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Equitable waiver granted for 1.6‑ft front‑setback encroachment at 20 Juliana Avenue
Summary
The board approved an equitable waiver under RSA 674:33‑a to allow a 1.6‑ft foundation encroachment into the front setback at 20 Juliana Avenue, finding the error was a good‑faith staking mistake discovered after foundation work and the cost of correction outweighed public benefit.
Fieldstone Land Consultants represented Raisin Homes Elite in seeking an equitable waiver under RSA 674:33‑a for a 1.6‑ft encroachment of a poured foundation into the 25‑ft front setback at 20 Juliana Avenue (RA Zone, Ward 3). Dan Borowski explained the encroachment resulted from a staking error discovered only after the foundation was substantially complete and that the total encroachment area is 13 square feet. He told the board correcting the foundation would require demolition and repouring at substantial cost and prolonged disturbance to adjacent properties. The board reviewed the statutory equitable‑waiver criteria — discovery after substantial completion, absence of bad faith, minor nature of encroachment and inequity of requiring correction given cost — and voted unanimously to grant the waiver.
