Zoning Board
Wednesday, May 20, 2026
Meeting Minutes
Members present: Charles Sorenson Chair, Rex Baker Vice Chair, Hal Grant Alternate, Pat Gagne, Mary Ann Noyer Alternate. Members absent: Edward Tibbetts
Attendees: Don Scott, Tom Weller, Deborah Heath-Rogers, Paul Rogers, Lawrence Athan, Elizabeth Athan, Katie Hamon. Ashley Tucker, Dustin Tucker
Recording Secretary: Mary Ann Noyer
The Chair opened the meeting at 7:05 pm.
Mr. Sorenson named the voting members for the evening as himself, Rex Baker, Hal Grant, Pat Gagne and Mary Ann Noyer.
Following a description of procedure for the evening’s business, including presentations by applicants, questions and comments from the board and public, board deliberation and vote, the Chair introduced the first matter as follows:
Lawrence and Elizabeth Athan, 148 Silver Road (Map 51 – Lot 26), applying for an extension of a special exception granted in June 2021 or, alternatively, applying for a special exception to complete the replacement of the garage as previously approved by the ZBA. The Athans explained the new contractor believed the special exception was expired. Mr. Sorenson noted that, if the plan submitted in 2021 remains the same, the ZBA could grant a continuation. The key issue is whether the project commences within two years of the initial approval, and the Athans have completed a substantial portion of it. The board pointed out the critical deadline faced by the property owners: September 15, 2026, the expiration date of the Shoreland permit.
As the property owner’s intent was to fulfill the application as approved, evidenced by the application submitted to the ZBA last month, Mr. Sorenson moved to reaffirm the existence of the special exception granted in June of 2021 for the completion of the garage as it is set forth in the plans submitted in June 2021. Rex Baker seconded. ZBA members voted 5-0 in favor. The board will issue a Notice of Decision for the reaffirmation. There were no comments from the public.
Paul Rogers & Deborah Heath-Rogers, 5 Pond Road (Map 51 – Lot 21) – Since receiving ZBA approval in January 2026, and since receiving pricing from contractors for the project, the owners determined that trying to refurbish and expand the existing house doesn’t make financial sense. Don Scott, agent for the property owners, explained that consultants and the homeowners drew up new project plans to meet homeowners’ needs and to create what they feel is a better site plan.
The new building is proposed for a few feet further from the lake. All the originally proposed water filtration systems will remain unchanged. Mr. Scott referred to the new site plan, highlighting the location of the existing dwelling compared to the new location. The new house is essentially on the same footprint but oriented broadside to the lake, rather than on an angle as it is currently oriented, and without corner protrusions to the lake. The deck, currently 386 square feet, will be reduced slightly to 326 square feet, and the building will sit behind the 50’ setback to the lake. The existing structure is 46’ from the water. Because the lot and associated structures, including the garage and septic, prevent placement of the dwelling behind the required 75’ setback from the lake, the applicants seek a special exception under Article 9.1.6.
Because the house will sit higher off the ground, a critical aim for the homeowners due to interior moisture, the exterior deck staircase will be longer. The more elevated deck will provide storage space underneath. The new design also eliminates the deck currently in the front of the house, facing the road. Mr. Scott confirmed that the distance from the lakeside deck to the pond will be 38’.
The Chair turned to the question of impervious cover calculations. Mr. Sorenson noted that, based on the .33 acre lot size as stated on the tax card, he calculated total lot square footage at 14,374.8 versus 15,000 square feet as shown on Mr. Scott’s table. This difference results in total impervious cover of 29%, still under the 30% limit imposed by the ordinances but slightly higher than the 27.8% on the submitted site plan. Mr. Scott stated his measurements are from the actual pins in the ground. The ZBA Chair noted that, unless there is a petition to the Town to change this calculation, the board must go by the tax card.
Mr. Scott acknowledged the revised impervious cover calculation and noted it is due to a slightly larger parking area, made possible by the reorientation of the house. The existing driveway is 1550 SF and the proposed area is 1870 SF. In addition, the existing house is 850 SF and the proposed dwelling is 1486 SF. The garage will remain as is. The septic system is new and will not be changed. The wood and storage sheds also will remain unchanged and are factored into the impervious cover calculations. The limits of disturbance, 3,150 square feet, as outlined in the Shoreland Permit granted for the initial project, remain the same. Setback to the wetland on the adjacent parcel increases slightly due to the revised building orientation.
Architect Tom Weller referred to the architectural plans. Asked about the height of the building, he noted it will be 29 feet, which is 6’ under the height limit in the ordinances. The plan provides for a split-level structure that elevates the house, addresses moisture issues in the basement, and relocates the first-floor bedroom to the upper level. The current A-frame, which limits the second floor to a loft area, will be replaced by straight walls, providing needed square footage. The new design also allows for a usable basement, which does not exist now, and more living space on the same first floor footprint, due to a new front entryway, versus the current open deck.
