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ZBA grants equitable waiver for foundation that encroached 2 feet on Winnipesaukee Drive side setback
Summary
The Zoning Board granted an equitable waiver for a Winnipesaukee Drive foundation that was found to sit 23 feet from the side line where 25 feet is required. The board concluded the encroachment resulted from a measurement error discovered after foundation work was completed and that correcting it would be inequitable.
The Wolfeboro Zoning Board of Adjustment on Feb. 3 granted an equitable waiver for an encroaching foundation at Winnipesaukee Drive (case 04EW-25), after finding that the side-setback violation (23 feet observed vs. 25 feet required) resulted from a good‑faith measurement error discovered after the foundation was poured and the structure was substantially completed.
Why it matters: Under Wolfeboro’s equitable-waiver process the board may excuse a technical, inadvertent setback violation when the owner or contractor shows the violation was not caused by bad faith and when the public…
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