The Zoning Board granted a use variance allowing construction of a duplex on a 3.09‑acre parcel on Sewell Falls Road owned by Liberty Utilities, with Eastern Development LLC (represented by Ryan Taber and attorney Brett Allard) as the applicant.
Attorney Brett Allard told the board the parcel is largely wooded and encumbered by a 100‑foot utility easement in places, is surrounded by utility and public parcels, and is effectively isolated from typical single‑family development patterns in the RS district. The applicant proposed one duplex (two units) located entirely within the RS portion of the lot and said water and sewer are available. The planning board had previously granted conditional relief for driveway work in wetlands setbacks; the applicant still required a use variance because duplexes are prohibited in the RS district.
Allard addressed the five variance criteria under RSA 674:33, arguing that the proposal would be consistent with the neighborhood character, would not alter essential character or create public health and safety threats, and would add housing in an otherwise underused lot. Board members agreed the parcel's special conditions — surrounding public and utility ownership and wide easements — made it distinct from other RS lots and that a duplex would not be incompatible with adjacent uses.
Motion: the board moved to grant the variance from Section 28‑2‑4‑J (principal uses) to permit a duplex at Tax Map Parcel 202 Z‑21; the motion carried 3‑0.