renovation/addition in a shorefront zone

[winterh]

I have a 1600 sq ft ranch that sits about 25 ft from the lake. About half the home is within the 50 ft setback and half outside or past it. Can I add a second floor within the 50 ft zone as long as I stay above the existing footprint. Are there volume restrictions? For example can a 1600 sq ft home be doubled to 3200 sq ft with a second floor as long as you stay in the footprint? The home is in Wolfeboro if that matters. I am aware of the rules for what % of the lot I can cover but am unsure about going up.

[Descant]

Each town has its own quirks. I'd start here
http://www.wolfeboronh.us/Pages/WolfeboroNH_Building/index

[Onshore]

You do not need a State-level Shoreland Protection permit if you don't need any excavation or filling and will stay within the existing footprint. Please note that if there are decks or porches between the lakeward side of the home and the shoreline the law prohibits closing them in and converting them to enclosed living space. If the home is not on sewer you should check in with the DES Subsurface Systems Bureau to see if you need any type of permitting for the septic system.

[Pineedles]

Interesting that this question, with a variant, arose last week among my cousins. The question is, if the cottage were to sustain damage, through trees falling or fire, heaven forbid, that required rebuilding, would it be possible to rebuild even though the original footprint was within 50' of the shoreline. One opinion was that it must be rebuilt outside of the 50' zone. The cottage is in Moultonborough. A link would be helpful if no one knows for sure. Thanks.

[winterh]

I know you can rebuild within the footprint. My question was could you make it larger (2nd floor) as long as footprint stays same. The answer to that is yes. Being an older home with a grandfathered footprint can add good value to a property even if the house itself needs work.

[camp guy]

The answer given by "Descant" is, essentially, all you need to know, at first, and then, if it is a go, you are golden, or, if the Town raises questions, you may need a professional to plead your case. The Code Enforcement Officer for the Town is the person you want to have actually come to your site, look at everything, and give you an answer. If you get into the job and all of a sudden somebody changes their mind you could be in a pickle. Get everything in writing, and take pictures.

[Onshore]

Interesting that this question, with a variant, arose last week among my cousins. The question is, if the cottage were to sustain damage, through trees falling or fire, heaven forbid, that required rebuilding, would it be possible to rebuild even though the original footprint was within 50' of the shoreline. One opinion was that it must be rebuilt outside of the 50' zone. The cottage is in Moultonborough. A link would be helpful if no one knows for sure. Thanks.

From Chapter Env-Wq 1400 otherwise known as the Shoreland Program Code of Administrative Rules:

Env-Wq 1408.01 Replacement of Pre-existing Nonconforming Primary Structures Damaged By Accidental Means.

(a) The owner of any pre-existing nonconforming primary structure damaged by accidental means who wishes to rebuild the structure in its existing location shall begin construction within 2 years of the date of the accident or such shorter period of time as is specified in local ordinances or regulations.
(b) For purposes of these rules, the time period specified in (a), above, shall not run during the pendency of any legal action that is intended to or has the effect of precluding the owner from rebuilding the structure.
(c) If the owner does not begin construction to replace the pre-existing nonconforming structure within the time period established in (a), above, any primary structure thereafter constructed shall conform to all applicable set-back requirements.

[Pineedles]

Thank you so much shore things. I appreciate the time it took for you to dig this up. I hope we never have to use it.

[ITD]

I think the can of worms that gets opened on a project like this is the septic system, which may be required to be upgraded to current codes. I say a can of worms because some properties may end up with tight tanks..... or so I've heard.