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Applicant says proposed Summer Street home will likely require a setback variance; conservation concerns raised
Summary
Applicant David Dalrymple told the Warner Planning Board he proposes a one-story single-family home at 28 Summer Street but expects the house would be slightly inside the OC-1 50-foot road setback, requiring a variance; the Conservation Commission warned about impacts to Stevens Brook, including trout and wood turtles, and board members advised a survey and coordination with NH DES and the ZBA.
David Dalrymple told the Warner Planning Board on May 4 that he wants to build a one-story single-family home with a walk-out basement at 28 Summer Street but expects the structure will sit slightly inside the OC-1 district's 50-foot road setback and likely will require a variance.
The proposal covers a 5.6-acre parcel identified as Map/Lot 18-10 and includes a septic system, drilled well, electricity, a shed or small barn, a paved driveway and a carport. Dalrymple said a small creek (Stevens Brook) runs through the property and that he has contacted Clearwater Septic to explore septic options; he also mentioned a small culvert may be necessary.
Why it matters: If the house cannot meet the OC-1 50-foot setback, Dalrymple will need a variance from the Warner Zoning Board of Adjustment. The lot also lies within the 250-foot shoreland buffer governed by New Hampshire’s Shoreland Water Quality Protection Act, meaning state permitting and Department of Environmental Services (DES) review will be required for any activity affecting the brook or its buffer.
Board members and conservation representatives focused on three immediate hurdles. Vice Chair Barak Greene and member James Gaffney urged Dalrymple to obtain a professional survey to document lot lines and road frontage before pursuing a variance. Dalrymple estimated roughly 600–700 feet of road frontage but did not provide a certified survey.
Nancy Martin, speaking on behalf of the Conservation Commission, said she welcomed that the proposed house would be closer to the road and farther from the stream but warned against removing trees near Stevens Brook. She noted the stream is stocked with trout and is habitat for wood turtles; Martin said cutting riparian trees would warm the water and could harm those species. Dalrymple said he values conservation and agreed with Martin's concerns.
The board also noted that OC-1 zoning requires a five-acre minimum for a buildable lot and that Dalrymple's parcel is 5.6 acres, which meets that standard. However, because the proposed building area appears likely to breach the 50-foot setback measured from the road and potentially affects the 250-foot shoreland buffer, Greene advised the applicant to work with DES and to have the property surveyed to support any future ZBA variance request.
No formal motion was made and no vote was taken at the May 4 meeting. The board moved on to other agenda items after advising the applicant to pursue a survey, consult with DES on shoreland rules and, if necessary, apply to the ZBA for a variance.
The Planning Board adjourned at 7:58 PM.
