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Somersworth Zoning Board denies variance request for short‑term rental at 78 Salmon Falls Road
Summary
The Somersworth Zoning Board of Adjustment denied a variance request to allow a tourist home (short‑term rental) at 78 Salmon Falls Road, concluding the applicant did not meet the zoning board's hardship standard; neighbors had raised concerns about preserving the agricultural character of the area.
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The Somersworth Zoning Board of Adjustment voted 5-0 on March 5 to deny a variance that would have allowed a tourist home (short‑term rental) at 78 Salmon Falls Road.
The applicant, Michelle Grama, had sought relief from Table 4.A.5 of the city's zoning ordinance to permit renting the entire residence to transient guests, with a stated maximum occupancy of six. Grama told the board she previously operated the property as an Airbnb in 2023 and said she sought to rent again while unemployed to help cover mortgage costs, adding, “I live here. My belongings are actually in my house right now.”
Board members said the application failed to meet the five legal criteria required for a variance, particularly the fifth test, which requires a showing of unnecessary hardship unique to the property. Zoning Board member Brad Ferdette said the board did not find the hardship criterion satisfied and moved to deny the request. The board recorded no votes in favor of granting the variance.
Neighbors who live on Salmon Falls Road spoke during the public hearing. Erin Ray and Richard Adams, identified in the hearing as residents at 71 Salmon Falls Road, told the board they have lived in the area for decades and urged the board to protect the agricultural character of the neighborhood. Ray said the property owner appears to live in Cambridge, Massachusetts, and warned that a granted variance could "open it up for other people in the area" and change the neighborhood. The board also read a letter from Peg Toussaint of 69 Salmon Falls Road opposing the variance; Toussaint wrote she has lived on the street 55 years and expressed concern that allowing a business use could alter the area's character and tax status.
Planning staff (Ms. Crosley) explained that the agricultural district lists tourist homes as prohibited under Section 19.28(b)(1) and is therefore controlled by the more restrictive listing in the table of uses; because the use is shown as prohibited in that district, a variance is required rather than a special exception. Staff also noted that, if the variance had been approved, the property would have proceeded to a minor site plan review and that both the variance and site plan decisions are subject to a 30-day appeal period.
During deliberations several board members expressed concern that granting a variance could set a precedent for other properties in the agricultural district. Ken Vincent and other members said they were troubled by the possibility of changing the low‑density, single‑family character the agricultural district is intended to protect. Member Anthony Jones and others walked through the five variance criteria and concluded the applicant had not shown a property‑specific condition that would justify the requested relief.
The board also handled routine business at the start of the meeting: the clerk called roll, Chair appointed Ken Hilton and Anthony Jones as full voting members for the evening because the board was missing members, and the board approved the minutes from the Feb. 5 meeting by a 4-0 vote with one abstention.
Votes at a glance: The board approved minutes from the Feb. 5 meeting (motion to approve by Brad Ferdette; second by Anthony Jones; vote 4-0 with 1 abstention). The board found the variance request did not have potential for regional impact (motion passed 5-0). The board denied the variance application to allow a tourist home at 78 Salmon Falls Road (motion to deny moved by Brad Ferdette; outcome: denied 5-0).
The board closed the hearing after deliberations and moved on to other business, including staff announcements about the zoning board handbook and upcoming training opportunities.
The decision to deny the variance means the applicant cannot operate the property as a transient tourist home in the agricultural district without other zoning changes or a successful appeal during the statutory appeal period.
