Development News for Goffstown, New Hampshire

Goffstown ZBA Grants Variance for ADU on Non-Conforming Lot Amidst State Law Debate

The Goffstown Zoning Board of Adjustment considered a variance request from Sandra Brown Revocable Trust and Lawrence Brown for an accessory dwelling unit (ADU) and garage addition at 521 Mountain Road. The primary issue was the lot's non-conforming size (1.25 acres) relative to the 5-acre minimum requirement in the conservation and open space zone. The applicant argued the lot was a lot of record and grandfathered, and that the proposed addition would not negatively impact surrounding properties. The board discussed the interpretation of state legislation (HB577 and RSA 674:71-783) regarding ADUs, which suggests municipalities cannot add lot size requirements beyond those for single-family dwellings. The board debated whether the ordinance's lot size requirement for ADUs conflicted with state law and whether the hardship stemmed from the ordinance itself rather than the applicant's actions. Ultimately, the board granted the variance, citing the ordinance as the hardship and affirming that the ADU met other requirements and did not exceed 950 sq ft.