[{"_1":2,"_123":-5,"_124":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87,99,111],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},"mediaId",6356415,"mediaKeyId","2216562-f301bc08dad8d60c0711f48bbb2f248a","parentId",2216562,"title","ZBA grants equitable waiver for foundation that encroached 2 feet on Winnipesaukee Drive side setback","audioSeconds",366,"startMs",6407000,"endMs",6773000,"viewUrl","/Search/View?dp=1&key=2216562-f301bc08dad8d60c0711f48bbb2f248a&start=6407&end=6773","thumbnailUrl","https://assets.pipeline.soar.com/2216562-f301bc08dad8d60c0711f48bbb2f248a/thumbnail_6407000.jpg","articleUrl","/articles/6356415/New-Hampshire/ZBA-grants-equitable-waiver-for-foundation-that-encroached-2-feet-on-Winnipesaukee-Drive-side-setback","mediaUrl","https://secure.pipeline.soar.com/6356415-eda76225b36476defaa3b883127dac9c/orig.mp4?Expires=1771142845&Signature=lE9CYpuOEziuClRQog8UhtCzn5~Nnf2CPzdVQPDsSmoQ7~1TCteQVfKOGmrlQlAeg4byWNEyxDhRGrcweltRAbkvMY0B04CHX6LpmLvprvZVKS~MwFJk-T1B3ziXWQnV~e0xsbGF9Em31Lfj8W5KA2HfFHLE3cxETxITM~WKtIlam3awc0h~kRe3Cj3tdM90fqUlNzmOGFRw2dS-baGxc30Vopy2s5sJ5hgmYuoUGUoklIQrJZqepfGjTLxd4usXE2CFA~K9HHQ5wqggyuDU3zk5T8~R4L3ZHIHBLuiDqdqjtu8MBWQ7jpa~jszO2-uvqHf8ySznU~cQQdKOqQItoQ__&Key-Pair-Id=KUT5TJCACFTXG","author","","date","2025-02-03T16:51:48Z","article","The Wolfeboro Zoning Board of Adjustment on Feb. 3 granted an equitable waiver for an encroaching foundation at Winnipesaukee Drive (case 04EW-25), after finding that the side-setback violation (23 feet observed vs. 25 feet required) resulted from a good‑faith measurement error discovered after the foundation was poured and the structure was substantially completed.

Why it matters: Under Wolfeboro’s equitable-waiver process the board may excuse a technical, inadvertent setback violation when the owner or contractor shows the violation was not caused by bad faith and when the public benefit of correcting it is outweighed by the cost and disruption of correction. The applicant provided documentation and a narrative describing survey activity, the use of septic as‑built information in locating the foundation, and subsequent verification that the foundation encroached two feet into the side setback.

Peter Meeves of Triple M Renovations said his crew used available septic plans and an approximate property pin to set forms; after pouring the foundation and completing an as-built for the septic, the as-built survey showed the foundation sat at 23 feet from the side line instead of the required 25 feet. Meeves told the board the error was not the result of bad faith, that the contractor has built many houses in town without this issue, and that the nearest abutters had not raised objections.

The board reviewed the equitable‑waiver checklist and applied the statutory factors: the violation was not discovered until after the structure had been substantially completed; the record showed a good‑faith measurement error (rather than bad faith or deliberate concealment); the two‑foot encroachment did not create a demonstrated nuisance or materially impair neighboring property use in the board’s review; and the cost and disruption of requiring demolition or reconfiguration at this stage would outweigh any public benefit.

The ZBA voted unanimously to grant the equitable waiver and read standard conditions and appeal rights into the record. The board noted that an aggrieved party may appeal to the county superior court within 30 days.

