Claremont Zoning Board of Adjustment Meeting – August 3, 2026

The Claremont Zoning Board of Adjustment held a regular meeting on August 3, 2026, at 4:00 PM. Board members present: Richard Collins, Michael Hurd, Wayne Hemingway, Mike Lemieu, and John Dean (appointed to sit for James Petran). The meeting addressed three agenda items: a continued density variance application, a new side/rear setback variance, and a new variance to allow street-level dwelling units. Key actions included denial of the density variance, continuation of the setback variance with a site visit, and approval of the mixed-use variance with conditions. No public comments were made on any item.

Consent Calendar

• Minutes of July 6, 2026: Approved unanimously with no amendments.

Old Business

• ZO 2026 00006 – Density Variance for 236 North Street (Isaiah Higgins and Doris Higgins): The application sought a density variance to allow six dwelling units on a 0.39-acre lot in the CR2 district (requiring 5,000 sq ft per unit; proposed density: 2,831.4 sq ft per unit). The applicants did not attend, having notified staff the day of the meeting that they were out of state. After debate, the board voted to proceed with the hearing despite the applicants’ absence. The existing building has five permitted units (four with certificates of occupancy) and one illegally converted garage apartment; no exterior changes were proposed. No abutters spoke. Board deliberation focused on the five variance criteria. Members found that the variance would be contrary to public interest due to overcrowding, would not serve substantial justice (benefit to applicant outweighed community harm), did not present unnecessary hardship (financial hardship not sufficient), and the property had no unique characteristics distinguishing it from others. On criterion four (property values), the board was uncertain but leaned no impact. A motion to deny with findings of fact was made and seconded. Vote: 4-1 in favor of denial (one opposed). The variance was denied.

New Business

• ZO 2026 00007 – Variance for Rear/Side Setbacks at 67 West Pleasant Street (Mark Lamoges): The applicant proposed constructing a lean-to on the north side and a deck on the rear of an existing commercial building (former Haynes Real Estate) to convert it to residential use. The lot (0.11 acre, R1 district) has existing nonconforming setbacks; the original 1983 variance required a 13-ft side yard and 25-ft rear yard. Conflicting survey maps showed different distances from the building to the property line (approximately 3–5 ft on the north side). The applicant requested a five-foot side setback variance. No abutters appeared to comment. The board expressed concern about the uncertainty of exact lot lines and suggested a site visit. A motion to continue the hearing to September 8, 2026, with a site visit at 6:00 PM was made, seconded, and approved unanimously.

• ZO 2026 00008 – Variance to Allow Street-Level Dwelling Units at 65 Pleasant Street (65 Pleasant Street LLC): The applicant sought a variance from Section 22-387-1 to allow residential units on the first floor for the portion of the building fronting School Street (a corner lot with Pleasant Street). The ordinance prohibits street-level dwellings on Pleasant Street between Opera House Square and Glidden Street. The applicant proposed preserving commercial space on the Pleasant Street frontage (approx. 460–469 sq ft) and converting the School Street frontage to four new residential studios. The existing building has 11 units on upper floors and a vacant commercial ground floor. Board discussion covered parking (municipal and agreement with adjacent lot), the size of the commercial space, and the unique nature of the corner lot. Deliberation on the five criteria: members concluded the variance would not increase congestion, would not change the character of the district negatively, would not diminish property values, and the property’s corner location made it unique (criterion five). A motion to grant the variance was made with conditions: (1) the development shall substantially comply with the application and testimony, (2) the planning board shall review and determine final commercial/residential ratio, (3) commercial space shall be a minimum of 469 sq ft (as presented) or larger, and (4) four residential units shall be provided on the first floor. Standard validity and permitting conditions were included. Vote: Unanimous in favor (one board member stated “opposed” but the chair recorded all in favor; motion carried). The variance was granted.

Key Outcomes

• Denial of Density Variance (ZO 2026 00006): Motion to deny passed 4-1. The variance was denied with specific findings that it failed criteria one (public interest), three (substantial justice), and five (unnecessary hardship).
• Continuance for Setback Variance (ZO 2026 00007): Continued to September 8, 2026, with a site visit at 6:00 PM.
• Grant of Variance for Street-Level Dwellings (ZO 2026 00008): Motion to grant passed unanimously. Conditions include minimum 469 sq ft commercial space, four first-floor residential units, and planning board review of final ratios.
• Meeting Adjournment: Motion to adjourn passed.