Zoning Board of Adjustment
Wednesday, January 21, 2026
Notice of Decision
Paul Rogers & Deborah Heath-Rogers, 5 Pond Road (Map 51-Lot 21).
Applicants applied for a special exception under Articles 5.3.3. and 9.1.6., and 20.1.2 to expand a non-conforming structure on a non-conforming lot on Harrisville Pond. The proposed expansion includes adding 495 square feet on the east and west sides of the existing structure for more living space, including a kitchen/dining area to the east and a master bedroom to the west. It would not add any additional bedrooms to the structure. There would be a small extension of the deck on the Pond Road side for a roofed porch. There would be no changes to the existing pond side deck.
The existing impervious cover percentage is 21.6%. After the additions, the impervious cover percentage will total 25%–within the limit under town ordinances (30%). These calculations do not include a proposed patio, which will consist of pervious materials atop a stone/gravel bed, and which is part of a new groundwater infiltration system. The house will have 18” deep infiltration trenches all around the dripline that will direct runoff to the gravel bed under the pervious patio. This will slow the water’s infiltration and reduce additional surface water created by the structure’s expansion.
Article 5.3.3 on additions to existing non-conforming structures states: “By special exception, the expansion must be in the direction away from the non-conforming aspect of the structure…for the purposes of this ordinance, open decks are not considered expansions.”
Also, under Article 9.1.6., “No dwelling or structure, other than docks or fences, shall be erected closer than seventy-five feet from the high-water mark. In the case of an existing non-conforming structure, no addition shall be made which will be closer to the high-water mark than the nearest part of the existing structure. Furthermore, the property must be “made more nearly conforming than the existing structure or existing conditions of the property.” Included in the amendment is an explanation of “more nearly conforming,” which can include “alteration or size of the existing footprint, or redevelopment of the existing conditions of the property, such that the structures of the property are brought into greater conformity with these ordinances.” It can also include methods for greater conformity, such as “reducing the overall square footage, enhancing stormwater management, adding infiltration areas and landscaping, upgrading wastewater treatment, improving traffic management or other enhancements that improve wildlife habitat or resource protection.”
The Board concluded that Articles 5.3.3 and 9.1.6 were met. The board has previously interpreted Article 5.3.3’ s concept of “direction away from the non-conformity as operating consistently with the Article 9.1.6 restriction that no addition shall be made which will be closer to the high-water mark than the nearest part of the existing structure.” The board found that these requirements were met here because the new addition will be set back the same distance (46 feet) from the shoreline as the existing structure. The fact that the parallel addition would increase the volume of the structure that extends into the lakeside setback was not considered determinate.
As to the 9.1.6 condition that the project must result in the property becoming more conforming the board agreed with the applicants that, because the existing conditions on the property contain no stormwater management systems to prevent water from flowing off the property directly into the lake, the water runoff control measures proposed would constitute a “more-conforming” condition of the property. The proposed system of infiltration trenches will capture the stormwater off the existing and expanded roof, the deck, direct it under the deck and into the under-storage area under the patio. In addition, raised terracing of the ground will provide additional protection and infiltration. All surface water off the impervious areas should be captured.
The board also concluded that the required criteria for a special exception under Article 20.1.2. were met:
20.1.2.1. The specific site is an appropriate location for such use. The structure is currently a dwelling and will remain one in the same relative location, and the proposed structure will be no closer to the pond. The proposed structure also meets the side setback requirements and wetland buffer requirements.
20.1.2.2. The use as developed will not adversely affect the adjacent area. The extensive vegetative screening that exists shields side abutters, and abutter dwellings are a substantial distance from the applicant’s property. Water runoff treatment measures should prevent water intrusion on neighboring properties and into the pond. Although an abutter expressed concerns about the impact on the view from the pond, the board did not believe the expansion would significantly affect this. The expanded structure will be no taller than the existing structure and is not so large or intrusive to be problematic.
20.1.2.3. There will be no nuisance or serious hazard to vehicles or pedestrians. There is no expansion toward the road, and existing parking locations will remain as is. There will be no effect on traffic along Pond Road.
20.1.2.4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The existing septic is adequate for a 2-bedroom structure and the new structure also will have 2 bedrooms. The existing septic and well facilities are adequate.
20.1.2.5. The proposed use shall comply with all the frontage, setbacks, minimum land area, sanitary protection, signs, and parking requirements for itself or its most similar use, except where specifically waived by the board, the reasons for such waiver to be set forth in writing by the board. The only waiver granted by the board is from the 75’ setback from the lake.
Based on the final plans submitted on January 15, 2025 and presented January 21, 2026, the board grants a special exception under Articles 5.3., 9.1.6 and 20.1.2 for the construction of a 516 square feet addition to the existing structure at 5 Pond Road (Map 51 – Lot 21), which will have a total of two bedrooms. The expansion will be a minimum of 46 feet from Harrisville Pond. It will meet the 15 feet side setbacks and 25 feet wetlands setback under the Harrisville Zoning Ordinances. The project will employ the water drainage and infiltration measures depicted on the January 15, 2026, plan submitted by the applicants.
Respectfully Submitted,
Charles Sorenson, Chair
Harrisville. NH ZBA
January 25, 2026