Zoning Board of Adjustment - Regular Meeting

Calling to order the Town of Londonderry ZVA Board of Adjustment, May 20th, 2026. I'd like to welcome everyone this evening. Before we start, let me go over the procedure for this evening. The clerk will read into the record the case. The applicant will make their presentation. We ask that the applicant come here to the double seated booth. Please state your name and address for the record. The board will address the applicant with any questions or comments. Those that are in favor of the request are given the opportunity to address the board. Those that are opposed or having questions regarding the request are also given the opportunity to address the board. We ask that anybody that is in favor or opposed, if they would like to state such, they come up to the podium, state your name and address for the record. The applicant will be given an opportunity to rebut any opposition, and the opposition is also given the opportunity for any rebuttal. The board addresses the applicant with any additional questions or comments once that is complete. We ask also that the conversation, if you have any questions and you come to the podium to speak either in favor or against, that you speak to the board. We will speak to the applicant and then address you that way. It's a one-way communication. You can stay and hear the outcome of the case, stay for the deliberations and the vote, or you can also go to the town hall tomorrow morning for the results. We ask that you turn off either your cell phones or put them to vibrate during the meeting. All right, and before we start, we're going to introduce ourselves. Nick, start us off.

My name is Nick Codner. I'm the building inspector and zoning administrator.

Good evening, Arianna McCrory. I'm an alternate member of the Zoning Board of Adjustment.

Andrea Hanson, alternate member.

Brendan O'Brien, full member.

Jackie Bernard, full member.

Mitch Feig, full member.

Lisa Sussman, alternate. And at this time, I'm going to be nominating uh you'll be voting members this evening lisa and um andrea all right so um minutes to approve um do i have a motion for last month's meeting a minute of the meeting i'll make a motion to approve do i have a second second all those in favor aye opposed Do we have a report by the town council liaison this evening? Okay, let the record show I do not have any. Regional impact determinations, Nick?

Staff has determined none of these cases have regional impact.

Do I have a motion?

I'd like to make a motion to accept the regional impact determination.

Do I have a second? I'll second. All those in favor? Aye. Opposed? This brings us to the first case of this evening.

Case number 520-2026-1, request for a variance from LZO 4.2.1.3.C.3 to allow a structure to encroach 14 feet into the 15-foot rear setback in the AR-1 zoning district. The parcel is located at 18 Racine Road in the AR-1 zoning district, tax map 2, lot 029B-40, Raymond D. Bleden IV and Margaret A. Bush, owner and applicant.

And welcome.

Let me get started.

Yep. Please state your name and address for the record.

Raymond Bluff in 18 Rossini Road, London area, New Hampshire. 03053.

And have you done this before?

Several years ago, we put a little barn next to the house.

Did you bring your application with you?

I did.

So you can either do the five points of law first, or you can tell us about why you're here, and then go into the five points of law. It's whatever you're comfortable with.

Okay. I printed out all the packets, but I think they're like PDF attachments to the agenda.

We have the PDF of what you filled out, yes.

Okay, because anybody wants to copy it.

We have... it's a listed as attachment one. Is there, okay. And there's not more than one attachment.

Nope. It's all one packet.

Okay. Then we have it.

