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P&Z Dives Into Pool Coverage Text Amendment

One of the unintended consequences of COVID is a rise in the number of new swimming pools. All over town, construction is underway.

All over town — except in areas of town with lots that, according to zoning regulations, are undersized or non-conforming. Many of those properties are in areas like Saugatuck Shores and Compo Beach.

For years, architects and land use experts — including Pete Romano, the principal at LANDTECH, the Westport-based engineering and planning firm — have gone to the Zoning Board of Appeals requesting variances. This Thursday (May 6, Zoom), the Planning & Zoning Commission will consider a text amendment to address that issue.

Text amendment 793 would modify the swimming pool definition to exclude swimming pools of a certain size from total coverage calculations, in all zoning districts.

It would also exclude “sports courts” (private basketball and pickleball courts, etc.) of a certain size from total coverage calculations.

There would be size limits: 850 square feet for pools, and up to 40′ x 40′ for sports courts. Non-conforming lots would still be required to adhere to building and conservation setbacks, and fulfill all drainage requirements.

A Westport summer scene.

Romano has represented many homeowners who have sought variances. He says the text amendment would reduce the number of land-use approvals required to construct a pool.

He notes a current regulatory quirk: A homeowner right now can construct a patio 35 inches high, right up to all building setbacks, and fill the entire lot, setback to setback. It would not count toward total coverage calculations; that only applies to patios at least 36 inches above the ground.

However, Romano says, “once you punch a hole in the patio and pour water in it, it counts towards total coverage.”

Many town officials seem to be in favor of the text amendments. So are most realtors.

Thursday’s meeting will be livestreamed at www.westportct.gov, and shown on Optimum channel 79 and Frontier channel 6020. Public comments can be sent to PandZ@westportct.gov by noon Thursday. To comment in real time during the meeting, email maryyoung@westportct.gov by noon on Thursday; include your name, address and “agenda item 5.” Click here and scroll down for the full text amendment.

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