New Durham ZBA grants variances for O'Leary lot, with state permits and site conditions required

The New Durham Zoning Board on Tuesday approved a package of variances allowing construction of a two‑bedroom single‑family house on a 0.35‑acre lot at 45 Meters Point (case 2026‑001), finding the revised site and building plans reduced nonconformity but required several outside approvals before construction can proceed.

Board chair Peter Ireland moved to grant variances to Article 5e (flood‑hazard/waterbody setbacks) and Article 14 c2 (shorefront building setback) and said, "I move to grant variances to Article 5e flood hazard area and water body setbacks" with conditions the board enumerated. The motion, and subsequent motions to permit septic setbacks (Article 6 c3) and to allow alteration/expansion of a nonconforming structure (Article 20 c1 and c2), passed unanimously in roll‑call votes.

The board’s action follows the applicant’s submission of architect and site plans dated May 26 and June 18, which the board said supplied the dimensional information missing at earlier hearings. The application was presented as a demolition of an existing dilapidated camp and construction of a new two‑bedroom home with associated deck, utilities, parking and a full finished basement.

Why it matters: The property is substantially smaller than the zoning district minimum (about 0.35 acres vs. a 60,000‑sq.‑ft. minimum cited in the record), and the project requires relief from multiple shorefront and septic rules. The board concluded that granting variances would reduce nonconformity and improve sanitation compared with the current condition, and that denial would create an unnecessary hardship because of the lot’s size and existing development.

What the board required: Approvals were conditioned on the applicant obtaining a conditional‑use permit from the New Durham Planning Board, New Hampshire Department of Environmental Services shoreline and septic approvals, locating the house as shown on the architect plans dated 05/26/2026 and site plans dated 06/18/2026, complying with all federal, state, county and municipal laws, receiving final approval from the New Durham health officer for the septic system, and submitting as‑built plans to the New Durham building inspector before issuance of a certificate of occupancy.

Details cited by the board: The record lists the lot as approximately 15,160 square feet (0.35 acres), proposes a two‑bedroom house with nine total rooms, and shows proposed impervious coverage of 19.6% (current recorded impervious coverage 5.9%). The board noted that the new leach field would be reported at approximately 86 feet from the neighbor’s well (plus or minus) and that a new well would be installed on site. The board repeatedly emphasized the need to resolve inconsistent figures in the application tables and narrative (for example, setback and coverage numbers that differ between the table and narrative) before final permitting.

What’s next: The applicant must secure the listed permits and provide as‑built documentation; construction cannot proceed without those approvals. The board also directed that the house location match the approved site plans.

Speakers quoted or cited in this article are members of the New Durham Zoning Board and applicants who appeared in the public hearing.