[{"_1":2,"_99":-5,"_100":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6348945,"mediaKeyId","2239633-7c04953b46f41a0b0843cd0d692c0bfe","parentId",2239633,"title","ZBA grants equitable waiver for shipping containers at 119 Old Turnpike Road; city easement may require clearing","audioSeconds",2260,"startMs",2196000,"endMs",4456000,"viewUrl","/Search/View?dp=1&key=2239633-7c04953b46f41a0b0843cd0d692c0bfe&start=2196&end=4456","thumbnailUrl","https://assets.pipeline.soar.com/2239633-7c04953b46f41a0b0843cd0d692c0bfe/thumbnail_2196000.jpg","articleUrl","/articles/6348945/Concord/Merrimack-County/New-Hampshire/ZBA-grants-equitable-waiver-for-shipping-containers-at-119-Old-Turnpike-Road-city-easement-may-require-clearing","mediaUrl","https://secure.pipeline.soar.com/6348945-c5daee2d34a22623d63a0690089e62ce/orig.mp4?Expires=1770889852&Signature=aDAH8Kkki74zUe4nrc5UKW1YkXOg2jZlfm0AHKG2TIvbvitMBCVI2eLuLTsDax2VRSPqokHO0i7jv2eUW5aOaSsjec3T4CDZenoYDJ6kA65HB7SruDuXm94ay0ULcTWLsP2bMc214oo5e2dQRU3pC4OUTpc3RpDyNgN1w7n8lHN5~KfTItu26YyLBOXNsdVBzNGT1e8wyXF5wo3l6TiSnKEzjRuP~1fsSKuaVhNK~HTM36-qBpIzk7kPKMdm5ev99HLwbHwQmcAPTuEte3tRnYKQkVIv9luoDxv8hDXA3RMYTEZgwcd5uufGtCHfxuqEfb700SN8RuuVDVemlEhZGg__&Key-Pair-Id=KUT5TJCACFTXG","author","City Council of Concord NH","date","2025-02-06T00:39:44Z","article","The Concord Zoning Board of Adjustment granted an equitable waiver allowing 20 storage containers to remain inside required setback lines at 119 Old Turnpike Road, finding the encroachments met the ordinance’s post-facto waiver criteria while noting the city’s separate easement authority may require removal of containers that intrude on the sanitary sewer easement.

Applicant representatives told the board the property, owned by Cornerstone Realty Holdings LLC, was acquired with existing storage containers and a concrete retaining wall; a survey included in the packet showed roughly a 10-foot encroachment into the 25-foot side setback for much of the row and a very small encroachment into the 30-foot rear setback on one corner unit. The applicant said the earlier condition led the owner reasonably to believe the containers were allowed in that location and that moving 20 tightly stacked containers would be costly and risk damage.

The applicant asked the board to apply the city’s equitable-waiver criteria, saying the condition predated the current owner’s work, that the encroachment was a good‑faith error, that relocation would impose a disproportionate cost, and that there was no evidence the containers had diminished surrounding property values. Counsel said the owner could relocate containers if future utility access required it but argued there was no appreciable public benefit to forcing immediate removal.

City staff and the planning inspector disagreed with the applicant on at least one legal point: planning staff read the municipal definition of “structure” into the record and stated that storage containers meet that definition, meaning they are subject to setback requirements; staff also noted a sanitary-sewer easement runs diagonally across part of the parcel and that Engineering & General Services had requested that any access covers in the easement be cleared.

Board discussion weighed the fact that the retaining wall and some containers predated the owner’s improvements and that the encroachments were relatively modest in scale. Some board members expressed frustration that multiple, piecemeal code issues had arisen on the parcel, but most concluded the equitable-waiver criteria were met for the setback encroachments. The motion to grant the waiver passed; the board recorded a 4–1 vote with one member in the minority.

The board’s approval did not alter or remove the city’s independent authority to enforce easement terms; staff said Engineering and General Services had indicated the city expects the sanitary easement to be cleared if access is required. The applicant’s representative acknowledged the city’s authority and said the owner would cooperate if the city needed to access the easement.

