[{"_1":2,"_122":-5,"_123":-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",[32,75,87,99,110],{"_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",6084574,"mediaKeyId","2911411-7c90a5387162d16e48cfa7d8341f6424","parentId",2911411,"title","ZBA finds Atwell on Elm site plan vested; will prepare findings of fact","audioSeconds",1083,"startMs",4420420,"endMs",5504330,"viewUrl","/Search/View?dp=1&key=2911411-7c90a5387162d16e48cfa7d8341f6424&start=4420&end=5504","thumbnailUrl","https://assets.pipeline.soar.com/2911411-7c90a5387162d16e48cfa7d8341f6424/thumbnail_4420420.jpg","articleUrl","/articles/6084574/New-Hampshire/ZBA-finds-Atwell-on-Elm-site-plan-vested-will-prepare-findings-of-fact","mediaUrl","https://secure.pipeline.soar.com/6084574-f564cd81d1dd98609846b08b51ff0def/orig.mp4?Expires=1771141508&Signature=nhq90eJ6Xu5d9mHYsw53ScFaI1KsZ2Thy2lKsvkTbHfdBoygw1Vq5NALySf2pePiBGhMMfpsckZjBnc~NndOGaRJoO3HJkulY2H8Ws2wuKucdIZTWLwXRXvqKTiKyyRWF-GgmCygB4qxuAHPXmHuw2sJntr5u2bPxMcEZXweVLIeN31-APEQOff8HUtKeSTTiE4AFvnuFfGtq~8RHD0rRkBxmFCk5OFv36yB97XAjAHXNDL4WX0KPmaNS16~S0~mX24OBZPYHSRSN76La0qlTIiK8YVs1-DysQpHF5B8qsQsML1DrZeJQghGbucLcEpNyngs7p~AMYcP1~NcYz-lSQ__&Key-Pair-Id=KUT5TJCACFTXG","author","","date","2025-04-09T12:23:13.173Z","article","The Wolfeboro Zoning Board of Adjustment decided that an earlier site-plan approval (dating to the late 1980s) vested the property owner’s right to complete parking shown on that plan, a determination the board reached after hearing attorney and neighbor comments related to Atwell on Elm LLC’s application to install seven parking spaces.

Attorney Chris Swinjarski presented for Atwell on Elm LLC and explained that the current proposal implements parking and site elements shown on a historic site plan prepared when the property was used as a railroad museum. The applicant said the 1989 approvals anticipated the parking in the grass area now proposed for hard-surfaced spaces; the applicant also presented a conservative approach in which it would comply with planning and shoreland procedures even if vesting were not granted.

Board members reviewed the record, including a 1989 certificate of occupancy and planning-board minutes that referenced site-plan review and a later planning-board action. The board debated whether the project reached “substantial completion” for vesting purposes and heard two town planners’ differing interpretations in earlier staff interactions. After public comment from abutters (who raised access, character and traffic concerns), a motion to declare the 1989 site-plan approval vested carried on a roll-call vote. The board directed staff to prepare formal findings of fact that document the basis for the vesting determination; those findings will be the written record that others could appeal under RSA procedures.

Why it matters: A finding of vesting allows the property owner to proceed with work shown on the earlier site plan without seeking new relief for those specific elements, though the owner still must meet certain permitting and recording requirements and be subject to appeal rights.","mediaType","Video","parentTitle","7 April 2024 Wolfeboro Zoning Board of Adjustment (ZBA) Meeting","oneSentenceSummary","The Zoning Board determined that a 1989 site plan and subsequent work vested the property owner’s right to implement parking shown on the original site plan; the board voted to treat the plan as vested and instructed staff to draft findings of fact.","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},6084579,"ZBA continues Sewell Road redevelopment application to May 5 for clarification on 25% expansion rule",2764,5081775,7846000,"/Search/View?dp=1&key=2911411-7c90a5387162d16e48cfa7d8341f6424&start=5081&end=7846","https://assets.pipeline.soar.com/2911411-7c90a5387162d16e48cfa7d8341f6424/thumbnail_5081775.jpg","/articles/6084579/New-Hampshire/ZBA-continues-Sewell-Road-redevelopment-application-to-May-5-for-clarification-on-25-expansion-rule","https://secure.pipeline.soar.com/6084579-57d7b12925ef87805eeaec05a21f9b5e/orig.mp4?Expires=1771141508&Signature=nndxKJs1FiW07OKlV87j2g5VYb~12ovNAdZBtocFDLTVwwNiL4FGvpspZU~ignB3UxDDFl5Z0fg2XsC~m1a2biIpdvQpcK5GIo25-Ar1SiLuM2E4btYl-MECR7mzytcsSJhHUwvNRdebwJ0BZR4tHX4lXEEkMTEui0xGW3~Ea6Sbwy~jlFbf7~VHNmvroA7U7I8mhi45GyAImjqc-N6vpUb88d6ujNAtufjrISEbHMZ42wnoLZDX0vRMbPKfxf3j542pkZFDtX85edLWq8bvRnNY5McUFAC-5ZN2SGROsJH4fFDJcfvEOlSO6eyUgiFNjpnDE2YSR9PXBiDzLpqayA__&Key-Pair-Id=KUT5TJCACFTXG","The Zoning Board continued a public hearing on a major waterfront redevelopment proposal at 180 Sewell Road, case 05V-25, to the board’s May 5 meeting so staff, the applicant and the board could obtain clarification from planning and legal counsel about how to apply the town’s 25% expansion rule for nonconforming structures.

