GUILDERLAND — A pair of residents are suing the town of Guilderland for alleged negligence related to a building permit for an in-ground pool on their property.

In court papers filed Jan. 9, Shannon and Michael Folkin allege the town failed to advise them about wetland regulations and potential violations when approving their pool permit application.

The state Department of Environmental Conservation subsequently issued a notice of violation, demanding removal of the pool and related structures due to wetland setback violations.

The Folkins are seeking $100,000 in damages from the town, which did not respond to a request for comment. 

The court filing states the Forkins, of 116 Twenty West Drive, applied for a building permit on Sept. 13, 2021, to construct an in-ground pool as well as other related improvements. Guilderland’s deputy building inspector issued the permit eight days later, despite the presence of wetlands on the property’s plot plan, the court filing states. 

The Forkins installed the pool in October 2021.

The court papers state the Folkins “timely and properly served” a notice of claim — a necessary action needed to be performed by a resident in order to sue the town — with the town on Jan. 9.

The Folkins allege that, although areas designated as wetlands were visible on the plot plan submitted with their application, the deputy building inspector who reviewed and approved the plan was negligent in:

— Failing to advise them about the implications of building in wetlands;

— Not informing them about New York State wetland regulations;

— Neglecting to mention wetland setback requirements;

— Failing to recommend they seek a jurisdictional determination from the state;

— Not advising them to apply for a DEC permit;

— Failing to warn them about potential consequences of non-compliance

— Not informing them that the proposed improvements would violate wetland laws; 

— Failing to recommend they obtain a professional plot plan; and 

— Generally failing to exercise due care and caution.