All right. Um, so, uh, The reason, I guess, I'll go over that first is the lot layout, and I'll go over that with the different five criterias, but the lot layout doesn't allow us to put, really do much with the property. The house is actually built 13 feet on one side of the edge of our property. It's based on old zoning in our neighborhood that allowed a 30-foot distance between any other structure. But that zoning is now the 15 foot setbacks, which makes it very difficult to do anything. We want to put a very small pool. It's not like any huge in ground pool. It's just an 18 foot above-ground pool and we wanted in the backyard it wouldn't fit in the front yard because of the driveway goes down one whole side of the yard and then you have the septic in the sewer so there's really no no way to put it in the front yard and that would probably kind of be aesthetically unpleasing to our neighbors if it was on the street itself because you'd have to go all the way to the very front of the yard so really the only place to put it and it's very well hidden is in the backyard because there's trees and stuff that abut our properties. And so again, it's a small 18 foot round above ground pool. Last year we built one, we actually met Nick last year. We had put one in, but we put in like a temporary one. I knew that it was one of those Intex ones that's kind of like temporary. So it's the exact same size as the Intex one that was put in there. So there's pictures at the end of the attachment that shows the exact placement, the exact size. So it's no different than what's temporary there. It's just going to be a permanent structure, which will improve the safety for everybody because it It's going to require Nick to come out and inspect it and make sure that it's put in and meets all the codes with fences and electricity and all that stuff. And it would be a lot easier than taking it down and putting it up every year. And so the safety things and having Nick have to do an inspection is important to us to make sure that it is safe. um i can read through the uh through this whole thing or i can just kind of do some of the bullet points and then read through the five points of laws but again uh the first paragraph in my attachments 18 foot round above ground swimming pool and we'd we'd like to extend the deck that's in the backyard so it goes over to the edge of the pool so you can just go in. I do understand, and I've talked to Nick about the requirements. If there's a deck attached to the house, there has to be an alarm on the door. So we're prepared to put an alarm on the back door for kids' safety and all that kind of stuff. So we're prepared to do all that. And I'm aware of all those safety requirements that would be needed. Through the placement of the home on the lot, complying with the 15 foot rear and the 10 foot from the house. And 10 foot from septic leach field and stuff is just not possible any other location the closest point on the back of our house is 28 feet from the rear property line And it's the house sits kind of at an angle and it would be more towards the middle of the house So it's approximately 29 29 feet back to the pool 10 foot out plus the 18 foot diameter would bring it to 28 feet. So in about a foot from the outside edge of the property and the deck would be a little bit shorter so that would be about 2 feet from the edge of the property. That's here. I'll go through the 5 points of law, I guess OK this point. So there be no adverse effect on the public if this variance is granted. The installation of a permanent above ground pool, residential pool with associated deck to access is a common and acceptable residential improvement, especially in our neighborhood. There's three houses that are about the rear of our property. All three of those houses have pools. One of them would wish that I would take his, but it's too big, so I can't take it. But there's three pools in the backyard, so of the houses directly behind us. In addition, approving the installation of a permanent above ground pool and deck will improve the overall safety, like I mentioned before, and the welfare of the community because a permanent pool and deck will be required to meet all the applicable safety and building code requirements. Number two, the spirit of the ordinance is observed. The purpose of the setback requirements is to prevent overcrowding of structures and protect neighboring properties. The proposed pool and deck location maintain reasonable separation from abutting properties and structures, preserving privacy and neighborhood character. In addition, one of the abutting neighborhoods did install a fence along the back of their property, which provides additional visual separation. So they cleared some of the trees and put a fence there. The abutting neighbor directly to the rear of our property has expressed support for the project and he actually removed some trees so it allows more sunlight back there that was in his property. Granting the variance will do substantial justice. So number three, granting the variance will do substantial justice. Denial of the variance would impose a significant and unnecessary limitation on the reasonable residential use of the property while providing no corresponding public benefit. So due to the placement of the home of our house under the prior zoning regulations I had mentioned, they were very different. And strict application of the current setback requirements would prevent installation of a pool and a safe deck anywhere on our property. Similar above ground pools and decks exist on nearby properties including the properties in the rear I already mentioned as well as others in the neighborhood. The temporary pool that we had of equal size was already installed in the exact same location. I put pictures of that pool like I mentioned earlier. So granting the variance allows reasonable use of the property while maintaining neighborhood consistency and significantly improving that safety due to the code requirements that must be met. Number four. The value of the surrounding properties will not be diminished. A property properly installed and maintained above ground pool with the deck access as a common residential amenity and will not reduce property values. The proposed installation will be permanent, code compliant and maintained in a manner consistent with the neighborhood. Number five, the lateral enforcement of the ordinance would result in unnecessary hardship. Number A, no fair. And substantial relationship exists between the general purpose of the setback requirement and its application to the specific property. The intent of the ordinance to provide separation between structures and protect neighboring properties will still be achieved as the proposed installation remains reasonable separation, complies with other applicable requirements, and will still meet all the other existing setback requirements. Strict enforcement of this case does not further the ordinance purpose. The placement of the house on our lot under prior zoning rules leaves limited usable space that satisfies all setback requirements simultaneously. Additionally, all three neighbors to the rear of their property have above ground pools located in the rear of their property behind their houses. So the location would be consistent with other neighboring structures and lot layouts. B, the hardship is due to a specific layout of the property and the historical placement of the existing house on the lot. Not the result of any action taken by us or the current homeowners. The location of the septic system, the slopes of the lot, and the placement of the house leaves no other practical location where a pool and deck access could be installed. Literal enforcement of the ordinance would prevent reasonable residential use of the property for a customary amenity. There's no practical alternative. location on the property where a pool and a safe deck access could be installed in compliance with current setback requirements. Granting the variance is therefore necessary to allow reasonable use of the property. So for those reasons, we respectfully request the zoning board to grant this variance to allow installation of the above ground pool and the expansion of our deck.

Did you start putting this in?

What's that?

Did you start putting this in the full? Because we have ground leveling pictures.

We had the back was sloped. And so we did ground leveling.

And so I had a lot of the pool erected.

No, okay. No, no, no, we put a I wanted to.

That's okay. Yes or no is fine. Does any of the board members have any questions from the applicant?

Okay, what year is the house?

Do you know? 1986, I believe. I think it's on the property. 1985 was the property layout, and I think it was built in 1986. And back then, it was part of a- Land residential development. PRD. PRD, yeah, thank you.

It looks like it's 1975.

No, it was 1985. 85? Yeah, it was when the plans were done. How big is the lot? The ownership of the lot, it's an interesting PRD because I think it's 42 acres and there's 21 houses. It might be 46 acres and 43 houses, but our lot is a half acre and then we own a half acre of common land, but it's not like a

additional like a thing where we have to like there's zoning or what like I don't know what those things are I understand yeah any other questions from any board members do you know why Nick maybe you know why it was built so far back where the houses on the other sides of it are sort of much more front and center it may it may

has something to do with the rules that they had to build by where they had to have 30 feet away from each structure, from one structure to the next.

It looks odd looking at it here. Yeah.

The way that I think the whole neighborhood, everything was, because it's weird how, when we bought the house, we thought we were buying an acre. And then we realized, our property's not an acre, it's a half acre, but then there's a whole bunch of common land that's associated. But it's not an association. They allowed 30 feet between structures and very small lots. Very unique. I think you had to have acre lots to build a house. So it's weird that the neighborhood even has half acre lots.

Any other questions? Let me ask this. I mean, I know everybody prefers their pool in the back, and then if not in the side, it looks like you don't have space in the side either. You'd encroach. The front is not ideal. When I looked at, and then maybe it was just the existing house, the example plot plan, it made it look like the beach field and septic tank were in the back. Is that right?

No, so that was, was that, where did you find that?

It says pool setback requirements as a reference. So maybe you just added something from somewhere else.

Oh yeah, sorry, the pool setback requirements, that's from the town. That's the zoning requirements.

I've never seen that picture.

Oh, that's in the pool application. Oh, okay. Not my house, sorry.