Applicant representatives described a proposal to remove four existing outbuildings, keep the boathouse and garage, and construct a larger primary residence plus a guest house. The project team provided updated shoreland calculations showing existing lot coverage at 24.1 percent and proposed lot coverage at 18.2 percent after demolition of selected structures and proposed permeable paving and landscape stormwater controls. The applicant said the proposal would reduce overall impervious coverage and include stormwater and landscaping measures aimed at reducing runoff that currently collects at an upper-corner culvert under Sewell Road.

Board discussion focused on whether the two existing buildings (primary house and guest house) should be treated together when calculating the 25% expansion cap for an existing nonconforming second dwelling. The guest house footprint was listed as 671 square feet; the proposed guest-house footprint on the plan is 1,347 square feet. Board members examined how the regulation defines footprint (overhangs and exterior porches counted in the footprint per the ordinance excerpt read into the record) and whether vertical expansion counts differently. Members noted the planning department and building inspector had provided different interpretations earlier in the process.

Because members were split on the legal interpretation, the board voted to continue the application to May 5 and requested an opinion clarifying whether the two structures’ footprints must be combined for the 25% calculation and whether the Second Floor/volume should be treated separately. The motion to continue passed 3–2. The board told the applicant team to supply any additional engineered stormwater calculations and to coordinate with the town’s shoreland/stormwater reviewers prior to the continued hearing.","The board continued a complex waterfront redevelopment application on Sewell Road (case 05V25) to its May 5 meeting to obtain legal and planning guidance about how to measure the 25% expansion cap for nonconforming structures and whether two existing structures’ footprints should be combined.",{"_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},6084585,"ZBA allows professional office use at 591 Center Street, subject to permits and recording",883,4003220,4886460,"/Search/View?dp=1&key=2911411-7c90a5387162d16e48cfa7d8341f6424&start=4003&end=4886","https://assets.pipeline.soar.com/2911411-7c90a5387162d16e48cfa7d8341f6424/thumbnail_4003220.jpg","/articles/6084585/New-Hampshire/ZBA-allows-professional-office-use-at-591-Center-Street-subject-to-permits-and-recording","https://secure.pipeline.soar.com/6084585-c87e5b14743b9f3298c7014dbbfcb27f/orig.mp4?Expires=1771141508&Signature=F6ywHdBrJlIRTAB2SsOmm21PWUPVs3ccFy87viVZMFk8dY8ZPIIYtYfISzewXNtu46XKyCdoUsqoU-d43OGjV~Jj1AIA0PiOdk243-R2TPTs3EvSo3h5f2yzmGTUnDTn9lt1c6mbYpDZxgR8u4bB0AH4UxShR6vNt7lo874id2TLl8Hc2bMOoCbVD1uNjv46Pty0D8QkPvsEwZUu9e8PwJRfNz01Z9x015Zg9ia2KEeQ1JZG9nEVveM56bUrmax5-Tkw6dJJTLheyWx7wBLBOfIW~ceFiNU809etRx~IJkDYGiwmJaMEHivnnZV3vggyD2UonfJt5uIZ~2KhEw0mpg__&Key-Pair-Id=KUT5TJCACFTXG","The Wolfeboro Zoning Board of Adjustment approved a request to allow a professional-office use at 591 Center Street (tax map 148, lot 17), moving the property from a nonconforming commercial use to a professional-office designation under its regulations.

