At request of appeals board, Francestown ZBA prepares documentation on rejected Lawrence request

Phillip Lawrence (left) and his lawyer Jason Bielagus (right) observe the property as the Francestown Zoning Board of Appeals explores the woods past the rock wall during a walk-through of their David Lane property in August 2023. —FILE PHOTO
Published: 01-13-2025 12:01 PM |
After the Francestown Zoning Board of Adjustment denied Richard and Phillip Lawrence’s application for two variances at their lot on Davis Lane in September 2023, the Lawrences appealed to the state Housing Appeals Board.
On Dec. 6, the appeals board upheld the ZBA’s decision, which denied the Lawrences’ request for a variance to build an additional house on their property on the grounds that the project did not meet the five criteria needed to be granted a variance. However, ZBA Chair Cindy St. John said at Thursday night’s meeting that the appeals board required the board submit additional supporting documentation.
“The HBA has affirmed the ZBA’s decision in the Lawrence case, but they have asked us to give more information for the record,” St. Jean said.
Although board members discussed the record during Thursday night’s public meeting, it was not a public hearing.
“This is not a public hearing, and it is not a rehearing. The public hearing on this case was closed on Sept. 21, 2023," St. Jean said. “This is a clerical matter to revise the notice the of decision according to RSA 676:3. What we are doing at this meeting is looking into the official record and determining the findings of fact that led to our vote, and putting that in to the notice of decision.”
The four members of the ZBA present who participated in the original decision, -- St. Jean, Stewart Brock, Sue Jonas and Shirley Pittman -- participated in the review of the Sept. 21, 2023 minutes.
“The decision must include specific written findings of fact that support the decision, and unfortunately, that was not done when we did our original notice of decision,” St. Jean said. “That is what the HBA wants us to correct.”
After reviewing the minutes from the Sept. 21, 2023, ZBA hearing, the board determined that the minutes did provide the facts supporting the board’s decision.
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“As recommended by the NH municipal board, we will have town council review our findings before we submit it,” St. Jean said. “We need to do this right the first time for the sake of the applicant, the abutters and the town.”
“I don’t think we missed anything,” Brock said.
The board passed a motion to create a draft of the notice to be reviewed by town council. The matter was continued to the next ZBA meeting on Feb. 13.
In June 2023, Richard Lawrence and his son, Philip Lawrence, requested a variance from the 400-foot front setback ordinance from the road required for all back lots in Francestown, as well as a variance from 100-foot setback from wetlands located on the property. Richard Lawrence, who has owned the property since 1999, and his son proposed building a 3,000-square foot single-family home on the property for Philip and his family.
On Sept. 21, 2023, ZBA members agreed unanimously to deny the request for any variance at the Lawrence property. Silas Little, who was ZBA chair at the tine, stated for the record that the application did not meet any of the five criteria needed for the approval of the variance: that the variance will not be contrary to the public interest, special conditions exist such that literal enforcement of the ordinance results in unnecessary hardship, the variance is consistent with the spirit of the ordinance, substantial justice is done and the variance must not diminish the value of the surrounding properties.
The ZBA stated that there are other places on the lot where Lawrences would be able to build another home without needing a variance. The ZBA also rejected their claim that the expense of a long driveway, which would be needed to access other places on the back lot, was a hardship necessitating the structure be built at the front of the lot.
Little stated in September 2023 that the Lawrences were aware of the configuration of the lot when they purchased it.
The Lawrences applied for a rehearing with the ZBA on Oct. 19, 2023. The ZBA denied the request for a rehearing at its Nov. 2 meeting, stating: “The motion for a rehearing is repetitive of the arguments previously made, to which the board disagreed.”