That's not my line. Okay, okay. So is there really no place in the front it could go?

No, it's a big hill. The septic is in the very like center of the front yard. And so there's a big hill and the pipe goes way out. And there's no room at all up there. There's a giant tree, but I think you would be way encroaching on the 40 foot front if you were to put it in. And it would require substantial leveling, it's probably it would probably be four or five feet of leveling because it's really sloped. It feels like it's flat. But when I set up a soccer net for my kid, it was clearly not flat at all. The only flat part is where the septic is.

And how far does the pool sit from the back of the house?

Like the minimum for the building code was 10 feet will be 10 feet, it would be 10 feet and then 18 feet is the diameter.

Okay.

Okay.

Thank you.

Yeah.

Any other questions for the applicant? Okay, I'm going to take it out. And anyone in the audience that would like to speak in favor of the applicant, please approach. Let the record show there is no one. Anyone in opposition of the applicant that would like to speak? Let the- There is a letter. We have a letter? Read that in.

May 13th, 2026, 6 Verde Lane, Leonard Air, NH 03053, case number 05-20-2026-1. Dear zoning board members, we are writing to formally oppose the zoning variance request submitted by Raymond D. Bleden IV and Margaret A. Brush at 18 Rossini Road, which seeks to allow a structure to encroach 14 feet into the 15 foot near setback of the property line. As the direct property abutter at 6 Verde Lane, this variance would negatively impact privacy, property boundaries, and property values. First, the proposed variance, the nature of which has not been disclosed, violates the existing laws to preserve the character and boundaries of our neighborhood. The home at 18 Rossini Road is located at the rear of the parcel, approximately 20 feet from the property line. Per zoning district regulations, permanent structures must obey the 15-foot setback requirement. This request conflicts directly with those regulations. Second, the applicant has not demonstrated sufficient hardship or unique circumstances justifying a variance. New Hampshire RSA 67433 requires that a variance only be granted upon a showing of undue hardship. The applicant has not demonstrated that the property cannot be reasonably used without the variance, nor that the request stems from conditions unique to the property rather than a general desire for convenience. Third, this variance request follows a documented pattern of prior encroachment. In 2025, we reported to the town of Londonderry that the applicant was clearing, digging, and leveling the terrain with a mini excavator in violation of the 15-foot setback rule. The town subsequently issued a cease and desist order to the property owners at 18 Rossini Road. The owners then installed a non-permanent pool, which is permitted under the setback rule. As a direct consequence of the clearing of trees, plants, and shrubs and the terrain excavation, our privacy at the property line was significantly diminished. We were compelled to have a fence installed along the rear of our property at our own expense. The removal of the trees, plants, shrubs, and the excavation has also negatively impacted the value of our budding property. Granting a variance would further destroy the natural property boundary, limit privacy, and cause additional irreversible harm to our privacy and property value. As the applicant has failed to meet the legal burden required under RSA 67433, desire is not only appropriate but required. We respectfully urge the board to deny this request and prevent any further encroachment upon our property. Respectfully, Mark and Lori Haggis.

Thank you. Are there any other questions from the board for the applicant?

I have a question about the uniqueness of your property. You said that in the front yard you had some hills and things of that nature that made, and other structures as well, that made it impossible to build a pool in the front yard. How is that different from maybe other properties in the area, if it is at all?

um i think all of the houses like kind of have hills the way the neighborhood was designed i don't know if it's from phil or not but the way that it's all kind of designed it's it's kind of like slopey and slopey and hilly um i could show you pictures from like google maps so you could see actually i have pictures on my phone i could show you like what the front of the property looks like so you could see that it's would be virtually impossible like it would be impossible to build or put a pool up there and it would be think if anyone thought there was an eyesore of it being in the back like in the back it's it is really crowded by trees and shrubs and stuff if anything the fence that that one neighbor put up and i i can talk about that that situation for sure but if anything that fence took down a whole bunch of trees and shrubs and stuff and removed and created actually a lot more visibility to their yard than there was before so their fence really diminished the separation between the properties.

So they put up the fence? There is a fence back there?

They put up a fence that's very tall, so you can't see. And I wish in full open disclosure or whatever is I went to their house after they had called the town and complained because it was slightly unlevel. And so when I went out, one of the neighbors, one of the other neighbors in the neighborhood has an excavator. And so we took it out and we were clearing it and it was quite fun, to be honest. And so we cleared it down and made it level and with the different boulders and stuff, I could see why he would be frustrated or questioning whether or not and so questioned whether or not we had a pool variance or a pool thing and nick came out and nick and i met many times to have a clear understanding and i made sure that we could put up that temporary thing because originally it was going to be even just one of those temporary things we have kids and want to let them see if they like a pool and nick brought up a lot of different safety concerns and i think it's important that we put in a permanent pool rather than a temporary pool but I'd be glad to show pictures that I have on my phone of the property so you could see the front and see that would really be, I think that would be diminishing if it was in the front yard of a house in our neighborhood.

Well, let me ask you this. How long is your driveway to get from the street from Rossini Road? When you enter your driveway, how long would you say your driveway is to get to your... garage your your entrance?

The length of the property is 204 feet. So I would say it is let's hear minus. I can tell you exactly. So 204 roughly. It's 152 feet.

That's a long driveway.

It is a long that's a very long driveway and I'm looking at all the other properties that surround you in that cul-de-sac or that island and you're really long compared to all the others It is it's very open though to like the to the one like so one side of the property is all trees and it's a very steep hill like a very steep banking that goes up to the right probably would say 15 feet hill that goes straight up and on the other side it drops down probably 15 feet so you're i would say it's probably 30 feet in elevation from one side of the yard to the other which is only 100 feet across and the driveway probably comes in It's pretty far on the right side and then on the left side like I said right in the very center of the art is where the septic is.

