Town of Wolfeboro, NH Use Districts

[Amended 3-9-2010 ATM by Arts. 3, 5, 7; 3-8-2011 ATM by Art. 6; 3-13-2012 ATM by Art. 7; 3-11-2014 ATM by Art. 3]

The following descriptions of land establish the boundaries of zoning districts. These written descriptions take precedent over any graphic representation that may be produced. The boundaries between districts are, unless otherwise indicated, the center lines of streets, alleys, waterways, or such lines extended.

Extension of districts.

(1)

When a district boundary divides a lot of record existing as of March 12, 1963, the regulations for the less restricted portion of such a lot apply to the more restricted portion of the lot within 25 feet of the district boundary.

(2)

For lots of record existing as of March 10, 1992, which are divided by a district boundary and lie partially within one of the designated commercial districts, the Zoning Board of Adjustment may, through the grant of special exception, permit the use of the less restricted lot area in the more restricted portion of the lot within 25 to 100 feet of the district boundary. Such special exceptions shall not be granted within the Shore Front Residential District. The Zoning Board of Adjustment may impose conditions as deemed necessary to assure the compatibility of the use of adjacent lots, including but not limited to: increased structural and use setbacks, pedestrian and vehicle access connections; landscaped buffer areas; and noise and visual barriers.

Descriptions.

(1)

Municipal watershed (MW): all that land situated in the Upper Beech Pond Watershed.

(2)

Shore Front Residential (SFR): all islands and all lake or pond shore front property to a depth of 300 feet from the mean high-water mark with the exception of the Commercial Districts, the Upper Beech Pond shore frontage and the area bounded by the shore of Lake Wentworth from the intersection of the southern boundary of the right-of-way of the Wolfeboro Railroad and the southwestern boundary of Lot 175-35 northeasterly to Fernald Brook (the northeastern boundary of Lot 149-5); thence northerly along said brook to the said railroad right-of-way, thence southwesterly along said railroad to the point of beginning, which area shall be all the Shore Front Residential District along this section of Lake Wentworth.[1]

[1]

Editor's Note: This subsection was amended pursuant to ATM, which deleted the use and dimensional requirements for the Shore Front Resort Residential District.

(3)

Village Residential District (VR): All parcels serviced by both Town Sewer and Water and not zoned commercial or shorefront residential, and as depicted on the Zoning Map.

(4)

Residential District (R): the parcels serviced by only Town water and not zoned Commercial or Shorefront Residential, and as depicted on the Zoning Map.

(5)

General Residential District (GR).

(6)

Rural Residential District (RR): the land area between the two-and-one-half-mile arc from the center of the village and the Agricultural District, without services of public sewer and water and contains all land except the Commercial District, the Shore Front Residential District, situated 500 feet northeasterly of and parallel to North Line Road and NH109 E and extending from the Brookfield Town line northwesterly to the Tuftonboro Town line.

(7)

Central Business District (CBD): the land area bounded as follows: beginning at a point on South Main Street opposite the boundary between Lot 217-85 and Lot 217-84; thence running southerly along said boundary to the shore of Lake Winnipesaukee; thence northerly and northwesterly along the lake to and across Smith River; thence continuing along the lake to the boundary between Lot 217-129 and Lot 217-126; thence northeasterly along said boundary and that between Lot 217-128 and Lot 217-122 to Lot 217-127; thence northeasterly then northwesterly along the boundary between Lot 217-128 and Lot 217-127 to Sewall Road; thence northeasterly along Sewall Road to North Main Street; thence southeasterly along North Main Street to a point opposite the northwesterly boundary of Lot 217-11; thence northeasterly along the boundary between Lot 217-11 and Lot 217-10, along said boundary of Lot 217-11 and Lot 217-12; thence westerly along the boundary between Lot 217-10 and Lot 217-13, thence northeasterly between Lot 217-9 and Lots 217-13, 217-14, 217-15 and 217-16 and between Lot 217-18 and Lots 217-16 and 217 to Mill Street then continuing northeasterly Lots 217-21 and 217-22, thence northwesterly between Lots 217-22 and 217-23, thence northeasterly between Lots 203-75 and 217-23 to the Clow's Brook and heading easterly along the thread of the brook to Back Bay, thence easterly along across Back Bay; thence southeasterly along the boundary between Lots 204-18 and 217-46, thence easterly across the Bridge Falls Path to the northeasterly boundary of Lot 217-47, thence northeasterly between Lot 204-17 and Lots 217-47, 217-48, 203-74 and 204-36, then southwesterly along the northern boundary of Lot 204-36 (drainage channel), thence easterly along the boundary between Lot 218-15 and Lots 204-42 and 204-43, thence easterly across Center Street to the boundary between Lots 204-44 and 218-17, thence easterly, northeasterly and southwesterly along the northern boundary of Lot 218-17, thence southerly on the boundary between Lot 218-17 and Lots 204-99 and 218-29, thence on the boundary between Lots 218-17 and 218-27 to Pine Street, thence westerly along Pine Street to the boundary between Lots 218-98 and 218-99, thence along the boundary between Lot 218-97 and Lots 218-99, 218-100, 218-101, 218-102, thence westerly along South Main street to the point at the beginning.

