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ZBA grants equitable waiver for 244 Province Street after survey shows 47'9" height
Summary
The board approved an equitable waiver allowing three existing multifamily buildings at 244 Province Street to remain at 47 feet 9 inches after an ALTA survey during refinancing showed they exceed the RG-zone 35-foot height limit; attorneys and staff said the oversight occurred across multiple reviews and the buildings provide workforce housing.
The Laconia Zoning Board of Adjustment granted an equitable waiver July 20 for the multifamily project at 244 Province Street after an as-built ALTA survey completed during refinancing showed the structures measure 47 feet 9 inches, above the 35-foot limit in the RG zone.
Assistant Planning Director Tyler Carmichael told the board the over-height condition had been missed by multiple reviewers over several years and was discovered only during a refinancing review: "Upon looking at the plans we realized that... they built up to it was 47 feet 9 inches, where only 35 feet is permitted," Tyler said. Counsel for the owner argued the buildings house workforce rental units (90 units regulated by the New Hampshire Housing Finance Authority) and that the cost and public harm of requiring correction would outweigh any benefit, so the equitable-waiver statute was the appropriate remedy.
Attorney (introduced as Bullard) summarized the factual basis: "The actual height of the completed and rented apartment buildings is 47 feet 9 inches," he said, and argued the site is isolated — bounded by a cemetery, city land and a business park — so the extra height does not create a nuisance or reduce nearby property values. No members of the public spoke in opposition. The board adopted the application’s findings and voted to grant the equitable waiver so the project can complete refinancing and remain occupied.
Board members noted the units provide needed workforce housing and emphasized that the waiver is intended to correct an honest and longstanding mistake discovered after substantial construction and occupancy.
