ZBA denies density variance for 15 Morris Avenue; applicant withdraws remaining variance requests after public opposition

The Laconia Zoning Board of Adjustment voted to deny a variance that would have allowed conversion of 15 Morris Avenue into a two-family (multifamily) structure, and the applicant announced the withdrawal of the remaining related variance applications.

Attorney Jim Coles of Walker and Barney presented the applications on behalf of Community Rentals, describing a multi-variance proposal to replace a dilapidated structure with vertically oriented housing that would move the building farther from the lake and add a garage beneath living space. Coles said the project would increase conforming area by incorporating an adjacent strip of land previously shown as "Wesley Avenue" into the lot and that the revised lot area would be 3,436 square feet (from an existing 2,236 square feet). He told the board the proposed building would provide on-site parking and rooftop living space and that the primary living area would mostly be at 35 feet with stair towers rising higher.

By the nut graf: Neighbors strongly opposed the plan, testifying that the neighborhood is predominantly single-family, that streets and private driveways are already congested in summer months, and that the proposed scale would change the character of the area. After hearing residents, the board found the application did not meet the hardship criterion and other variance standards and voted to deny the density variance (ZB2025-34). The applicant then withdrew the remaining five variance applications and said they would return with revised plans.

Public testimony was substantial. Resident Sean Flanagan said the application contained "significant and material inconsistencies and misrepresentations of the facts" and argued the proposal would increase nonconformity, not reduce it, citing discrepancies he identified in the application exhibits and tax-card data. In closing he urged denial: "I urge the board to deny all 6 petitions," he said. Jay Dooley, whose family has owned nearby property since 1963, told the board, "There are no 3 story buildings on Morris Ave, if you've ever been there," and emphasized long-standing neighborhood scale and parking pressure. Several other abutters — including James Cott, Melanie Flanagan, Pam Cott and Noreen Kelly — described narrow private streets, limited parking, and concerns that the building would be used for short-term rentals despite applicants' statements that they sought long-term tenants.

Board deliberations focused on the ordinance criteria. Several board members noted the concentration of single-family properties in the immediate area (an internal survey of 22 nearby lots identified only one two-family unit) and found that literal enforcement of the ordinance would not create a unique hardship for this lot because similar dimensional constraints exist on neighboring parcels. One board member summarized an analysis of lot sizes and concluded the applicant had not demonstrated the special conditions necessary under the hardship test.

Motion and outcome: A board member moved to deny application ZB2025-34 (density variance for 15 Morris Avenue); the motion was seconded and, after discussion, the board voted to deny the request. The denial was grounded in findings that the proposed variance would alter the essential character of the neighborhood, create public-safety risks through increased congestion and parking problems, and did not satisfy the hardship criterion because surrounding lots share similar constraints.

After the denial Attorney Coles told the board the applicants would not proceed on the other five applications that night and would return with amended plans: "We're not gonna go forward on the other applications after listening to what's been determined tonight by the board. We're gonna take everything into consideration and then we'll be back before you."

The board chair and staff advised that any future submittal should address parking, lot configuration (the Wesley Avenue conveyance), height and massing, and neighborhood character, and that planning-board review may be needed for some aspects of the proposal.

Items recorded as withdrawn or postponed in the same meeting included a separate application listed as ZB2025-03335 (35 Oak Street) that was withdrawn earlier in the session; several other Morris-area variance filings were formally withdrawn by the applicant after the denial and will require reapplication and renoticing if they return.