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ZBA grants multiple variances to allow replacement house at 76 South Shore Road
Summary
After a detailed public hearing and deliberation, the New Durham ZBA granted several variances for a replacement house at 76 South Shore Road, including waivers for shoreline setbacks, flood-hazard setbacks, septic/leach-field placement, and nonconforming-structure rules; approvals carry conditions including NH DES permits and septic inspection prior to a building permit.
The Zoning Board of Adjustment granted a suite of variances to enable the demolition of an existing deteriorated cottage and construction of a new single‑family house at 76 South Shore Road (case 2026‑O03). The property is a steep 0.27‑acre lot in the Shorefront Conservation and Steep Slope Conservation districts with constrained setbacks and an aerated septic system installed in 2007. The board heard detailed testimony from the applicant's representative about site constraints, rip-rap shoreline, stormwater measures, and the intended reduction in deck area to lower impervious coverage (from 20.1% to 19.9% proposed). The board repeatedly applied the five legal tests (public interest, spirit of ordinance, substantial justice, unnecessary hardship, and conformance to other provisions) and concluded that granting variances would not be contrary to public interest and would, in many cases, result in improved shoreline protection because proposed stormwater measures and other conditions reduce runoff.
Board members questioned septic timing and whether a septic design would be required if construction occurred after the system hits the 20‑year mark in 2027; the applicant indicated a design would be prepared if needed. The board's motions granted variances to Article 5 (flood hazard/waterbody setback), Article 14 (shorefront conservation dimensional requirements), Article 6 (septic/leach-field setbacks), Article 20 (nonconforming structures), and related sections, each with conditions: NH DES shoreline and septic approvals, an as‑built plan submission at construction completion, a licensed septic inspection and operation/condition report before a building permit, and adherence to the stormwater management plan approved by the planning board. Chair Carrie Jarvis recorded the roll-call votes as ayes; the board entered conditions requiring the septic to be located as depicted on the 04/13/2026 plan when and if replaced.
