Lyndeborough Zoning Board approves plan for second accessory dwelling unit

Arnold Byam, left, requests approval of second ADU on his property from Lyndeborough’s ZBA, including members Howard Ray, Jonathan Lavoie and Lisa Post. —STAFF PHOTO BY DAVID ALLEN
Published: 01-16-2025 11:10 AM
Modified: 01-16-2025 11:48 AM |
Despite opposition, the Lyndeborough Zoning Board of Adjustment voted Monday after a two-hour discussion to allow a resident to proceed with plans for a second accessory dwelling unit on his property.
Arnold Byam presented his plan for a septic design to accommodate a third structure on Old Temple Road. Byam’s 96-acre property includes a single-family house and a garage with an apartment over the bays. A third structure formerly served as office space, and Byam was seeking ZBA approval of septic plans for another residential space.
“We can’t do that unless you want to subdivide your property,” said ZBA chair Richard Roy.
Byam said that subdividing his property would involve some hardship costs.
“Its not a hardship to get the property surveyed,” said board member and state Rep. Lisa Post, who expressed concern about the proliferation of more ADUs on properties.
“Once this snowball starts… .” said Post.
New Hampshire Housing defines an ADU as “a residential living unit that is within or attached to a single-family dwelling, and that provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation.” Lyndeborough Code Enforcement officer Leo Trudeau said Concord has not spoken on ADU restrictions statewide.
“The legislature tabled a bill to allow more than one ADU on a property. I’d caution the board against setting a precedent,” said Trudeau.
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Jay Minkarah of the Nashua Regional Planning Commission responded, “If you did allow (a second ADU on the property) it would not be in violation of state law.”
“As long as we're not in violation of state law, I’m fine with this,” said alternate board member Howard Ray.
Trudeau said that the first ADU on the property was established “without the town’s blessing.” Byam responded that indeed, the first ADU has been in use since 1999.
“And there’s been no problem with it,” said board member Ray Humphreys.
The board ultimately voted unanimously to approve the variance, “conditional upon code compliance.”