City Works is a regular feature which endeavors to provide a preview of projects coming before the Planning Board, Zoning Board and Heritage Commission by posting agendas and relevant information to keep the public informed about what is happening.
This week, we are tackling the Zoning Board. Manchester’s Zoning Board of Adjustments (ZBA) is “quasi-judicial,” which essentially means they are given the legal status to hold public hearings and make decisions to vary the provisions in the Zoning Ordinance.
The ZBA is authorized to grant a request for a variance only when it finds that the following five criteria have been demonstrated:
- The variance will not be contrary to the public interest;
- The spirit of the ordinance is observed;
- Substantial justice is done;
- The values of surrounding properties are not diminished;
- Literal enforcement of the provisions of the ordinance would result in an unnecessary hardship.
To learn more about the Zoning Board, this is a great place to start: Zoning Board (manchesternh.gov)
Did you know you could review a copy of Manchester’s Zoning Ordinances on-line? Zoning Ordinance (manchesternh.gov)
Next Zoning Board of Adjustments hearing: Thursday, January 14 at 6 p.m.
Similar to the Planning Board, these meetings are being held on-line to adhere to COVID protocols and can be accessed by tuning into Channel 22 on your television or on-line: PEG Channel 22 | manchestertv
While the complete agenda for this month’s meeting can be found here, 2021-01-14_ZBA_AGENDA.PDF (manchesternh.gov), below are a few items that may be of interest to the community at large.
241 Candia Road, R-1B Zoning District (ZBA2020-122)
Applicant proposes to maintain five parking spaces, where one space is within 4 feet of the side lot line, where there is no screening between the residential property to the east, where there are stacked parking spaces, and where parking spaces require backing out into a public way, as well as locate a dumpster within the rear and street yard setbacks on a corner lot and seeks a variance from sections 10.09(B) Parking Setbacks, 10.06(A) Parking Layout, 10.07(D) Parking Maneuvering, 10.07(K)4 Parking Screening, 10.07(G) Landscaping and 8.29(A)3 Accessory Structures and Uses Ordinance of the City of Manchester, New Hampshire, as per documents submitted through October 29, 2020.
Application detail: Additional detail not available at this time.
482 Reservoir Avenue and 730 Mammoth Road, R1B-Residential One Family District (ZBA2020-116). Applicant proposes to subdivide the subject parcel and on Lot 4, convert the existing retail dive shop to a dwelling unit resulting in a three-family dwelling on the lot and maintain reconfigured parking spaces, without parking screening, bumpers, six undersized parking spaces and a reduced landscape buffer at the proposed lot line as well as relocating a dumpster to the front yard with and 8-foot fence enclosure and seeks a variance from: sections: 5.10(A)6 Multifamily dwelling, 6.01 Minimum Buildable Lot Area, 6.02 Minimum Lot frontage and Width (2 counts), 6.03(C) Side Yard Setback, 10.06(A) Parking Layout, 10.09(B) Parking Setbacks, 10.07(K)4 Parking Screening, 10.07(K)1 Parking Bumpers,10.07(G) Landscaping, 8.29(A)1 Accessory Structures and Uses and 8.27(B) Fences Walls of the Zoning Ordinance of the City of Manchester, New Hampshire, as per documents submitted through November 30, 2020.
Application detail: 2021-01-14_ZBA2020-116-NEW_PLAN-482_RESERVOIR_AVENUE.PDF (manchesternh.gov)
970 Gold Street, B-2-General Business District (ZBA2020-136)
Applicant proposes to maintain existing pavement for a new use of auto sales with lot coverage is 91.7 percent where 75 percent is allowed, with driveway widths of 53.2’ and 42.9’ where 36’ is allowed, with one driveway within 10’ from a side lot line, with pavement other than site access within 10’ of the street lot line, with parking and display spaces without a 10’ landscaped buffer and without parking bumpers and seeks a variance from sections 6.04 Lot Coverage, 8.17(B) Driveways for Automotive Uses (3 counts), 10.07(G) Landscaping and 10.07(K)1 Parking Bumpers of the Zoning Ordinance of the City of Manchester, New Hampshire, as per documents submitted through December 17, 2020.
