Claremont Zoning Board of Adjustments Meeting – November 2, 2026

The Claremont Zoning Board of Adjustments met on Monday, November 2, 2026, at 5:00 PM. The primary agenda item was an appeal of a chief building official’s decision regarding a nuisance determination at 13 Edgewood Street. The board also approved the 2027 meeting schedule and welcomed a new city planner.

Consent Calendar

• The board approved the minutes of the previous meeting by unanimous voice vote.

Discussion Items

• Appeal of Building Official Decision – 13 Edgewood Street
  The appellant, Aaron Foistel (represented by Attorney Sheridan Brown), appealed the September 1, 2026 notice of violation issued by Building Inspector Lee Hayes. The notice cited two building code violations and a nuisance under City Code Section 11‑52 (attractive nuisance).
  Attorney Matthew Decker, representing the city, presented photographs showing the rear of the house suspended over a 12‑ to 15‑foot deep pit, adjacent to a city‑owned rail trail. He argued the condition constituted an attractive nuisance because it was structurally unsound, easily accessible, and had persisted for over three years.
  Attorney Brown countered that the property was not a nuisance because a licensed structural engineer had designed and approved temporary shoring, the site was fenced (though board member Gavin noted he saw no fence and could walk in), and the condition was not an imminent hazard. He noted that the city’s refusal to allow removal of tree roots from a city‑owned tree prevented completion of the foundation replacement.
  Board members expressed concerns about safety, the lack of proper construction‑site fencing, the prolonged duration of the condition, and the potential for children to access the site. A suggestion to seek independent legal counsel was raised but not acted upon.

Key Outcomes

• Motion to Uphold the Building Inspector’s Decision
  A motion was made and seconded to uphold the September 1, 2026 notice of violation (including the nuisance finding). The motion passed by unanimous voice vote.
• Approval of 2027 Meeting Schedule
  The board approved the proposed 2027 meeting schedule (all meetings on Tuesdays) by unanimous voice vote.
• Introduction of New City Planner
  The board welcomed Matthew, the new city planner, who holds a master’s degree in urban planning from Northeastern University.