(8)

South Wolfeboro Limited Business District (SW): the land area bounded as follows: beginning on South Main Street (Rte. 28) and in South Wolfeboro at the northeast corner of Lot 260-37; thence westerly along said boundary; thence southerly along said boundary and between Lots 260-37 and Lots 260-47; thence southerly along the western boundary of Lot 260-36; thence southerly along the western boundary of Lot 260-35; thence southerly along the western boundary of Lot 260-34; thence westerly on the northern boundary of Lot 260-33; thence southerly along the western boundary of 260-33 and 260-32; thence westerly along the northern boundary of Lot 260-16; thence south southeasterly along the western boundary of 260-16 to the northern corner of Lot 260-15; thence southwesterly along the northwest boundary of Lots 260-15 and 13; thence southeasterly along the southwest boundary of 260-13; thence northeasterly along the southwest boundary of 260-13; thence southeasterly along the southwest boundary of Lot 260-89 and 87; thence northeasterly along the southeast boundary Lot 260-87 and 86; thence southeasterly along the southwest boundary of lot 260-82, thence northeasterly along the southeast boundary of 260-82; thence northeasterly along the southeast boundary of Lot 260-76; thence northwesterly along the northeast boundary of Lot 260-76, 75, 74, 73, 72 and 71; thence easterly along the southerly boundary of Lot 260-68; thence northerly along the easterly boundary of Lot 260-68 and 67, thence westerly along the northerly boundary of Lot 260-67 and across Rte. 28 to the easterly boundary of Lot 260-32; thence northerly along the easterly boundary of 260-33, 34, 35, 36, and 37 to the point of beginning.

(9)

Bay Street Limited Business District (BSLBD): the land area bounded as follows: beginning on Bay Street at the Clow's Brook culvert and heading easterly along the thread of the brook to Back Bay; thence northeasterly along the Back Bay property boundary of Lot 203-73, 68, 67, 65, 64, 63, 62, 61, 60, 59, 58, 27 and 190-9; thence northeasterly along the southeastern boundary of Lot 190-9 and 204-4; thence northwesterly along the northeasterly boundary of Lot 190-9 to Bay Street; thence northeasterly along the southeast boundary of Lot 190-12, 13, 14, 15, 16, and 17; thence north along the eastern boundary of Lot 190-017, 18, and 19; thence west southwesterly along the north boundary of Lots 190-019 and Lot 190-106; thence running a straight line to the northerlymost corner of Lot 190-15; thence southwesterly along the northern boundary of Lot 190-15 and 189-011 to the northerly line of 203-047; thence westerly along the north line of 203-047 to the easterly boundary of 189-009; thence northeasterly to the northeast corner of 189-089; thence northwesterly around the 2020 boundary of 189-90 to its intersection with the easterly boundary of 189-008; thence around the perimeter of the 2020 boundary of 189-008 to the northwesterly corner of 203-015 thence southwesterly along the rear lines of 203-015, 203-014, and 203-013 to the northern line of 03-011; thence around the perimeter of the 2020 203-011 parcel to Filter Bed Road, thence southwesterly to the northerly line of 203-010; thence westerly to the northwestern corner of 203-010; thence southwesterly along the westerly line of 203-10 and 203-009 thence northwesterly to the northwesternmost corner of 203-008; thence southeasterly to the southeasternmost corner of 203-008 and continuing southeasterly along the southerly line of 203-019 and 203-020 to the westerly line of 203-080; thence south, southwesterly to the southwestern corner of 203-080; thence southeasterly to the southeasternmost corner of 203-080; thence northwesterly to the southwesternmost corner of 2003-078; thence southeasterly along the lines of 203-078, 203-077 and 203-076 to the western line of 217-019; thence southeasterly across 217-019 and 217-018 to the western edge of 217-016; thence north along the westerly edge of 217-016 and 217-017 to Mill Street; thence southeasterly to the easterly edge of 217-021; thence northwesterly to the southerly edge of 217-23-D; thence northwesterly along the northly edge of 217-021 to the easterly side of 203-075; thence northeasterly along the easterly side of 203-075 to the point at the beginning.

