Zoning Board of Adjustment Meeting - October 21, 2025

The Zoning Board of Adjustment met on the recorded date of October 21, 2025 (note: the transcript references October 24, 2025, but the provided date is used as instructed). The board considered three variance applications and received an informational update on a recent change to New Hampshire state law regarding detached accessory dwelling units. The meeting adjourned after all matters were addressed.

Consent Calendar

• Approval of Minutes from September 16, 2025: The board approved the minutes by unanimous voice vote with no corrections or additions.

Application 1: Chad Laird – Two Variance Requests (40 Bar Farm Road, Lot 23-14, Zone RNA)

• Variance 1: Request from Article 4, Section 275-28A to permit a 26 ft × 42 ft (1,092 sq ft) barn, located 45.8 ft from a wetland where 50 ft is required. The encroachment was attributed to a small wetland point (wetland point 3) that extends into the property. The applicant, Chad Laird, stated the concrete pad for the barn existed for 15 years and no new excavation would occur. The Conservation Commission recommended approval if two feet of groundstone were installed around the building for drainage.
• Variance 2: Request from Article 4, Section 275-28A to permit a 22 ft × 24 ft (528 sq ft) shed (amended from the original 20 ft × 24 ft due to plan correction), located 38 ft from a wetland where 50 ft is required. The structure would replace a 20-year-old fabric shelter on an existing concrete pad. The applicant noted the encroachment is minor and the site is already disturbed.
• Public Input: No members of the public spoke.
• Board Deliberation: The board found all five variance criteria satisfied. Key points: minor encroachment, no harm to wetlands or public safety, existing pads reduce disturbance, the property’s slope and existing structures limit alternative locations, and conditions from the Conservation Commission mitigate any impact.
• Vote: Both variances were approved unanimously (5-0) with a condition that the applicant install two feet of groundstone around the buildings for drainage per the Conservation Commission’s recommendation.

Application 2: Barry Gifford – Variance for Home Addition (28 Essex Road, Lot 3-5-7, Zone RNA)

• Request: Variance from Article 3, Section 275-22A and Table 1 to permit a 17 ft × 34 ft (476 sq ft) single-story kitchen/dining addition, located 20.7 ft from the side setback where 25 ft is required. The applicant, Barry Gifford, explained that the rear of the house is unsuitable due to a large composite deck, brick patio, oil fill, egress windows from upper bedrooms, and a bearing wall. The left side has a vernal pool. The right side is the only feasible location, with the neighbor’s house 125 ft away and the neighbor supportive.
• Public Input: No members of the public spoke.
• Board Deliberation: The board found all five variance criteria satisfied. Emphasized small encroachment (~4.3 ft), no impact on neighboring property values or character, the addition blends with existing architecture, and alternative locations would cause significant hardship (loss of a bedroom, higher cost, disruption of yard). The natural buffer of trees provides privacy.
• Vote: Approved unanimously (5-0).

Application 3: DM Fredenburg LLC – Variance for Daycare Facility (24 Terrell Hill Road, Lot 167, Zone RNA)

• Request: Variance from Article 3, Section 275-21A and Table 2 to permit a daycare facility (defined by the ordinance as enrolling four or more children under age five) in the RNA zone, where daycare is only allowed as a home occupation. The applicant (represented by Tom Hutter of Ekman Construction) seeks to expand the existing Bedford Montessori School (currently 35 students, ages 2.9–6) to 60 students, including a toddler program for ages 18–33 months (up to 12 students). A 3,700 sq ft addition is planned, but the building and site changes are under separate planning board review; the variance is solely for the use as a daycare.
• Public Input: One abutter, Curtis Huberty (20 Terrell Hill Drive), spoke in opposition. He cited concerns about increased traffic on Terrell Hill Road (already congested mornings/evenings), loss of property value, and visibility of the large addition from his property. He noted the school has been a good neighbor but feels the expansion is excessive.
• Board Deliberation: Discussion included the nature of the variance (use only, not building), the traffic study indicating fewer than 20 additional peak-hour trips, the minimal increase in students (12) for the toddler program, and the need for daycare in the community. The board debated liability regarding state licensing and decided to include conditions: maximum 60 total students (school plus daycare) and compliance with all state Department of Education and safety regulations. The chairman recused himself (reason not specified), so five voting members considered the motion. The board found all five criteria satisfied, noting the existing non-conforming preschool use, the small incremental change, and the public benefit of accessible daycare.
• Vote: Approved 4-1 (one board member voted no due to traffic safety concerns). Conditions included site plan approval by the planning board and adherence to state standards.

Update on Detached Accessory Dwelling Units (Informational)

• The board was informed of a recent change to New Hampshire state law (effective August 2025) that prohibits towns from imposing stricter restrictions on detached accessory dwelling units (ADUs) than those applied to single-family homes. The town’s current zoning requirements (e.g., ADUs must be in side or rear yard) are no longer enforceable. The town will propose a zoning amendment to comply. The size limit of 1,000 sq ft and building/septic codes remain applicable.

The meeting adjourned after all business was completed.