Again, I could come up but no that's fine we have your property, OK, OK.

The very good pictures of the front yards, I be any other questions from the applicant.

Yeah, because Nick you were out there was there. I mean Hills aside, could he put a pool in the front with all of the septic in?

I don't know, I'd have to look at the septic plan.

Sometimes you have a ready answer, sometimes you don't. Yeah, no, I don't think so.

Septic's right between those, like halfway up the driveway and the left where it's super flat.

Yeah.

That's where the septic is in the leach field.

Yeah. Plus, the further away from the house you put it, the further you have to be trenching for electricity and safety as far as securing it to make sure that kids in the neighborhood didn't get into it.

That's fair. Yeah, that makes sense. It becomes something that somebody notices, whereas no one would notice.

Yeah, and if it's far away from the house, it's harder for you to keep an eye on it. Yeah, that's a fair answer.

The back area is very, very secured space. It can be very locked down so that it doesn't have access to anything else.

Any questions from the board? Okay, I have none. At this time we will close the public hearing portion of the case and we'll go into deliberations. Do we have to hash anything out?

Thank you.

okay you got that look that's why i'm asking i think i mean lisa has the same look well i'm wondering about the common area or um it indicated that the parcel is only like a half an acre it's only half acre yep so is what we're looking at the half acre yes the drawing yeah yeah the drawing that is provided in our pocket by 204 is a half acre Yeah, that's like 200 and change by 200 and change And that's the from the town, so you can see where he's all the way pushed back, where everybody's closer to the street side, he's pushed all the way back. And everybody else is, because you know how, what is it, Verdi? those houses come, those are smaller lots, it appears anyways on my paperwork, and then the street comes in a little, so now those houses are pushed back. But he's also pushed back, yeah, from the other side. So... it it's it's definitely unique compared to the others I mean this this whole little cluster is unique so the two properties immediately abutting in the back though at pools correct that's what appears on our paperwork

you need it I was looking at the five criteria because you know we're going to vote on those and the only one that I'm thinking about is is the fourth which doesn't impact property value which is one of the things that the opposition and the closing letter um raised um which I'm not sure like I was does anybody have a thought beyond that well do the others that have a pool does that mean their property is devaluated

You got to flip the coin.

I do think, too, we don't have any evidence that the property value would be diminished. It's just somebody's statement.

And I was trying to think about it, right? That's where I was. Does that do it?

Right. And the evidence is that everyone else has one around. I don't see, you know, just with real estate, general real estate knowledge, I don't find that having a pool, you know, it may even increase the value of somebody's property, but, you know, I do think that there's really no evidence that supports that it would diminish.

All right, I'm good with my questions.

Are we good to go on the five points of law? Okay, let's go.

Granting the variance, would or would not be contrary to the public interest because?

I would say would not be contrary. I don't think it alters the character of the neighborhood.

I agree. I agree.

Spirit of the ordinance would or would not be observed because? I would say it would. I don't think it threatens health, safety, or general welfare.

I agree.

I promote it. I agree with that.

If we answer the variance, would or would not do substantial justice because? I think it would. I think the loss to the applicant is greater than the gain to the public.

I agree. I agree.

the following reasons the values of surrounding properties would or would not be diminished i'd say they would not because the two abutters directly in the rear each have pools i agree i agree i agree and no evidence given either which way right agreed Owing to special conditions of the property that distinguish it from other properties in the area, the now of the variance would result in unnecessary hardship because there is or is not a fair and substantial relationship between the general public purpose of the ordinance provision and the specific application of that provision of the property because I would say there is not.

I would agree.

I agree. I agree.

I think the property is unique given its size, layout, and where the structure is located.

I agree. Yep, I agree.

And I think there's also, in terms of the purpose of the ordinance being preventing overcrowding and everything like that, there's significant buffer, and it seems to be in the most private back area.

proposed use is there is not a reasonable one is pools are reasonable pools are reasonable i would agree agree i think they're per se reasonable given they're permitted in the zone okay comments restrictions i've got none okay okay do you have a motion I'd like to make a motion in case number 520 2026-1 to grant the request for a variance do I have a second I'll second thank you all those in favor aye opposed in case number 520 2026-1 the request for a variance was granted you're all set sir all right Thank you, guys.

Appreciate it. Have a good evening.

Welcome to Cummings.

We might do that today. It's a little early.

Thank you.

Thank you.

Ready for the next one? We're ready for the next one. Case number 520-2026-2. Request for a variance from LZO Section 5.14.B to allow a 6-foot high fence to encroach 11 feet into the 40-foot front setback in the AR1 Zoning District. Parcels located at 35 Sanborn Road, Map 15, Lot 82 in the AR1 Zoning District. Michael and Brooke Kelly, owner and applicant.

Good evening.

Good evening. How's everyone doing today? You guys doing all right?

Good as we can be.

That's what I like to hear.

Please state your name and address for the record.