[Amended 3-12-2019 ATM by Art. 8; 3-8-2022 ATM by Art. 8]

(10)

Center Street/Rte. 28 Mixed-Use Business District shall also include all land at the intersection of Route 28, Route 109, and North Line Road (Wolfeboro Center) commencing at a point in the center of North Line Road opposite the southwestern corner of Lot 116-1 (Keniston property) thence running northeasterly to and along the northwestern boundary of said lot to a point 200 feet from the center line of said road; thence turning and running southeasterly parallel to and 200 feet from North Line Road to and across Route 28 to and along the northeastern boundary of Lot 133-30 (French property), maintaining a two-hundred-foot perpendicular distance from the center line of Route 109, to the boundary between said Lot 133-30 and Lot 133-29 (Wolfeboro Center Church property, so-called); thence running southwesterly along said boundary to the center line of Route 109; thence running southeasterly along said center line to and across the Boston and Maine Railroad property to its southeastern boundary; thence southwesterly along said Railroad boundary to a point opposite the end of the stone wall dividing Lot 132-14 (Kinville property) from Lot 148-16 (Beach property); thence northwesterly across the said Railroad's property to and along said stone wall to and across Route 28 to the southwestern corner of Lot 132-7 (Bly property); thence northwesterly, northerly, and northeasterly along said lot boundary to the southwestern boundary of Lot 132-8 (Parson's property); thence northwesterly and northerly along said boundary and a stone wall to another stone wall dividing said lot and Lot 115-8 (Chandler property); thence easterly along said stone wall to the point where the northwestern boundary of Lot 115-6 (Glidden property) meets said stone wall; thence northeasterly along the said boundary of Lot 115-6 to North Line Road and the point begun at. (Changed from Business District 1B, 1985) (Tax numbers are as of January 1, 1983)

(11)

Center Street/Rte. 28 Mixed-Use Business District shall also include all land within the following described boundary being the property known as "North Conway Lumber" and being a certain tract or parcel of land situated in Wolfeboro, County of Carroll, State of New Hampshire as depicted on a plan entitled "Plan of Land for Charles H., Earl J. Smith and Richard Kourian," prepared by White Mountain Survey and Engineering and dated January 16, 1981, said parcel being more particularly bounded and described as follows: "Beginning at an aluminum White Mountain Survey & Engineering disc set on the southerly sideline of N.H. Route 28 at land now or formerly of Hanes A. and Tirzah B. Cooney, said disc being approximately situated at station 16+087.13 of State of New Hampshire TLR project #14184 highway plan sheet 12 of 96 and which disc further marks the northerly corner of the herein described; thence south S33° 57 16E 545.55 feet along said land of Cooney and blazed line to an aluminum White Mountain Survey & Engineering disc at land now or formerly of Wolfeborough Railroad, said disc being 33.00 feet northerly of the center line of said Railroad's tracks; thence south S29° 36 13W 516.66 feet along said land of Wolfeboro Railroad, maintaining said 33.00 feet from said center line to an iron pipe at land now or formerly of Allen A. Realty, Inc.; thence north N70° 09 11W 137.07 feet along said land of Allen A. Realty, Inc. and blazed line to an iron pipe; thence north N38° 14 41W 600.36 feet along said land of Allen A. Realty, Inc. and blazed line to an aluminum White Mountain Survey & Engineering disc on the southerly side line of said N.H. Route 28; thence in a general easterly direction 79.98 feet along the arc of a curve to the right having a radius of 5,689.00 feet and along said Route 28 to a concrete N.H. Highway Department bound; thence N80° 29 14E 609.73 feet along said Route 28 to an aluminum White Mountain Survey & Engineering disc set at land now or formerly of Cooney, being the point of beginning. Containing 8.351 acres or 3.38 hectares, both being the same more or less."