The Chair addressed an abutter’s question about the property line and concern that the site plan would represent a documented survey measurement, the ZBA confirmed that the site plan is merely to denote setback measurements for the proposed structure and for construction and does not represent the actual location of the property line.
The Chair then noted that a second abutter raised questions about the open deck and about the height of the building, both issues addressed earlier. Additional questions raised in written comments from this abutter speak to zoning amendment considerations to be addressed by the Ordinance Review Committee of the Planning Board. The board and applicants further confirmed that the 50’ setback line shown on the plan is for purposes of the state shoreland permit. The 75’ setback from the lake as required by Town ordinances is addressed in the application for the special exception.
With this, Don Scott spoke to the proposal relative to the special exception criteria as follows:
Article 20.1.2.1. The specific site is an appropriate location for such use. The location of the proposed structure is slightly more confirming relative to distance form the lake and meets the side and road setbacks and wetland buffer setback.
20.1.2.2. The use as developed will not adversely affect the adjacent area. Mr. Scott noted the new structure will have the same residential use with the same number of bedrooms. The previous patios and walkways and driplines and infiltration trenches will capture stormwater runoff, decreasing the amount of surface water sheet flowing to the pond. The site currently has no infiltration structures.
20.1.2.3. There will be no nuisance or serious hazards to vehicles or pedestrians. Mr. Scott confirmed there will be no further encroachment on the driveways or into the roadway.
20.1.2.4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The new house will tie into the existing septic field and water well, both adequate for the proposed structure.
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 house was built in 1955, prior to the establishment of the 75’ setback in the ordinances; other than this, which triggers the need for the special exception, all other setbacks have been met. The septic system was replaced in 2018.
The Chair re-confirmed that the proposed project is to increase the building size from the existing 850 square feet to 1400+ square feet, an increase of about 400 SF above the initial approval in January.
The ZBA welcomed Dustin Tucker, attending as a Boy Scout as part of their Citizenship in the Community merit badge requirements. Mr. Tucker acknowledged an understanding of the project and had no further questions for the board.
The Chair turned to Article 9.1.6., reading in part, …in the case of existing non-conforming structures, alteration or expansion of a nonconforming structure may expand the existing footprint within the waterfront buffer, provided the structure is not extended closer to the high-water mark… He and the applicant confirmed that the proposed new structure and the deck are further from the lake than the existing structure and also the previously approved project.
The Chair then asked the applicant to specify what about the project makes the property more nearly conforming. Don Scott stated the stormwater infiltration system is a big part of the improvements, environmentally protecting the lake from surface runoff. Existing conditions don’t provide a good way for water runoff to be slowed and settled. The patios, infiltration trenches, stone beds and deck areas will capture the water and hold it so sediment doesn’t run into the lake. Leveling off of the existing slope will also enhance conditions for managing runoff. No trees will need to be removed, and vegetation will be added along the front of the deck, providing screening and further vegetative buffer on the pond side. The existing slight channel of water from the road and driveway area will continue to run into the edge of the woodlands.
ZBA members agreed the proposed plan complies with the requirements of 9.1.6.
Considering the special exception criteria, as for 20.1.2.1. and appropriateness of the location for such use, the board unanimously agreed the use as a dwelling remains unchanged. They also noted the slight increase in setback from the pond and otherwise noted compliance with all other setbacks, as well as increased distance from the wetland.
On 20.1.2.2., that the use will not adversely affect the adjacent area, the board unanimously found that, though the size of the structure will increase, the project will vastly improve the treatment of surface water runoff. The ZBA also unanimously agreed that the project complies with 20.1.2.3. in that it poses no nuisance or hazard to vehicles or pedestrians.
On 20.1.2.4., the board determined the existing septic field and well provide the adequate and appropriate facilities for the structure.
Finally, the board noted that, under the conditions of 20.1.2.5. of the special exception and given the nonconforming lot size, it is only waiving the 75’ setback to allow the house to be built 4’ further from the previously approved structure. All members agreed.
The motion from the chair was as follows: Based on the final plans submitted on May 7, 2026 and presented May 20, 2026, the board grants a special exception under Articles 5.3., 9.1.6 and 20.1.2 for the construction of a 1486 square feet dwelling structure replacing the existing dwelling structure at 5 Pond Road (Map 51 – Lot 21), which will have a total of two bedrooms. The proposed dwelling will be a minimum of 50 feet from Harrisville Pond. The deck will be no closer than 38 feet from the 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 May 7, 2026 plan submitted by the applicants. Impervious cover will not exceed 29%. Rex Baker seconded. Members voted 5-0 in favor.
Election of Officers for coming year – Rex Baker nominated Charlie Sorenson to continue as chair. Pat Gagne seconded. All voted in favor. Subsequently Mr. Sorenson nominated Rex Baker to continue as Vice Chair, Mr. Gagne seconded. All voted in favor.
Minutes of January Meeting – Mr. Baker moved to approve the minutes of the previous meeting. All voted in favor.
The meeting adjourned at 8:00 pm.