Next steps: The board instructed the applicant to record the decision (as required in some cases) and reminded contractors to obtain foundation certification or survey confirmation before pouring forms in the future.","mediaType","Video","parentTitle","3 February 2025 Wolfeboro Zoning Board of Adjustment (ZBA) Meeting","oneSentenceSummary","The Zoning Board granted an equitable waiver for a Winnipesaukee Drive foundation that was found to sit 23 feet from the side line where 25 feet is required. The board concluded the encroachment resulted from a measurement error discovered after foundation work was completed and that correcting it would be inequitable.","taxTitle","Wolfeboro Zoning Board of Adjustment, Wolfeboro, Carroll County, New Hampshire","taxId",68304,"location","New Hampshire","headline","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},6356422,"ZBA continues Jaya Realty Trust special-exception hearing to March 3 for fuller site plan",1269,4893000,6162000,"/Search/View?dp=1&key=2216562-f301bc08dad8d60c0711f48bbb2f248a&start=4893&end=6162","https://assets.pipeline.soar.com/2216562-f301bc08dad8d60c0711f48bbb2f248a/thumbnail_4893000.jpg","/articles/6356422/New-Hampshire/ZBA-continues-Jaya-Realty-Trust-special-exception-hearing-to-March-3-for-fuller-site-plan","https://secure.pipeline.soar.com/6356422-8af9e5425c9bc3e719131d9222fbc2bd/orig.mp4?Expires=1771142845&Signature=fq1wVIsFRDcirnNaR9Q4kuYQ2u-xyCcnH-rETEpBFMX6GCsOSD3kKc2BJbKGqp72KIQsEpOXglNdCSyviwOobb7q6pJesVEULI7vnQeLRbA1p87a~993ZQlOTZHGh3C9ZnDQqyxaQV8Nl9m9aRGhvqmq~I-X5USxw6a-958J7xgbWrgmkqEwrJc0vHkwhf6VKKYUcqrCln9j9pxAK2rNFldX2GZaHQtYDk6qhgJIPlKvv4V5NrP77yZPkzJpkMC067VTuKiqfI2PkuBOMgIt3c-8Y494fqZoLdi27sB09ee8KAA-Pe6VnwZTs-8gUybk7cHs6JV-n0bRopUHgHOXwA__&Key-Pair-Id=KUT5TJCACFTXG","The Wolfeboro Zoning Board of Adjustment on Feb. 3 continued the public hearing for Jaya Realty Trust’s special-exception application for a cold-storage structure behind a South Main Street business to March 3, 2025, so the applicant can submit a complete, project‑specific site plan.

Why it matters: The board concluded that the materials on file combined an older stamped base plan with hand‑drawn additions and did not constitute a current, project‑specific site plan adequate for a commercial special-exception review. That left the board unable to evaluate stormwater, setbacks, dumpster location, parking, and other site elements required for a commercial site plan review.

At the hearing the board identified items the applicant should include on a resubmitted plan: a dated, to‑scale plot plan showing lot dimensions and bearings; all existing and proposed structures with dimensions and encroachments; location of existing utilities and proposed roof/drainage treatment; proposed building footprint for the cold-storage unit; dumpster and trash-storage locations; proposed grading and stormwater/runoff details; parking layout and dimensions; any required landscape screening or fencing; and applicable setback lines and zoning envelope. Board members recommended the applicant meet with the town planner to clarify planning‑board requirements and whether an engineer‑stamped plan will be necessary.

The board voted unanimously to continue the hearing to March 3, 2025, at 6:00 p.m. in the Great Hall; the continuation is without prejudice, and the board advised the applicant to coordinate with staff ahead of the next meeting.