(12)

Pine Hill Road Development District Pine Hill Road: beginning at a point being the southernmost corner of Lot 190-22; thence northerly along the center line of Pine Hill Road to Lot 161-14-2; 161-14-3, thence on the boundary between Lot 161-16 and Lots 161-14-3, 175-11 thence on the boundary between Lot 189-8 and Lot 175-11 thence on the boundary between Lot 175-12 and Lots 175-11 and 190-26, thence on the boundary between Lots 189-1 and 190-26, thence on the boundary between Lots 203-47 and 190-26, thence on the boundary between Lot 190-26 and Lots 189-11, and 190-15, thence on the boundary between Lot 190-20 and Lots 190-25, 190-24 and 190-22 to the point of beginning.

(13)

Wolfeboro Falls Limited Business District the land area bounded as follows: beginning at a point along the eastern shore of Back Bay at the boundary between TM No. 204-10 and TM No. 204-11; thence southeasterly along said boundary to Elm Street; thence southerly along Elm Street to Center Street; thence northeasterly along Center Street to a point at the boundary between TM No. 204-60 and TM No. 204-64; thence southeasterly along said boundary and then along the boundary between TM No. 204-61 and TM No. 204-62 to the Wolfeborough Railroad right-of-way; thence northeasterly along said right-of-way to River Street; thence easterly along River Street to the eastern boundary of Lot 204-87; thence southeasterly along said boundary to Smith River; thence easterly along Smith River to a point Lot 204-55 and Lot 204-98; thence southwesterly along said boundary and Lot 204-46 to the southern point of said boundary, thence westerly along the southern boundaries of Lots 204-46, 204-45, and 204-44, thence across Center Street to the southern boundary of Lot 204-43, thence westerly along the southern boundary of Lots 204-43, 204-42, 204-41-204-40, 204-39, 204-38, 204-37, 204-35 to 204-18 (the bridge falls path), thence along the southeastern thence southern boundary of Lot 204-18 to Back Bay, thence northeasterly along the shore boundaries of Lots 204-18, 204-17, 204-15, 204-12 and 204-11 to the point of beginning, as depicted on the Zoning Map.

(14)

Residential/Agricultural District: all that land in Wolfeboro situated northeasterly of the General Rural Residential Districts with the exception of the Municipal Watershed District and the lands contained in the Cotton Mountain Historic-Agricultural District.

(15)

Cotton Mountain Historic-Agricultural District: The area of this district is restricted to a setback of 250 feet from the center line on each side of the following roads as they are shown on the Zoning Map:

(a)

Stoneham Road from the Brookfield Town line to Stoddard Road, excluding that area already included in the North Wolfeboro Historic District.

(b)

Jenness Farm Road from Stoneham Road to Cotton Valley Road excluding Tax Map 18, Block 9, Lots 2, 3, and 4 (New Tax Map 137, Lots 4, 3, and 2). (Note: This subsection was amended by the Board of Selectmen 4-25-2007 to change "Dallas Road" to "Jenness Farm Road.")

(c)

The North Wakefield Road from Stoneham Road to the Wakefield Town line.