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Wolfeboro ZBA approves variance to allow Neverland Properties deck to remain 42 feet from water
Summary
The Wolfeboro Zoning Board of Adjustment on March 3 approved a variance for Neverland Properties LLC allowing a 289-square-foot deck to remain 42 feet from the lake reference line, short of the 50-foot setback. Approval was unanimous and conditioned on permits, recording, and the deck remaining unenclosed.
Wolfeboro — The Wolfeboro Zoning Board of Adjustment on March 3 approved a variance for Neverland Properties LLC, allowing a 289-square-foot deck to remain 42 feet from the lake reference line where the town’s shorefront setback requirement is 50 feet. The board approved the variance unanimously, 4-0, and attached conditions including that the deck not be enclosed and that required permits be obtained before construction.
The variance covers a deck that will remain within the 50-foot setback while the residence’s foundation and main structure are being moved fully outside the setback as part of a teardown and rebuild. Stephanie Richard, a Changing Seasons engineering representative for Neverland Properties, told the board the proposal pulls the new house back and that “the deck is 42 feet from the water.” She said the existing deck was 24 feet from the water and that the proposal moves the structure farther from the reference line.
The board heard from Randy Walker, an attorney representing the applicant, who argued the project makes the lot more conforming overall and reduces existing nonconformities. Walker noted the project removes the existing septic system, reduces impervious area and the size of the deck, and “has come back” with the requested changes; he asked the board to approve the application as submitted.
During the public hearing the applicant’s representative read the five statutory variance criteria for the board’s record and argued the proposal met them: the primary structure’s foundation will be outside the setback, site vegetation along the reference line will be maintained, and moving the dwelling back reduces overall encroachment and site disturbance. The board discussed public-interest and neighborhood-character concerns and agreed the proposal was an improvement over existing conditions.
In making its motion the board specified factual measurements discussed during the hearing: the deck sits 42 feet from the water, the existing deck was 24 feet from the water (so the new deck is moved approximately 18 feet farther from the reference line), and the nonconforming portion of the deck totals 289 square feet. The applicant confirmed building heights on the architectural plans are within the ordinance limits (plans show a building height of about 28 feet, below the maximum face height cited on the drawings).
The motion to approve included standard conditions: all required federal, state and local permits (including the Town of Wolfeboro building permit) must be obtained before construction; the decision will be recorded at the Carroll County Register of Deeds with recording fees borne by the applicant; the variance must be validly exercised within two years (or as extended under local ordinance); the deck may not be enclosed; and the approval is limited to the documents submitted and dated in the record (the board referenced plans dated 02/06/2025 for the site layout and a supplemental impervious-coverage sheet provided 03/03/2025).
The board closed the public hearing, voted to approve the variance, and directed the town planner to file the decision and plans in the project file.
Details recorded in the hearing and required as conditions will be included in the written notice of decision filed with the Carroll County Register of Deeds.