Application detail: 2021-01-14_ZBA2020-136-970_GOLD_STREET.PDF (manchesternh.gov)
9 Willow Street, RDV-Redevelopment Zoning District, Mixed Use (ZBA2021-001)
Applicant proposes to request a one-year extension of variance case ZBA2019-010, which was granted February 14, 2019, to redevelop an existing site with a convenience store and gas pumps by demolishing the existing convenience store and constructing a new 2,202 SF convenience store with a drive-thru restaurant, with lot coverage of 89.5 percent where 85 percnet is allowed, with 7 stacking spaces for the drive-thru restaurant where 10 are required, with 6 stacking spaces for the fuel pumps where 9 are required, with a driveway closer than 20’ from an intersecting street lot line, with two driveways having widths of 45.9’ and 36’ where 24’ is allowed, with no perimeter landscaping around the parking area where 10’ of landscaping is required, with parking spaces within 10’ of the property line, and with two January 14, 2021 Zoning Board drive isles with less than required width and seeks a variance from sections 6.04 Lot
Coverage, 10.06 (A) Parking Layout, 10.07(G) Landscaping, 10.08(A) Driveways Location and10.09(A) Parking Setbacks of the Zoning Ordinance of the City of Manchester, New Hampshire, as per documents submitted through December 18, 2020.
908 Hanover Street, R-1B Zoning District (ZBA2020-137)
Applicant proposes to establish two beauty salon uses in units 3 and 4 of 908 Hanover Street and maintain a shed in the common area side yard with a 5-foot side yard setback where 20 feet is required and seeks a variance from sections 5.10(H-6)3 Beauty and Barber Shops and 8.29(A)2 Accessory Structures and Uses of the Zoning Ordinance of the City of Manchester, New Hampshire, as per documents submitted through December 21, 2020.
Application detail: 2021-01-14_ZBA2020-137-908_HANOVER_STREET.PDF (manchesternh.gov)
150 Amory Street, B-1 Neighborhood Business Zoning District (ZBA2020-138)
Applicant proposes to construct a 10’ x 12’ freezer addition for a take-out restaurant with a 5.1’ rear yard setback where 10’ is required, and maintain existing parking configuration with lot coverage of 97% where 85% is allowed, with parking spaces with no parking bumpers, with angled spaces not exiting in the direction of travel, with a drive aisle 18’ wide where 20’ is required, without the required 10’ landscaped buffer around the parking area and with the driveway location less than 20’ from an intersecting street and seeks a variance from sections 6.03(B) Rear Yard Setback, 6.04 Lot Coverage, 10.07(K)1 Parking Bumpers, 10.07(D) Parking Maneuvering, 10.06(A) Parking Layout, 10.07(G) Landscaping, and 10.08(A) Driveway Location of the Zoning Ordinance of the City of Manchester, New Hampshire, as per documents submitted through January 4, 2021.
Application detail: 2021-01-14_ZBA2020-138-150_AMORY_STREET.PDF (manchesternh.gov)
216 Elm Street, CBD-Central Business Zoning District (ZBA2020-139)
Applicant proposes to add a drive-through window and bypass lane for a restaurant (Dunkin Donuts) and seeks a variance from section 5.10(G)6 All Establishments with Drive Through Service of the Zoning Ordinance of the City of Manchester, New Hampshire, as per documents submitted through January 4, 2021.
Application detail: 2021-01-14_ZBA2020-139-216_ELM_STREET.PDF (manchesternh.gov)
Due to the emergency orders issued by the Governor as well as the guidance of public health officials, there will be no physical location in which to attend the meeting. PUBLIC COMMENTS may be submitted at any time up to the close of the public hearing for each case by email sent to ZBA@manchesternh.gov or a voice message called into (603) 792-6736. All comments must include your name and address and the case number. It is recommended that public comment be submitted by email, however you may also attend the meeting through our webinar software by sending an email to the aforementioned address on the day of the meeting and requesting an invitation to participate.
June Trisciani is a lifelong resident of Manchester, small business owner and currently serves as vice-chair of the Planning Board.