All right, my name is Mike Kelly. I am of 35 Sanborn Road in the great town of Londonderry, New Hampshire. I've come to you today asking for a fence variance. Front yard fences, they are capped at four feet and we are requesting a six foot fence. Six foot fences, they are standard sized, but they don't comply with the ordinance restriction with this town, hence why we're here today. But in short, we're hopeful to add a six-foot fence to the front of our property, although technically it is to the right side of our home, if you're looking straight at the house. We believe this does fall under reasonable accommodation, and let me share why. So we moved to our house two years ago. The builders, they put our home in the back of the lot. It leaves very little space for a backyard based on the unique layout of our backyard. Due to woods, there's hills, heavy rock area. However, we do have plenty of room to the right of our home. And that's where we're hopeful to add the fence to create privacy, to create safety. I do have two young boys at home, ages one and four. And honestly, we're really just looking at their best interests. My wife and I, I mean, we're natural parents. I mean, with our children, we of course have fears and anxieties at times. And we live across the street from a rail trail. So there's heavy foot traffic walking by our house daily. In addition to that, we live across the street from multiple large apartment complexes. You're not allowed to smoke at these apartment complexes. And therefore, on any given day, whether the weather is frigid or not, we have about a dozen, half dozen people who are walking around. out of their complex and to the end of our yard smoking. And I have to admit, it can be an uncomfortable feeling when I'm there with my two boys and we have an audience watching us. Not to mention, I mean, there is offender proximity maps that are shared in the Londonderry Police Department. And based on those proximity maps, it does increase the need for safety, in my opinion. Therefore, I do believe it's in our family's best interest to add a six-foot privacy fence to the right of my house, boxing in that yard to help limit anxieties, limit possible dangers, and create a sense of privacy. I'll also share that it doesn't negatively impact the neighborhood. We believe this does fall under substantial justice. Values of the properties, they're not going to diminish. We plan to put in a common vinyl fence. These traditionally last longer than wood fences and maintain its value. Therefore, the fence, it shouldn't impact the values on the neighborhood negatively. If anything, it should help impact the values positively. I'll also share that we don't have neighbors directly to the right or left of our homes, so it's not going to... impact those lack of neighbors, if you will. And as far as the fence location goes, I'll kind of wrap with this. But our fence, it's going to run or we plan to have it run in parallel with the street. So it doesn't create any safety issues with the child chasing a ball, for example, running into the street as the child would be boxed in. We do live more on a back road as well, so we don't get too much traffic. But there still shouldn't be any line of sight issues because again the fence is gonna run in parallel with traffic So no traffic visibility concerns or safety issues And as far as the location the fence we are proposing that the fence be placed 42 feet away from the road We do have a leach field and a septic tank that's positioned in the open yard section hence why we have to build a fence around that leach field to prevent damage and uh so again the fence itself would be 42 feet from the street run in parallel with the road and personally i believe that's a reasonable request because that's going to lead to enhanced privacy enhanced safety for my family and more of a sense of comfort but happy to answer any questions from the board if there's anything i could share any questions from any of the members

This is a fairly new home.

Yeah, two years old.

What is across the street from you?

They are apartment complexes. Okay. Yeah, I don't know the amount of units that are in there.

But there's two substantial divisions, right?

Correct, yes.

Which complexes are those ones? Where is this?

It's on Sanborn Road. I don't know that the name of the apartment complex is.

So you have the North School. Correct. So if you were heading up Sanborn and North School's on your left, those apartment complexes are on the right.

Correct.

From him across the street.

Directly in front of him.

Yeah. There's a 55 plus, I think. Is it? Yeah. I believe so. It is. How many neighbors do you have around you? On your side? You have one on each side?

So honestly, we don't. We have woods on the right and left to us directly. So we don't have direct neighbors. There is an auto body shop that's a little further down. You might be able to view that, but that's not a direct neighbor.

okay um i'm going to bring it out to the audience would anyone uh like to speak in favor of the applicant at this time let the record show there is no one anyone in opposition that would like to speak let the record show there's no one do we have any letters for this one no letters okay what is the fence going to be made of vinyl vinyl okay white vinyl

Let me ask, what was the reason not four feet but six? I'm guessing, but say it again.

Yeah, I mean, there's several reasons right there. I mean, it's proven that a taller fence can help reduce trespassing and unwanted entry. Again, we live across the street from apartment complexes who are often smoking and walking across the street to our yard. There's a rail trail right across the street as well. Uh, so it gives us that sense of privacy, gives us that sense of, of comfort. Um, I'll be honest. I'm like right now, I can't take my eyes off my children for more than a few seconds without worrying about them running into the yard or people walking by. Um, so that there's natural fears there. So having a six foot fence would assist with that.

I drove out there. Nick, I didn't think that it would obstruct traffic views. Did you get the same?

No, that's far enough off the road. It's not going to be.

That's what I thought as well. Okay. That's always my concern when we have the taller fence.

It seems like it's far back in the sense that, you know, do we know how wide this road is or the maintenance portion of the road or anything like that?

Most of the roads in town are 24 feet wide.

Okay. Any other questions from board members?

Yeah.

I'm good.

I'm fine.

Okay. We'll close this portion of the public hearing. Let's go into deliberations. Do we have to hash anything out on this one? Or are we good?

I don't think so.

Okay, let's do it.

Granting the variance would or would not be contrary to the public interest. I would say would not. I would agree. I agree. I agree. The spirit of the ordinance would or would not be observed because, I would say it would, no threat to health, safety, or general welfare.

I agree. I agree with that. I agree.

Granting the variance would or would not do substantial justice because I think it would. I don't think there's any loss to the public, and I think there's a greater loss to the applicant if it was denied. I would agree with that.

I would agree.

For the following reasons, the values of surrounding properties would or would not be diminished. I would say would not. the apartments are across the street and the auto body shop down the road, they won't have any impact.

I agree.

Owing to special conditions of the property that distinguish it from other properties in the area, denial of the variance would result in unnecessary hardship because there is or is not a fair and substantial relationship between the general public purpose of the ordinance provision and the specific application of that provision to the property because I would say there is not. This is a single family residence in an area that has an apartment and then commercial or it could even be industrial. I don't know what the... That's true. But it's an isolated single family home that has hills behind it that makes installing a fence there less practical than the side yard.

