ZBA finds 1989 site-plan vested for Atwell on Elm parking, clears way for long‑planned spaces

The Wolfeboro Zoning Board of Adjustment on April 7 unanimously found that a 1989 site plan for a commercial building on Elm Street reached substantial completion and therefore vested, clearing the way for the property owner to build parking spaces shown on that historical plan.

Attorney Chris Swinjarski, representing Atwell on Elm LLC, told the board the proposed seven parking spaces were shown on the older site plan and that the current proposal is to install parking in an area that has been grass and previously shown for parking. The board reviewed the 1989 approvals and a 2019 certificate of occupancy and discussed whether the construction and use of the building and subsequent activity constituted substantial completion of the approved project. One board member noted a 2019 Planning Board reference to the 1989 plan and earlier approvals as evidence supporting vesting.

After extended discussion and public comment from neighbors and abutters (both in favor and opposed), the ZBA voted 5–0 to determine that the 1989 site-plan approval and certificate of occupancy amounted to substantial completion and therefore vested the project such that the parking shown on the plan may proceed. The board acknowledged that the decision will be followed by a 30‑day appeal period and that any work still must comply with stormwater and state permitting requirements.

Chair and staff said they will prepare formal findings of fact and the notice of decision for the record; the board’s informal motion and vote established the finding at the meeting.