Attorney Philip Marbury presented the application on behalf of Ali Mahadishti (property owner via CNS McLean Realty Trust LLC), saying the building has been used commercially since its construction and the new tenant proposes medical/professional services. The attorney argued the site has a long history of commercial occupancy and that a professional-office use is consistent in scale and impact with prior uses and neighboring properties.

The board and applicant discussed the distinction between “professional office” and “personal service” under the zoning definitions and settled on “professional office” for the record. The board found the variance criteria met: the use would not alter neighborhood character, would not produce undue harm, and would allow continued productive reuse of a longtime commercial building. There would be no exterior changes; any required building permits for interior work must be obtained prior to construction.

The approval included the usual conditions: required federal and state permits, Town of Wolfeboro building permit prior to work, the notice of decision to be recorded at the Carroll County Registry of Deeds at the applicant’s expense, and a two-year exercise period (or extension under RSA). The board read appeal procedures and statutory citations into the record and approved the request by roll call.","The board granted a variance/interpretation to permit a professional-office use at 591 Center Street (tax map 148, lot 17), clearing the way for interior renovations with no exterior changes and attaching standard recording and permitting conditions.",{"_33":100,"_35":36,"_37":38,"_39":101,"_41":102,"_43":103,"_45":103,"_47":104,"_49":105,"_51":106,"_53":107,"_55":56,"_57":58,"_59":108,"_61":62,"_63":64,"_65":109,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},6084589,"ZBA grants variance to rebuild garage with small second-story over nonconforming slab on Earl Shore Road",0,5060080,"/Search/View?dp=1&key=2911411-7c90a5387162d16e48cfa7d8341f6424&start=5060&end=5060","https://assets.pipeline.soar.com/2911411-7c90a5387162d16e48cfa7d8341f6424/thumbnail_5060080.jpg","/articles/6084589/New-Hampshire/ZBA-grants-variance-to-rebuild-garage-with-small-second-story-over-nonconforming-slab-on-Earl-Shore-Road","https://secure.pipeline.soar.com/6084589-25481b396c646fc6ca276805eb759d0a/orig.mp4?Expires=1771141508&Signature=Yr3bnNC2k76x8Ohn9~z9d1jIOa9mJqDs74jiXLPKcEgPC21OaTejoR5sVxCKwXuJSHU~vntbeKlG7uQZLFLxtLHyoj0QyoC-OPbiI27IXYQnZegPKKuK1QmolTZhUYiBn7K~4MCJRrJweYVWKCEfncKU8I3oqbwcyqfcLG2k-8rJbPDSCCQRt9tZ9w9SWNMeNgEmSmDGJ~MeF-2myeElRIUFQEeE0DsCADCPC0JWM~upsfEQApW~k8XnDm~fLzwZ4M8HcpJkyHhzEFCFCwc9HziYKve4XTAS7EHGds-8BRhIP8iGCD5SMLOO0buz3C-aNfXeQTwaPwHCJuUkF7c5ZA__&Key-Pair-Id=KUT5TJCACFTXG","The Wolfeboro Zoning Board of Adjustment voted unanimously to grant a variance allowing a previously built nonconforming garage to be rebuilt on the existing slab and to include a four-foot knee wall and dormer above the garage, case 08V-25, tax map 200-0205 (Earl Shore Road).

Applicant representatives and the property owner described that the slab and foundation are existing and pre-date regulatory setback requirements; the variance was sought because a small portion of the rebuilt structure will remain in the setback area. The applicant said the project replaces an earlier garage on the same footprint and adds a modest storage area above. Board members inspected the site during a site visit and reviewed the application narrative and engineering plans presented by the applicant’s architect and surveyor.

During deliberations the board found the five variance criteria met: the proposal would not alter the essential character of the neighborhood, it would not threaten public health or safety, substantial justice would be served, the value of surrounding properties would not be diminished and literal enforcement would result in unnecessary hardship given the preexisting nonconforming footprint and the limited portion extending into the setback. The board discussed whether the nonconforming footprint count should include porches and overhangs; members clarified they were treating the footprint consistent with the zoning definition used at the hearing.

