Planning Board approves modified garage at 20 Haven Street after neighbor objections; 3-2 vote

The Dover Planning Board on Jan. 26 approved a modification to a January 2025 preliminary site‑plan decision for the accessory garage at 20 Haven Street, permitting a finished second floor with a full bathroom, a 12‑by‑5‑foot balcony and support spaces. The decision passed on a 3‑2 roll call vote.

Applicant Peter Heiland said he intended to convert the 1,250‑square‑foot second floor from storage to functional space for a home office and related personal uses; he said tenants would not use the space and described using a heat pump for heating and cooling. The application requests a full bathroom and a beverage/counter area with refrigeration but explicitly excludes cooking facilities and a sleeping area.

Several neighbors — Glenn Williamson (27 Haven St.), Kyle McBurney (26 Haven St.), John Benson (24 Haven St.) and Justine Kent‑Uritam (23 Haven St.) — raised concerns about impacts on groundwater and private wells, whether the change constituted a de facto accessory dwelling unit (ADU), and potential increased traffic if the space were used commercially. Member Val Lin said she believed the plan looked like an ADU and expressed concern about accessory‑use limits; Member Nick (Nicholas) Boehm said that because the property is owned by an LLC and is not the applicant’s primary residence he shared concerns.

Attorney Vin O’Brien, representing the applicant, told the board the proposed second‑floor use did not qualify as an ADU under the town’s rules — noting there is no second egress, the space is larger than the ADU standard, and no sleeping area was proposed — and argued the change did not violate zoning. Town Planner Melissa Santucci‑Rozzi and the Building Inspector also did not deem the second‑floor design an ADU, and the board’s decision includes a clear prohibition on using the modified accessory structure as a dwelling unit unless a compliant ADU is later permitted.

The board approved the modification with conditions including administrative approval of minor plan changes prior to a building permit, adherence to Dover’s Zoning Bylaw for future alterations, no exterior lighting that spills onto adjoining property, compliance with Fire Department comments in OPENGOV (Jan. 14, 2026) and Board of Health comments in OPENGOV (Jan. 22, 2026) regarding deed restriction and septic connection. The motion passed 3‑2 (Lisbon, Shue, Williams in favor; Lin, Boehm opposed).

The decision is recorded as a modification to the January 6, 2025 decision and reiterates that no interior area of the accessory garage may be used as a dwelling unit unless a compliant ADU is later permitted.