Next steps: Jaya Realty Trust is to return with the clarified, dated site plan and any additional documentation requested by the town planner. The board’s checklist (provided in the application packet) and the specific items listed at the meeting will form part of the resubmittal expectations.","The Zoning Board continued the Jaya Realty Trust special-exception application (commercial cold-storage structure at South Main Street) to March 3, 2025, citing an inadequate site plan; the board provided a checklist of required site-plan elements and recommended the applicant consult the town planner before returning.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},6356427,"ZBA grants special exception to expand nonconforming Fullerton Shore structure; horizontal expansion measured at 24.73%",2155,2691000,4846000,"/Search/View?dp=1&key=2216562-f301bc08dad8d60c0711f48bbb2f248a&start=2691&end=4846","https://assets.pipeline.soar.com/2216562-f301bc08dad8d60c0711f48bbb2f248a/thumbnail_2691000.jpg","/articles/6356427/New-Hampshire/ZBA-grants-special-exception-to-expand-nonconforming-Fullerton-Shore-structure-horizontal-expansion-measured-at-2473","https://secure.pipeline.soar.com/6356427-505af21195c4574b03fa8269c637881c/orig.mp4?Expires=1771142845&Signature=CwXfjZjpiqbdehf2lXfLlwFmAVihZg~-C~iBqxBBcm8daM2DxbZAEkJdpRP8L75L9-65FUcP2cdxCeuMLKyIrP7COGBk5bc4eao6B7bLW3I5ivLwckbC66UQigp1ZpDSt0cZawDzxKqSFKJM3uGqfSrk-8scl5AVeCGGgNTnTlBG~j1cElwdnVlY3XHAjGmdzIAFz0Ca0CvTq~tx7JKWATTTCyYzHpaNIP3I1otrNOSJguPJc8eqTgChT2QWCc9Kx7sTcsqmcDv-B-zarz3Sk3LnI~TTDfHiI2H39h4JWrLuaGnDrQmwNzwqZ90tCxLYaBn3TojUQdRz6WXWgpu7NA__&Key-Pair-Id=KUT5TJCACFTXG","The Wolfeboro Zoning Board of Adjustment on Feb. 3 granted a special exception (case 14SE24) permitting the Davis SSMC GST Trust to expand a nonconforming shorefront structure at Fullerton Shore by 24.73% and to extend what had been a three‑quarter second floor to a full second floor over the newly expanded footprint.

Why it matters: Wolfeboro’s ordinance allows owners of nonconforming structures limited horizontal expansion (up to 25% measured drip-edge to drip-edge) and requires a special exception for vertical expansion within setbacks; the applicant’s proposal fell just under the horizontal cap and sought the special-exception review for both horizontal and vertical components.

A representative for the owner (a contractor/representative identified in the record) explained the calculations and provided drawings showing the proposed four-foot expansions in two directions that sum to 24.73% additional horizontal square footage (328.8 square feet). The applicant also provided shoreline approval from the state as part of the packet.

Board members discussed the application’s drawings and the orientation of the plan pages, asked about which of several structures on the same lot the application addressed, and confirmed that the requested horizontal expansion and the vertical change to a full second floor are within the ordinance’s processes. After questions and clarifications about which building on the parcel was the subject of this request and whether prior work on other buildings affected the calculation, the board concluded it had sufficient information to decide.

The board voted unanimously to grant the special exception with standard conditions: obtain all required federal and state permits and the Town of Wolfeboro building permit prior to construction; approval limited to the documentation submitted with the application (packet dated 10/25/2024); notice of decision to be recorded at the Carroll County Registry of Deeds; applicant responsible for recording costs; and the special exception must be exercised within two years or as otherwise extended under local ordinance. Appeal rights were read into the record.

Next steps: The applicant must submit a building-permit application and any outstanding state approvals and record the ZBA decision before beginning construction.","The ZBA approved a special exception (case 14SE24) allowing the Davis SSMC GST Trust to expand a nonconforming shorefront building by 24.73%—under the 25% horizontal limit—and to build a full second floor over the expanded footprint; the board attached routine conditions requiring permits and recording of the decision.",{"_33":100,"_35":36,"_37":38,"_39":101,"_41":102,"_43":103,"_45":104,"_47":105,"_49":106,"_51":107,"_53":108,"_55":56,"_57":58,"_59":109,"_61":62,"_63":64,"_65":110,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},6356432,"ZBA approves Campbell Family Trust front‑setback variance for South Main Street lot",2005,691000,2696000,"/Search/View?dp=1&key=2216562-f301bc08dad8d60c0711f48bbb2f248a&start=691&end=2696","https://assets.pipeline.soar.com/2216562-f301bc08dad8d60c0711f48bbb2f248a/thumbnail_691000.jpg","/articles/6356432/New-Hampshire/ZBA-approves-Campbell-Family-Trust-frontsetback-variance-for-South-Main-Street-lot","https://secure.pipeline.soar.com/6356432-b4a80d12e930c6e2d7487d68f4132980/orig.mp4?Expires=1771142845&Signature=Xki3MzUVnQZqOCnL1ukRTvvnVN95GKaUSFv5Q4hYxcECkLSHEYKY96KfoI-l~SlkX-AuxX3HeICF54-Wm1JCn23ysVitxVazf8ninZ1-navLgdjwLO7DTjoPyFthB6nPQ5XMSxQF01Z9zR6Q2K5c2gxbO29wD~3MYHlRV6aO7RSCVSRzVY4n1te6RY0cFd8JrFfnEy4VkhWCJyv-6cQ3lFvCpcAU6AfY0lXs2I1-l05qxmIGdRdcVb5xcvm7qDvZ6RXQGmgRIIIUUjyw5AfoGU5Zl1MTiDIZiWSA65V1AR2qw~rsqKe5n73j3z6ZyesJbfSbRmjfs3I8Gi8odJAKng__&Key-Pair-Id=KUT5TJCACFTXG","The Wolfeboro Zoning Board of Adjustment on Feb. 3 approved a variance requested by the Campbell Family Trust (case 16B24) to allow a new residence to be placed closer to the existing cottage’s footprint and farther from South Main Street than the ordinance’s required front setback.

