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Zoning board allows withdrawal of variance request for shoreline carport at 36 Hemlock Shore Dr.
Summary
The Atkinson Zoning Board accepted a request to withdraw, without prejudice, a variance application for an existing metal carport at 36 Hemlock Shore Dr., giving the owner time to pursue any required NHDES shoreland permits; the motion passed unanimously (3-0).
The Atkinson Zoning Board of Adjustment on Jan. 14 accepted a request to withdraw, without prejudice, a variance application for an existing open-sided metal carport at 36 Hemlock Shore Drive, allowing the owner time to pursue any required state shoreland permitting before returning to the board.
Attorney Bernard J. Campbell, representing applicant Theodore Mouzakis, told the board the carport had been constructed after a contractor advised the owner a permit was not required. Campbell said Building Inspector Brian Boyle notified Mr. Mouzakis in November that “the carport is considered a structure and a building permit was required.” Campbell said a concrete pad beneath the carport was placed less than a year ago and that the lot’s steep drop to the water and an on-site septic system have limited options for building a garage.
Vice Chair Scott Sullivan said the carport qualifies as a structure because it is bolted to concrete and noted concerns about stormwater, pointing out that “half of the roof system is directing water to the abutter.” The board and counsel discussed conditioning any future variance on the applicant securing a shoreland permit from the New Hampshire Department of Environmental Services or, alternatively, allowing a withdrawal so state permitting can be resolved first.
Abutter John Robillard of 34 Hemlock Shore Drive told the board the carport improved safety at the driveway and did not bother him. After a brief recess for the applicant and counsel to confer, Member John Troy moved to grant the request to withdraw the variance application without prejudice; Member Corey Barnes seconded and the board voted 3-0 in favor.
Under the board’s discussion, options noted by counsel included conditioning approval on an NHDES shoreland permit, removing the metal structure if state approval cannot be obtained, or withdrawing and returning once required state approvals are in hand. The board also discussed potential mitigation such as gutters and a drywell to address roof runoff. The applicant may refile once shoreland and other state approvals are secured. The ZBA’s next regular meeting is scheduled for Feb. 11, 2026.
