ZBA approves subdivision-related variances to split 11 and 15 Birch Point, dissolving condominium

The Greenland Zoning Board of Adjustment on June 17 granted variances that will allow the property now held as a condominium at 11 and 15 Birch Point to be subdivided into two separate lots, each with less than the ordinance’s required frontage.

Attorney Chip Phoenix represented homeowners Brandon and Krista Huebner and explained the principal reason for the requested change: the State of New Hampshire permits only one dock per lot. Because the two residences are currently on a single condominium lot, the Huebners cannot secure a second dock for their home unless the land is divided into distinct lots. Phoenix said the subdivision would formalize on-the-ground arrangements that “nothing on the ground… will change” and that the current common-area arrangement already functions like separate properties.

The record includes a Haley Ward existing-conditions plan and a stamped subdivision plan that would fix the existing common-area line as the new property line. Under the plan, the north lot (now R14-3) would have about 24,620 square feet and 120.25 feet of frontage; the Huebners’ lot (R14-3A) would have about 19,386 square feet and 164.72 feet of frontage. The combined frontage is about 284.97 feet, the attorney said; neither new lot meets the ordinance’s 200-foot frontage requirement and so variances were requested.

Board members and other participants expressed concern about potential precedent if similar condominium dissolutions and subdivisions were widely permitted. Several members asked whether the board should consult town counsel before acting to review longer-term implications for shoreline development and the ordinance; others responded that each variance application stands on its own and pointed to historical deed records showing earlier separations. The Huebners and neighboring owner Perry Johnson submitted letters and materials indicating support and agreement on the proposed new line; the record also notes a shared well located on the Huebners’ side that will be preserved by recorded easement.

After discussion the board moved, seconded and approved the variances. The motion describes relief to create two lots, each with less than 200 feet of frontage and less than the required 60,000 square feet in the relevant zone, according to the Ambit Engineering plan dated May 1, 2025. The approval carries the normal condition that subdivision documents and any required Planning Board approvals, recorded easements for the well, and any state shoreland or dock permits must be obtained before final lot deeds or building permits are issued.