Why it matters: The board found that special site conditions — including a historic sewer-line easement near the road and intermittently poorly drained soils in the front of the lot — limit where a replacement dwelling can be placed without extensive disturbance. The board concluded that substantial justice favored the applicants and that the proposed location would not diminish surrounding property values.

Tim Peloquin, a licensed land surveyor representing Brent and Maria Campbell, told the board the parcel is roughly three acres and described the proposed replacement house and the constraints on the lot. Peloquin said the existing cottage sits well back in the field and that placing a new dwelling in the front would require building on lower, poorly drained soils and conflict with a sewer easement that runs near the front of the property. He also provided a realtor’s letter (dated 11/08/2024) supporting the applicants’ position that placing the house in the proposed location would be more marketable and better for the neighborhood than siting it near South Main Street.

Board members reviewed the five statutory variance criteria in sequence. Board members who supported the variance emphasized that the new dwelling would be closer to the front setback line than the existing deteriorated cottage, would preserve the site’s historic setting and long driveway, and avoid constructing in intermittently flooded soils. One board member dissented in part, arguing that the applicants could likely move the structure closer to the sewer easement and be more conforming; other members rejected that as impractical given the soils and easement.

After deliberation the board voted to approve the variance with conditions. Conditions read into the record require the applicant to secure all applicable federal and state permits and the Town of Wolfeboro building permit before construction; the approval is limited to the plans submitted in the application packet dated 11/08/2024; the notice of decision must be recorded in the Carroll County Registry of Deeds at the applicant’s expense; and the variance must be exercised within two years or as extended under local ordinance. The board also noted appeal rights to the county superior court.

Votes at a glance: Case 16B24 (Campbell Family Trust) — Variance from Chapter 175-71B (setback): approved, roll-call unanimous.