I would agree.

I agree.

I think the purpose of the ordinance is probably to ensure that visibility is in line with the right-of-way and that the maintenance portion of the right-of-way is clear from encumbrances. And I feel like here, the applicants, there's evidence that the fence is going to be far back, and there's also evidence that it wouldn't impact visibility.

Yes.

Agreed.

The proposed use is or is not a reasonable one because is fences are reasonable.

I agree.

Comments, restrictions.

I have none. Anybody have any? No. Okay.

Do I have a motion? I'd like to make a motion in case number 520-2026-2 to grant the request for a variance. Do I have a second?

Thank you, Mitch. All those in favor? Aye. Opposed?

in case number five twenty twenty twenty six dash two the request for a variance was granted thank you for your time appreciate it thank you there you go the last one let's do it we have documentation for everyone Case number 520-2026-3, request for a variance from LZO 5.14.B to allow a 6-foot fence in the 40-foot front setback in the AR1 Zoning District. Parcels located at 2 Overlook Avenue, AR1 Zoning District, Tax Map 3, Lot 21-5. Daniel and Ryan Quartermansch, owner and applicant.

Yep, we're going to mark that Exhibit A.

Thank you.

Have you done this before?

No, I have not.

Very nice presentation. Would you like to state your name and address for the record?

Yes, of course. My name is Danielle Quartermansh, and I live at 2 Overlook Avenue, Londonderry, New Hampshire.

And would you like to tell us about it, or do you want to go into the five points of law?

I'll tell you about it. Okay. Because the five points of law is on my phone. Okay, so we live on the corner of Overlook, which is a dead end, and Mammoth, which in my area is a passing zone. And it's wildly dangerous, which when we moved there in 2019, was a different mammoth than what it is now. And I can't for the life of me figure out why, but it is. And we also have the two setback requirements. So we need to meet 40 feet from Mammoth and 40 feet from Overlook. But I can't. If I do so, the fence would be right in the middle of my septic system, but also it would limit my usable yard to functionally almost nothing. I have a very small backyard. We are situated on a lot. You can see there's, maybe not in this picture, but there's massive hill in the backyard. And there's a condo in the back. up at the top of that hill to the side is where we spend most of our time in the yard and i would like to install a fence for privacy but also because i also have small children and their boys and they are mildly feral and they do not stay put and so they are nine and five and while they're not little little they are um as i mentioned slightly feral and i cannot take my eyes off of them either. And just for a little bit of privacy, as we're on the corner of Mammoth and Overlook, everybody, it feels like, can see exactly what we're doing and just literally just privacy. I think I might have overprepared this thing, but I hope that you... No, you have not.

Thank you. It's very nicely done. Thank you. So this home is 1973 vintage.

Yeah, but we very recently had an addition put on top, so it's now.

And 73 Mammoth Road was different.

Yeah, for sure.

Nick, did you, for line of sight for the fence, did you take a look at that as far as for Mammoth Road?

I was just looking at that, yeah. She's not even close to the corner, Critical Park, where the line of sight would be very important. She's quite a ways away from that. I don't think that would be an issue.

I just wanted to make sure, because sometimes pictures are deceiving.

Right. And I drove down there, too, and thought about where the fence would be. Even I wasn't going to ask you. Okay.

I was brave enough to ask.

No, that's fine. I do mention traffic and safety concerns in here as well, just because I know that's 1 of the major. Issues with the ordinance is maintaining public safety. And, um, it doesn't come close to the corner actually. I girl-mathed it, but it's probably like 70 feet back. However, it could be 50 feet. Sorry, I measured with a string. That's fine.

I'm sorry.

But we did a substantial amount of trying to be as accurate as possible. And then I even went into GIS maps and was mapping it out to an estimate. Unfortunately, on the map... the shed placements incorrect so it doesn't it's not accurately on the map there so if you look the the tree line is about again 50 to 70 feet to mammoth and the setback we're good on the mammoth side as far as i know it's just the overlook side that the variance would come into play and it's a dead end and very few we would be between 15 and 17 feet back from that street and nobody's safety would be impacted as it wouldn't impact any cross traffic or visualization to get out or in.

So you're saying 15 to 17 feet back on the overlook side. I don't see it in the case, agenda case item, so we might want to set whatever we feel is the most you can go in. yeah I remember thinking I read some cases didn't have a number but it might be in the actual documents would you like to do well first of all does anybody have any questions of the applicant okay do you want to go into the five points of law right now sure let's do it all right okay

I actually had to write it on an addendum because my answers were far too long, so. The variance will not be contrary to the public interest. Granting this variance will not be contrary to the public interest. I do not wish to negatively impact my neighbors in any way. Rather, this request is driven by the unique conditions of my property. As a corner lot located along a major traffic route, the proposed fence is intended to provide us noise reduction, which is really quite loud, improve safety for my children and enhance privacy. The fence will be set back sufficiently so that it remains within the interior portion of the yard and largely within the existing tree line, with only a small portion extended beyond the area. It will not obstruct traffic, sight lines, interfere with public access, or create any safety concerns, and will remain consistent with surrounding residential use of the neighborhood. the spirit of the ordinance is observed. The spirit of the ordinance is observed as this request respects the interest of the zoning requirements while addressing the unique conditions of my property. The fence will be set back within the interior portion of the yard and largely within the existing tree line. I'm sorry that I'm kind of mumbling these words. I'm going back and forth on my screen. I did not. I was slightly overprepared and highly underprepared at the same time. So I apologize.

There's no rush. You're fine.