The board approved the variance with standard conditions: all required federal and state permits and the Town of Wolfeboro building permit must be obtained before construction, the notice of decision be recorded at the Carroll County Registry of Deeds at the applicant’s expense, the approval is valid for two years (or as extended under RSA), and the applicant is responsible for applicable fees. The board read appeal instructions and statutory references into the record and conducted a roll-call vote; the board announced the vote was unanimous.","The ZBA approved a variance allowing a four-foot knee wall and a dormer above an existing garage slab at 5 Earl Shore Drive (case 08V25), with standard recording and permit conditions and a two‑year validity period.",{"_33":111,"_35":36,"_37":38,"_39":112,"_41":113,"_43":114,"_45":115,"_47":116,"_49":117,"_51":118,"_53":119,"_55":56,"_57":58,"_59":120,"_61":62,"_63":64,"_65":121,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},6084594,"ZBA approves cold-storage addition at South Main Street, requires signed planning-board site plan",2475,68271,2544155,"/Search/View?dp=1&key=2911411-7c90a5387162d16e48cfa7d8341f6424&start=68&end=2544","https://assets.pipeline.soar.com/2911411-7c90a5387162d16e48cfa7d8341f6424/thumbnail_68271.jpg","/articles/6084594/New-Hampshire/ZBA-approves-cold-storage-addition-at-South-Main-Street-requires-signed-planning-board-site-plan","https://secure.pipeline.soar.com/6084594-9695ce10dc0d0706e2ce656cee6187e5/orig.mp4?Expires=1771141508&Signature=Cq5E1lEpT6hWGlobQiUg3phsTcMkgv8F4oEcusKgnqJMCRfqYphaZPC4RTeNcObokxzNewEOQUJ0PD5y1EztS61KQY~yRYrJZC52oDTfYrs60TLCePir2DQXzULTsvpUJZGRn0wIqvGNAYXmzejo5cD41qY4U~0KmOlVS4f0R7mRwKeOuCH82-rW2ac98xWWuEsb0tLTNkxCKz5CgeXZ9F6BYJOGSe6faVXQHaV6Lz9qnpDdcZvxd3BUilT3KeTA6W9DClHWkdK99H7CdyobTl9mBI2tD-vrg8YB3BIBx1w8LEXKt95Lma8aSDxk68oqfIA2WxVxLc~6kEEi83Vezg__&Key-Pair-Id=KUT5TJCACFTXG","The Wolfeboro Zoning Board of Adjustment on a motion approved a special exception allowing a 33-by-12-foot cold-storage addition at a South Main Street commercial property, case 03SE-25, with the condition that the applicant return to the ZBA with the planning board’s signed site plan for the board to attach to its approval.

The board’s action followed a continued public hearing in which the applicant said the addition would sit at the rear of the existing building and be used as unheated cold storage with no plumbing or HVAC. The applicant and members discussed site features, including the proposed stone trench for runoff, propane tank location, dumpster location, snow storage, and the location of a test pit on the overall plan submitted to the planning board.

Board members pressed for a final, stamped site plan to which the ZBA could attach conditions and file with the registry of deeds. The board read minutes and the planning-board notes into the record showing the planning board’s conditional approval language and requirements for stamped drawings. With those items in mind, a motion was made and seconded to approve the special exception “with the condition that the applicant return to the ZBA for review of the planning-board signed approved site plan.” The motion carried on a roll-call vote. The ZBA chair said the applicant must appear before the planning board and then return for the ZBA to review the planning-board-signed document before the ZBA will sign its approval for recording.

Why it matters: The board’s condition preserves its ability to confirm the planning board’s required amendments — including professional stamps and specific site-plan elements the planning board required — before the ZBA’s approval is finalized and recorded.

The board recorded the vote in public and advised the applicant to secure planning-board sign-off and return to the ZBA. The ZBA also noted that if the planning board makes substantial changes to the site plan, the applicant must return to the ZBA for further review.","The Wolfeboro Zoning Board of Adjustment granted a special exception for a 33-by-12-foot cold-storage addition at a South Main Street commercial property, approving the application with the condition that the applicant return with a planning-board signed site plan for the board to attach to its approval.","actionData","errors"]

Article not found

ZBA finds Atwell on Elm site plan vested; will prepare findings of fact

ZBA continues Sewell Road redevelopment application to May 5 for clarification on 25% expansion rule

ZBA allows professional office use at 591 Center Street, subject to permits and recording

ZBA grants variance to rebuild garage with small second-story over nonconforming slab on Earl Shore Road

ZBA approves cold-storage addition at South Main Street, requires signed planning-board site plan