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North Beach Motel applicant withdraws variance after deed‑restriction questions
Summary
The applicant for variances at 915 Ocean Blvd asked to withdraw its petition after board members raised deed‑restriction and warrant‑article questions; the ZBA allowed the withdrawal and advised extra abutter notifications might be required.
An attorney representing North Beach Motel LLC asked the Hampton Zoning Board of Adjustment on June 18 to withdraw a petition for multiple variances affecting 915 Ocean Boulevard after board members raised questions about deed restrictions and town-warrant language.
Attorney Tim Phoenix of Hoefle, Phoenix, Gormley and Roberts told the board he did not know what deed restrictions applied to the property. Board member Erica de Vries said the applicant’s submitted quitclaim deed contained seven covenants and restrictions; she read Item 4 aloud, saying the deed limited the lot to a single dwelling with no more than four bedrooms and no more than a two-car garage and barred new commercial uses except those already in existence, with the covenants described as “subject in perpetuity.”
Chair Bill O’Brien noted the minutes record a March 2001 town warrant Article 43 that affected Deed Restriction 4 to allow demolition of a six-unit motel and replacement with a single structure containing three dwelling units upon approval of the ZBA and Planning Board. The minutes also record a 2017 Town Meeting Article 33 that allowed the Select Board to remove deed restrictions on previously leased land. Because of these unresolved deed-restriction and warrant‑article questions, Attorney Phoenix asked to withdraw the petition so he could address the title and legal issues.
Matt Saunders moved to allow the applicant to withdraw the petition; Ken Sheffert seconded and the motion passed, 5–0. Chair O’Brien advised that if the petitioner returns to the board, additional abutters should be notified, potentially including the State of New Hampshire and Aquarion Water Company. Henry Boyd, Millennium Engineering, said he did not believe Aquarion needed notice because he understood the property was not in the Ground Water Protection area but said he would check.
The minutes record no substantive action on the variances themselves; the withdrawal ended the matter at this meeting while deed‑restriction and notification questions remain to be resolved.
