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Record of Proceedings

Claremont Zoning Board of Adjustment Meeting – December 1, 2025

Zoning Board — Monday, December 1, 2025
BodyClaremont, New Hampshire
SessionZoning Board
DateMonday, December 1, 2025
StatusFILED
Video Record
0:00 / 21:41

Transcript — Verbatim
0:02

Okay, we'll call a meeting to order.

0:15

Can I have the roll call, please?

0:17

Richard Collins.

0:19

Michael Heard.

0:19

Here.

0:21

Wayne Hemingway.

0:22

Here.

0:22

Michael Lemu?

0:23

Here.

0:23

Aaron Lafontaine.

0:25

John Dean.

0:26

Here.

0:27

Richard had contacted me earlier that he's been out for his municipal work all night, so he wasn't going to be able to make it tonight.

0:41

Minutes of our previous meeting from September 2nd.

0:45

Make a motion accept.

0:46

There's a motion by Mr.

0:48

Petrin.

0:49

Second.

0:50

And a second by John.

0:54

John Dean.

0:55

John Dean, sorry.

0:56

I weren't.

0:58

I weren't looking to see who said it.

1:00

All in favor?

1:02

I have to abstain.

1:08

And old business.

1:11

We have none.

1:13

Under new business.

1:16

Wayne?

1:17

Yes.

1:18

Were you gonna you were gonna I am gonna recuse myself?

1:20

Recuse.

1:23

Yes.

1:31

So we'll point John to set in for Wayne.

1:36

And that'll give us a four-member board.

1:42

Which is the applicant acceptable with four members.

1:45

You want to wait till five.

1:46

Oh no, that's fine.

1:47

Thank you.

1:48

And I'm just for the record your name, sir.

1:54

Yeah.

1:57

So under new business, application ZB 2025-13.

2:04

Broad Street Support of Housing Trust, Webster Mass appealing of the Chief Building Officer's decision at 189 Broad Street Tax Map 132, lot 35 in a zoning district is the professional zone.

2:20

Can I have an abutters roll call?

2:26

Broad Street Supportive Housing Trust, Law Offices of Andrew J Tyne, Donald and Patricia Chabot.

2:33

Chabot?

2:34

Northern New England Telephone Operations LLC, CO Consolidated Communications, Inc., Claremont School District, City of Claremont, 200 Broad Street Realty LLC, GWK Properties LLC, Katie and Andrew Bly.

2:52

City of Claremont President.

2:55

Carnelian Holdings.

2:58

I'm sorry, what was that?

2:59

I'm Sudan Claremont, right?

3:02

City of Claremont.

3:06

Austin, you're up.

3:09

As you stated, the applicant has appealed uh two emails from the chief building official and health officer Paul Thibodeau, in which he quotes from and applies the state fire code.

3:20

The applicant seeks to apply RSA 674 16, paragraph eight to permit two unrelated people to residence premises per bedroom, which would amount to 14 residents.

3:46

Occupancy of a single family dwelling by more than four unrelated individuals constitutes a change of use to a rooming house or boarding house.

3:55

As applicable to administrative appeals, the zoning board of adjustment has the jurisdiction to hear and decide appeals if it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance.

4:08

That's RSA 674 331A 1.

4:13

The chief building official and health officer was not interpreting the zoning ordinance in this case.

4:27

So I turn that over to the zoning board of adjustment to decide what to do in this case before we move on.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████59%
Affordable Housing█████████████████22%
Procedural██████████████19%
Summary of Proceedings

Claremont Zoning Board of Adjustment Meeting – December 1, 2025

The Claremont Zoning Board of Adjustment met on December 1, 2025, to consider two applications from the Broad Street Supportive Housing Trust concerning 189 Broad Street. The board dismissed an administrative appeal (ZB 2025-13) for lack of jurisdiction and continued a variance request (ZB 2025-14) to the next meeting on January 5, 2026. The board also approved the 2026 meeting schedule.

Appeal ZB 2025-13 – Dismissed for Lack of Jurisdiction

  • The applicant appealed two emails from the Chief Building Official and Health Officer Paul Thibodeau, which applied the state fire code to limit occupancy at 189 Broad Street. The applicant sought to apply RSA 674:16, paragraph eight to permit two unrelated persons per bedroom (up to 14 residents) in a single-family dwelling.
  • The board discussed whether it had jurisdiction under RSA 674:33, I(a)(1), which limits appeals to errors in enforcement of the zoning ordinance. The Chief Building Official’s emails referenced only the state fire code, not the zoning ordinance.
  • The zoning administrator confirmed that no zoning determination was made in this case. A board member noted that the emails did not mention zoning. The applicant argued the official was using the fire code to interpret zoning, but the board disagreed.
  • A motion to dismiss for lack of jurisdiction was made, seconded, and passed unanimously (4-0, with one abstention).

Variance ZB 2025-14 – Continued to January 5, 2026

  • The applicant sought a reasonable accommodation variance from Section 221 of the zoning ordinance (definition of family) to allow up to 14 unrelated individuals (persons in recovery from substance abuse) to reside in the seven-bedroom home. The applicant argued that RSA 674:16 preempts the city’s definition of family and that a variance is necessary to provide housing for disabled individuals.
  • The board discussed the complexity of the issue, including the interplay of state law, preemption, and reasonable accommodation under federal and state law. One board member moved to continue the hearing to the next meeting (January 5, 2026) to allow time for review. The motion was seconded and passed.
  • The applicant did not support the continuance, but the board proceeded.

Key Outcomes

  • Appeal ZB 2025-13: Dismissed unanimously (4-0) because the board lacked jurisdiction under RSA 674:33, I(a)(1). The Chief Building Official’s decision was based on the state fire code, not the zoning ordinance.
  • Variance ZB 2025-14: Continued to the regular meeting on January 5, 2026, for further deliberation.
  • 2026 Meeting Schedule: Approved by motion (seconded, all in favor) with the Labor Day meeting rescheduled due to the holiday.

Meeting Transcript

Okay, we'll call a meeting to order. Can I have the roll call, please? Richard Collins. Michael Heard. Here. Wayne Hemingway. Here. Michael Lemu? Here. Aaron Lafontaine. John Dean. Here. Richard had contacted me earlier that he's been out for his municipal work all night, so he wasn't going to be able to make it tonight. Minutes of our previous meeting from September 2nd. Make a motion accept. There's a motion by Mr. Petrin. Second. And a second by John. John Dean. John Dean, sorry. I weren't. I weren't looking to see who said it. All in favor? I have to abstain. And old business. We have none. Under new business. Wayne? Yes. Were you gonna you were gonna I am gonna recuse myself? Recuse. Yes. So we'll point John to set in for Wayne. And that'll give us a four-member board. Which is the applicant acceptable with four members. You want to wait till five. Oh no, that's fine. Thank you. And I'm just for the record your name, sir. Yeah. So under new business, application ZB 2025-13. Broad Street Support of Housing Trust, Webster Mass appealing of the Chief Building Officer's decision at 189 Broad Street Tax Map 132, lot 35 in a zoning district is the professional zone. Can I have an abutters roll call? Broad Street Supportive Housing Trust, Law Offices of Andrew J Tyne, Donald and Patricia Chabot. Chabot? Northern New England Telephone Operations LLC, CO Consolidated Communications, Inc., Claremont School District, City of Claremont, 200 Broad Street Realty LLC, GWK Properties LLC, Katie and Andrew Bly. City of Claremont President. Carnelian Holdings. I'm sorry, what was that?

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