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Applicants withdraw variance for 270 Main Street ADU, will resubmit to 750 sq ft
Summary
At its May 19 meeting the Danville Zoning Board of Adjustment heard a request for an 840-square-foot detached accessory dwelling at 270 Main Street. The applicants withdrew the variance and said they will revise the plan to comply with the town’s 750-square-foot ADU limit.
The Danville Zoning Board of Adjustment on May 19 reviewed an application from Lawrence and Kellie Welch for a detached accessory dwelling unit (ADU) at 270 Main Street and found the requested variance—840 square feet—exceeded the town’s 750-square-foot habitable limit. Chairman Chris Stafford opened the hearing and described the process: the Board would address the variance first and, if the variance criteria were met, consider the Special Exception.
Kellie Welch told the Board the larger footprint was intended to accommodate a wheelchair, include two bedrooms, an open-concept living area and a garage under the ADU. She said the unit would have a foundation with five-foot frost walls and a power chair for the staircase. Board members noted some building elements (exterior walls, furnace, non-habitable spaces) can be excluded from the habitable-area calculation and recommended the applicants provide a more detailed plan to clarify usable interior square footage.
Board member David Knight suggested reconfiguring the layout (for example, a 28-by-28 or 28-by-26 plan) to reduce habitable area below the 750-square-foot limit. Chairman Stafford also said the State RSA has recently changed to allow ADUs between 750 and 950 square feet, but the Town of Danville has chosen to keep the local 750-square-foot cap; if the applicants redesign to meet 750 square feet, only a building permit would be required and no Special Exception would be necessary.
Faced with those options and the Board’s request for a clearer set of plans, Mrs. Welch withdrew the Variance application and indicated the Special Exception application would be revised to comply with the 750-square-foot allowance. The Board advised the applicants to submit a construction plan, septic plan, plot plan and off-street parking layout to the building inspector if they proceed under the 750-square-foot limit. The Board did not take a formal vote on the Variance after the withdrawal.
What happens next: The Welches plan to redraw their plans to show compliance with the town’s 750-square-foot ADU limit and return to the ZBA if necessary. The Board suggested considering an extension to prepare detailed drawings and measurements before returning for further review.
