructed in compliance with the approved plan. Chair Brian Major said he could not "in good conscience vote for variance here," characterizing the situation as a self-produced problem driven by contractor error. Other members cited options such as suing the contractor, filing for an equitable waiver, or pursuing a multi-step lot-line adjustment through the homeowners association.

After deliberation and votes on the variance criteria and formal factual findings, the board concluded the required findings for a variance were not met and the application failed. The board adopted findings that the hardship was produced by "the inattentiveness and errors of the applicant's contractor," that the pool was not constructed in accordance with the building permit, and that the applicant had not exhausted other options that could negate the need for a variance.

The board closed the case and recorded the decision; the applicant was advised of rehearing and appeal options available under the town's procedural rules.