Richard Lawrence of Manchester and Francestown has filed an appeal with the state Housing Board after the Francestown ZBA denied an appeal for a rehearing on the request for a variance at Lawrence’s 13-acre property on Davis Lane.

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 have proposed to build a 3,000-square foot single-family home on the property.  

At the September hearing, ZBA Chair Silas Little explained that in order to obtain a variance on the back lot, the applicant must meet each of five criteria established by state law, that the variance will not be contrary to the public interest, that special conditions exist such that literal enforcement of the ordinance results in unnecessary hardship, that the variance is consistent with the spirit of the ordinance and that substantial justice is done and the variance must not diminish the value of the surrounding properties. The ZBA agreed unanimously to deny the request for any variance on the Lawrences’ Davis Lane property, with board members noting that buildings on other back lots had been approved within the zoning requirements, and that the applicant had not proven hardship.

Richard Lawrence and Philip Lawrence applied for a rehearing 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.” 

Jason Bielagus, attorney for Richard Lawrence and Philip Lawrence, said Tuesday that “The ZBA’s two decisions are in error and should be reversed.” The Lawrence’s appeal claims that the decision contained “errors in law,” stating  that the ZBA “prejudged the application.” The appeal also states that the board “erroneously relied on the state Supreme Court case ‘Town of Auburn vs. McEvoy’,” and states that the ZBA minutes are in error.   

The minutes of the Nov. 2 ZBA  meeting, responding to the appeal, state that “No board member considered the Auburn v. McEvoy decision in the disposition of the requested variance. Only Silas Little had read the case.” The minutes also state that the ZBA determined that minutes of the previous hearing were not in error. 

The Lawrences’ appeal includes a quote from a letter from the Francestown Conservation Committee stating that “The commission would prefer to see any development activity located more to the northerly end of the property in order to keep it away from this important habitat area.”  At the Nov. 2 meeting, the ZBA determined that “The Conservation Commission letter did not reflect the most current GRANIT mapping which showed the highest wildlife habitat within the 100-foot wetland buffer already cleared by Richard Lawrence.” 

The ZBA noted that the Lawrence back lot allows for an alternative siting of the structure, indicating no hardship in the refusal of the variance. The minutes state that “The applicant showed that the lot could be developed without the requested variance.” The ZBA rejected the expense of a long driveway as a reason for hardship. 

Diane Gelinas, whose lands abuts the Lawrences’, said the situation is very stressful. 

“When I bought the land 23 years ago, I was assured by the town and the Realtor that no one would ever build next to me, because they were both back lots. Richard Lawrence knew when he bought his land that it was a back lot. I was told no one would ever be able to build 100 feet from my front door,” Gelinas said. “This has been going on for over a year. They just should not be allowed to build in the front of the lot.”