It will not obstruct traffic, sight lines, interfere with public access, or create any safety concerns, and remains consistent with the surrounding residential character of the neighborhood. It's also worth noting that several properties in the immediate area appear to predate current zoning regulations and do not meet the 40-foot setback requirement. As such, the requested variance is consistent with the established development pattern and character of the neighborhood. um substantial justice is done substantial justice is done by granting this variance as it allows reasonable use of my property given as unique constraints as a corner lot strict enforcement of the 40 foot setback would create unnecessary hardship by significantly limiting the usable use of the usable yard area i do not wish to negatively impact my neighbors and the proposed fences intended to provide noise reduction improve safety for my children and enhance privacy due to my location along major traffic route The fence will be set back within the interior portion of the yard and largely within the existing tree line, minimizing visual impact. It will not obstruct traffic sight lines, interfere with public access, or create any safety concerns and remains consistent with the surrounding residential character of the neighborhood. The values of the surrounding properties are not diminished. This one's quite long. The proposed variance will not diminish the value surrounding properties. Since purchasing my home, I have made a consistent effort to maintain and improve the property, viewing it as a long-term investment. I take pride in ensuring that any improvements enhance, not detract from the neighborhood. We have completed ongoing upgrades, including a recent addition, and have received positive feedback from the neighbors regarding the quality of the work. The proposed fence will be well maintained, appropriately placed within the interior portion of the yard and along the existing tree line, and will be consistent with the residential character of the area. It is intended to improve privacy, safety, and noise reduction without negatively impacting the surrounding properties. And number five, by the way, blue dress over here is my neighbor. He's also my neighbor in the back. We'll get to that. Literal enforcement of the provisions of the ordinance would result in an unnecessary hardship for For purposes of this subparagraph, unnecessary hardship means that owning to the special conditions of the property that distinguish it from other properties in this area. No fair and substantial relationship exists between the general public purposes of the ordinance provision and specific application of that provision to the property. One, literal enforcement of the ordinance would result in unnecessary hardship due to the unique conditions of my property. As a corner lot located along a major traffic route, the 40-foot setback requirement, when applied to my property, significantly limits the effect and effectively eliminates the usable portion of my side yard, keeping in mind that the setback requirement is only an issue to the overlooked portion of the property. This distinguishes my property from others in the area that are not similarly constrained by dual frontage or traffic exposure. While the intent of the setback requirement is to preserve safety, visibility, and neighborhood character, strict application of this case does not have a fair and substantial relationship to those purposes. The purposed fence will be set back within the interior portion of the yard, largely within the existing tree line, ensuring that it does not obstruct traffic sightlines, interfere with public access, or create any safety concerns. As such, enforcing the ordinance in this instance would impose a hardship that is not necessary to achieve the public purposes of the regulation. Two, the proposed use is a reasonable one. As the installation of the residential fence is common and appropriate improvement for the properties in this area, the fence is intended to provide privacy, improve safety for my children, and help reduce noise due to my location on a corner lot along a major traffic route. It will be set back within the interior portion of the yard and largely within the existing tree line, minimizing visual impact and maintaining consistency within the neighborhood. The proposed fence will not obstruct traffic, silence, interfere with public access, or create any safety concerns and remains in keeping with typical residential use in the area. Two, if the criteria in subparagraph A are not established, an unnecessary hardship will be deemed to exist if owning to special conditions of the property that distinguish it from other properties in the area. The property cannot be reasonably used in strict conformance with the ordinance and a variance is therefore necessary to enable reasonable use of it. Alternatively, owing to the special conditions of my property, an unnecessary hardship exists because the property cannot be reasonably used in strict conformance with the ordinance. As a corner lot located in a major traffic route, the 40-foot setback requirement significantly limits and effectively eliminates the usable portion of my side yard. This creates... a constraint that is not typical of other properties in the area. The requested variance is therefore necessary to enable the reasonable residential use of the property. The proposed fence is a customary improvement intended to provide privacy and hand safety for my children or reduce the noise of the nearby traffic. It will be set back within the interior portion. I keep repeating this. I know. I'm sorry. It will be set back within the interior portion of the yard and largely within the existing tree line, minimizing visual impact while remaining consistent with the surrounding neighborhood. The fence will not obstruct traffic sight lines, interfere with public access, or create any safety concerns, and in keeping with the character and typical use of residential properties in the area. Okay.

Okay. you've done very well thank you you should volunteer i was thinking about that actually i'd like to take it out to the public is there anyone that would like to speak in favor of the applicant please approach and state your name and address for the record in general i have absolutely no

Problem with the fence, I think it'll look fine. Sightline would have been a concern. I ride a motorcycle. There's five or six motorcycles on the street. Getting out on that road is dangerous. Coming off of the road is even worse because you've got to slow down to take the turn and not get rear-ended. In the past, they used to have the sand runs down the road puddles in front of the corner of their house. I used to go down and shovel the sand so I didn't skid across the road into the neighbor's front yard. But they actually shovel the sand now that they've moved in, which I think is really cool. Traffic safety, they do have little kids. We do have a rental house on the property, not on the property, down the road. People come flying down that road. We just got a blink camera for our front door a couple months ago. I had no idea how many people come down a dead-end road at 2 o'clock in the morning and leave shortly after they come down the road. All for that. The lot sizes, I agree. The way they laid those out in the 70s, I'd love to put a fence, but my lot is 100 feet wide, 900 feet long. And I have 15 foot of frontage. And most of my front yard is actually town property, including three quarters of my driveway. The one thing they left out is the dog. I have a dog, they have a dog. Fences and dogs are really nice because my dog's not as well behaved. He's very friendly. But when you see a dog, they want to go play. They're literally in a fishbowl. on the corner, you come down, you can see the entire yard, you know, offense gives them privacy, shuts everything off. And the more you can block the dogs from seeing dogs, the better. When my dog gets out of the yard, or breaks his lead, I panic and my wife's like always just don't don't worry about it. I'm like, Mammoth Road is 300 feet down. If my dog gets out there, so I think it's a great idea defense looks nice they've done a beautiful job in the house I think the only thing they have left from the original house is probably the two by four structure um it's true they've replaced everything else new siding AC beautiful house nice neighbors so I say build it and she did do a really good job because I was checking it out online I was like this is impressive thank you thank you very much is there anyone else that would like to speak in favor of the applicant

She's not Maya Butter, but she is on 13 Overlook. She's just outside of Maya Budding.

