Zoning Board of Adjustment Meeting

On April 28, 2026, the Hooksett Zoning Board of Adjustment convened to continue a public hearing on a variance application for an accessory dwelling unit (ADU) at 369 Hackett Hill Road. The board also discussed a legal opinion on a separate mixed-use project (Chelmsford).

Public Comments & Testimony

• Ray Lamy (12 Briar Court) expressed concern that the proposed ADU size exceeds the town's recently adopted 750 sq ft limit (with state max of 950 sq ft). He argued that taxing is based on total square footage, not habitable space, and that granting a variance could set a precedent for other large lots. He clarified he has no issue with the applicant's intent or neighbor relations.

Discussion Items

• Z2601 – 369 Hackett Hill Road (ADU Variance):
  • Applicant (Sean and Leah Leakat, represented by attorney Mullen) requested a variance from Article 27 C.6 to allow a 1,388 sq ft detached ADU where 750 sq ft is permitted (state allows up to 950 sq ft). The applicant argued the habitable space under the International Residential Code is about 917 sq ft (including bathrooms) or 849.5 sq ft (excluding bathrooms). The lot is 7.2799 acres, with existing garage and heavy tree cover. They offered a no-cut zone and additional evergreen screening to mitigate visual impacts.
  • Board members discussed hardship standards (Simplex vs. Graynicks) and noted the lot's unique size, existing structures, and wetlands. The board concluded that strict enforcement of the 750 sq ft limit would not advance the ordinance's purpose of preventing overcrowding on this large, wooded lot.
• Chelmsford Project (Definition Variance):
  • The board was informed that the town attorney opined a definition variance is not needed for the previously approved 81-unit mixed-use building because the use variance already covers it. The definition related to density will change in July anyway. The applicant will still need variance(s) for a third building.

Key Outcomes

• Motion (by Matthew St. Pierre, seconded): To grant a variance for a 1,388 sq ft detached ADU (total building square footage) at 369 Hackett Hill Road, subject to conditions:
  1. Plant four-to-six-foot-tall 'Green Giant' arborvitae six feet on center along the northern boundary of Tax Map 37, Lot 53-13.
  2. Maintain a no-cut zone 50 feet north of said boundary.
  3. Maintain a no-cut zone along the southern boundary from the proposed screening to the easternmost lot line within the 20-foot side setback.
• Vote: All in favor (3 board members present: St. Pierre, Stelmack, Stewart; alternate Merritt sat after reviewing prior meeting video). No objections.
• Next Steps: Applicant to submit signed and stamped plans meeting conditions; building inspector to verify compliance.