Next steps: The applicant must obtain required permits, record the notice of decision, and proceed with plan review for a building permit.","The Wolfeboro Zoning Board of Adjustment approved a variance for the Campbell Family Trust (case 16B24) to allow a new residence to be sited further back on a parcel on South Main Street, citing site constraints including a sewer easement and poorly drained soils at the front of the lot.",{"_33":112,"_35":36,"_37":38,"_39":113,"_41":114,"_43":115,"_45":116,"_47":117,"_49":118,"_51":119,"_53":120,"_55":56,"_57":58,"_59":121,"_61":62,"_63":64,"_65":122,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},6356436,"Zoning board pauses Hemlock Drive appeal after DPW data shows low water pressure; sends matter to planning board",434,247000,681000,"/Search/View?dp=1&key=2216562-f301bc08dad8d60c0711f48bbb2f248a&start=247&end=681","https://assets.pipeline.soar.com/2216562-f301bc08dad8d60c0711f48bbb2f248a/thumbnail_247000.jpg","/articles/6356436/New-Hampshire/Zoning-board-pauses-Hemlock-Drive-appeal-after-DPW-data-shows-low-water-pressure-sends-matter-to-planning-board","https://secure.pipeline.soar.com/6356436-e2da8c02813b0ff86e2e5dcc3bf02915/orig.mp4?Expires=1771142845&Signature=Ua54OQ9oBVba2bC31gNYGJfFYqbn0IC0ZMbS2Q8BaYuyN-~PdXRzMnDY9bc2myGIEcr8ktHikoGbuwpDA9nQaE7tdDdMptgEcwWs3Zk2cUMaQuxliHmpW-ojn6hyCM0oNAG5BlGYI1f3SNuYgCaFpRPRPvMcsUvV1FSxk4B2OQg2hy2i0cQBwVVyNRjRDV-DTvQbcQeOEmIZrahpqJx3sG2lvGFfKCyHd5PCw~C7rE7U58CCy1t1YuL24IjLhU8RfYWnOsvP61bEahVSlnrZ8BDTnzjWidSBjBXxY3EijEBLhP9ny0SBhzTHRXoOqqVefDu4dbjEFsv3B2WkKc0MvA__&Key-Pair-Id=KUT5TJCACFTXG","The Wolfeboro Zoning Board of Adjustment on Feb. 3 voted unanimously not to take jurisdiction over an applicant’s appeal regarding water service on Hemlock Drive and instead sent the matter to the Planning Board for further review.

Why it matters: Town public works data presented at the rehearing showed average working pressures near 30 pounds per square inch in the Hemlock Drive zone — below the town’s stated working-pressure target — a technical finding the board said was not available at the original Dec. 2 hearing and that affects whether water service can be extended to the lots at issue.

At the meeting, Suzanne Ryan, chair of the Zoning Board of Adjustment, opened the rehearing and explained that the board may grant a rehearing when new information emerges. The town’s director of public works, Steve Bridal, testified and provided monitoring data from a “smart” hydrant installed on the 6-inch ductile-iron main serving Hemlock Drive. Bridal said average daily pressures in the zone hover around 30 psi and can drop to the mid-20s during system activity; he also noted that normal working pressure in the town’s distribution system is generally expected to be between 60 and 80 psi and “shall not be less than 35” under the guidance he provided to the board.

“Average working pressures are 31.5 PSI,” Bridal said in presenting the seven- and 30-day logs; he added that exercising hydrants or flushing in that area causes alarms and further pressure drops.

Board members said the new DPW information changed the factual basis for the board’s earlier decision because the town’s zoning regulations tie some residential district boundaries to availability of public water service. After a short discussion, Chair Ryan moved that the board not take jurisdiction based on the new information and refer the matter to the Planning Board for review. The board then took a roll-call vote; Audrey Klein (vice chair), Jody Persons (voting member), Kate McMahon (voting member), Suzanne Ryan (chair/voting member) and Sabette Stroman (alternate acting as a voting member) all voted yes.

The board’s action is procedural: it does not adopt or deny the underlying development request but transfers review of water-service availability and related zoning implications to the Planning Board, where staff and planners will consider how the DPW data intersects with the town’s water-service–based district boundary language.

Next steps: The record of the board’s vote will be included in the file forwarded to the Planning Board. The ZBA’s motion and the DPW memorandum were entered into the meeting record. Any subsequent Planning Board action or permit applications will appear on future agendas.","The Wolfeboro Zoning Board of Adjustment voted unanimously on Feb. 3 to decline jurisdiction of an appeal about water service on Hemlock Drive after new public works data showed the distribution main’s pressures fall below local minimums; the board referred the matter to the Planning Board for further review.","actionData","errors"]

Article not found

ZBA grants equitable waiver for foundation that encroached 2 feet on Winnipesaukee Drive side setback

ZBA continues Jaya Realty Trust special-exception hearing to March 3 for fuller site plan

ZBA grants special exception to expand nonconforming Fullerton Shore structure; horizontal expansion measured at 24.73%

ZBA approves Campbell Family Trust front‑setback variance for South Main Street lot

Zoning board pauses Hemlock Drive appeal after DPW data shows low water pressure; sends matter to planning board