So please state your name and address for the record.

Samantha Elliott, and I live at 13 Overlook Ave. Okay. I do have a horse in this race. I will say I am her sister, and I live on the same street. Also, my 5-year-old and 3-year-old play in her yard. They are equally as feral, and if they see an on-car, like a car coming towards them, they will run towards it. um like they think it's a game so having a fence would be very nice you also cannot sit in her yard and have a conversation if a motorcycle goes by or any car that has a loud engine it's also a passing zone which has now become a game of how many people can you pass which is just extremely dangerous and one of our neighbors there's just a lot of traffic that goes down um my yard I put a fence in on my backyard which is basically just a full Hill um just because of like how many neighbors just are constantly speeding up and down the street um I would not feel comfortable with my kids playing and I live at the end of the street like there's only one house so only two cars go by me and I'm still like my kids don't go in the front yard um so I do think that it would be for the safety of basically everyone in that house um to just have a fence and there's zero issues with the sight line because there's already where her fence would go there's already like a tiny little forest of trees and some wetland and then like five feet of um grass before you even get to the road so the trees already block off most of it like you wouldn't even know there was a fence there until you turn onto the street um yeah so that's what I would like to add thank you

Is there anyone else that would like to speak in favor of the applicant? Okay. Let the record show there is no one else. Anyone in opposition that would like to speak at this time? Let the record show there is no one else. Take it back to the board. Do we have any questions of the applicant at this time?

I do have one. So, you know, you didn't put in an amount of fee. It sounds like you're not clear how far in. Do you have an idea of what's...

comfortable because we say 15 feet and it turns out yeah so there's the one reason uh there's uncertainty uncertainty here is because there's a tree and whether it goes in front of or behind is whatever that is eight to a foot something like that and so that's the only reason so I think it would go behind which would make it 17 feet I believe in if it goes in front just based off of the material it would be more like 16 to 16 and a half feet something around there so it's just a tree just based off of roots and materials okay thank you yeah

any other questions okay um at this time the public portion of the hearing is closed we're going to deliberations do we need to hash anything we good all right let's do it granted the variance would or would not be contrary to the public interest because i would say it would not does not change the character of the neighborhood i agree i agree

Spirit of the Ordnance would or would not be observed because, I would say it would, I don't think it threatens health, safety, or the public welfare.

I agree. I agree with that.

Granted, the variance would or would not do substantial justice because, I'd say it would, I think the loss to the applicant of not having the fence is greater than any gain to the public. I agree. For the following reasons, the values surrounding properties would or would not be diminished. I would say would not. I don't think defense impacts any of the other properties.

I agree. I would agree.

owing to special conditions to the property that distinguish it from other properties in the area and now the variance would result in unnecessary hardship because there is or is not a fair and substantial relationship between the general public purpose the ordinance provision and the specific application of that provision property because i would say there is not a lot that's a corner lot it's got a hill behind it and it's up against the main road i agree i agree

Actually, a state route.

Proposed use is or is not a reasonable one because is, and is it reasonable? I agree. Comments, restrictions.

All right, so we need to shore this up. If... if before or after the tree let's make sure we don't cut it too close because I'd rather have it so that there's not a hardship if we say the wrong dimension here okay so who would like to express that so we're talking in terms of this how far she is from the road because if you look on page 10 of the PDF

by mammoth it looks like that gate is right on the property line are we going into both front uh like both frontages are just the mammoth or just the it's both front 40 foot setback on both sides and she's the fence would go into both no no she's keeping it back 40 feet from the state okay okay right that's what I thought okay so you want to see how far into the I don't think we have to I think it's just a 60 foot yeah I think it's just the secret okay I don't think we need to do that okay so we're good I just want to make sure we don't

no i really don't we don't want to say 17 and then 17 and a half right yeah and do something that causes a right so if the question is a six foot fence the six foot fence is okay okay i just want to note too and i i don't know if this is um something to consider for comments but on ex on the um exhibit from tonight i believe um exhibit a or one yeah exhibit a yep um i'd note that at page five there are um visual impact before and afters with renderings with landscaping yeah um I just don't know if anyone wants to make any comments as to trees on the front or if there's any concerns about how close that is to the right-of-way or the height of those types of trees in the front. I don't see any, but I just wanted to bring it to the board's attention. Yeah, no. I'm good.

All right, so there are none. Do I have a motion?

I'd like to make a motion in case number 520-2026-3 to grant the request for a variance.

Do I have a second? I'll second. thank you Lisa all those in favor aye opposed in case number 520 2026-3 the request for a variance was granted thank you guys have a wonderful evening very nice job you should be proud of yourself thank you thank you very much have a great evening there you go sir

Wow.

Okay. Communication and miscellaneous, I have none. I have no other business unless anybody on the board has something we need to discuss this evening. No, Madam Chair. Okay. Do I have a motion to adjourn? I'll make that motion. Please do.

I'll second.

All those in favor of adjourning, say aye. Aye. Opposed? Adjourned.

Thank you.