The board adopted the applicant’s proposed findings as the board’s factual findings when it voted to grant the equitable waiver.","mediaType","Video","parentTitle","Zoning Board Meeting - 2/5/25","oneSentenceSummary","The Concord Zoning Board of Adjustment granted an equitable waiver allowing storage containers to remain inside setback lines at 119 Old Turnpike Road while noting the city may require removal for access to a sanitary sewer easement.","taxTitle","Concord, Merrimack County , New Hampshire","taxId",52782,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6348950,"ZBA recesses 1115 Pierce Street rooming-house hearing after police, fire logs are requested",1310,728000,2038000,"/Search/View?dp=1&key=2239633-7c04953b46f41a0b0843cd0d692c0bfe&start=728&end=2038","https://assets.pipeline.soar.com/2239633-7c04953b46f41a0b0843cd0d692c0bfe/thumbnail_728000.jpg","/articles/6348950/Concord/Merrimack-County/New-Hampshire/ZBA-recesses-1115-Pierce-Street-rooming-house-hearing-after-police-fire-logs-are-requested","https://secure.pipeline.soar.com/6348950-cad9631d7c5b462ddaaa26abc552a0ad/orig.mp4?Expires=1770889852&Signature=JICv-zVEgAq105qq389Xlta9h-UwXVy3fWEGinUjwg5JwSxGua9XZSfEotVysu-3X1I8XpO3RsGb26mRLL7ehKW9OOacVWie1jip7brCcopZjq4nDJK88BIjpnD0xRmEce4sDrauw2Rht6DflA0xuv0I1UaQXaIMyvuEwAMzaVur8CCyKyQ1kwmmjrcazKtn7yv0Sjgd0xNO06BsuGIbWM9-gNgf6xCwv11CDnMmQ4kvj8rDjBygAueFqm4E4whwE4P0lMQS7C-3-zO5pKa2qLPly0NiVY5r5M6-ZObbpkfSPksxglqjpl3QyiVlpAcITF9FfufC0ARn5tFVM7MK6g__&Key-Pair-Id=KUT5TJCACFTXG","The Concord Zoning Board of Adjustment recessed action on a special-exception request for a rooming house at 1115 Pierce Street, saying the board wanted dated police and fire-call records before making a determination.

The board paused the hearing after staff reported the police department logged eight calls at the address in 2023 and six in 2024. Planning staff also summarized fire/medical activity, saying there were three medical calls in 2023 and four in 2024; the 2024 entries also include five fire responses and one report of a gas odor. Applicant counsel said the owner believes service calls have declined since purchase and asked for a continuance so the applicant can provide dated incident logs for 2023 and 2024.

Board members debated whether the requested occupancy — described in earlier testimony as up to 20 people across the duplex — would produce an undue demand for municipal services. One board member said, “20 people, you know, 2 to a room is just too many,” and others noted the zoning supplemental standard that a rooming house “shall have facilities to accommodate no more than 10 individuals inclusive of a resident manager or resident family.” Members also discussed whether the duplex should be treated as two separate dwelling units for the 10-person limit.

After discussion, the board voted to table the item for one month to allow staff and the applicant to provide the requested logs. The board asked the police department to provide incident dates and, if possible, short incident summaries for the 2023–2024 calls so the board can see any trend in service demand. The applicant told the board: “we'd ask for a continuance to the March to be able to present that.”

The public-records process for police logs was discussed on the record; staff noted some of the requested material may come through as a standard public-records response and that applicants sometimes request the same documents. A nearby resident who said he made a complaint about the property described equipment and vehicle noise and the removal of trees that had previously screened the site; staff advised him on the appropriate complaint process.

The public testimony portion was closed and the board recessed the hearing to the next monthly meeting to allow inclusion of the dated incident records in the hearing packet. No final decision on the special exception was made at this meeting.

The board directed staff to include the incident dates and available narrative summaries in the March packet; the applicant indicated it had requested the logs as well.","The Concord Zoning Board of Adjustment recessed action on a request to operate a rooming house at 1115 Pierce Street after board members and the applicant asked for dated police and fire-call logs; the applicant requested a continuance to present that information at a March meeting.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6348940,"ZBA allows frontage to be measured across two streets to enable Steeplegate subdivision; Onyx project moves forward",1141,4545000,5686000,"/Search/View?dp=1&key=2239633-7c04953b46f41a0b0843cd0d692c0bfe&start=4545&end=5686","https://assets.pipeline.soar.com/2239633-7c04953b46f41a0b0843cd0d692c0bfe/thumbnail_4545000.jpg","/articles/6348940/Concord/Merrimack-County/New-Hampshire/ZBA-allows-frontage-to-be-measured-across-two-streets-to-enable-Steeplegate-subdivision-Onyx-project-moves-forward","https://secure.pipeline.soar.com/6348940-abb7a3e8553d79aab10326febffc3e7e/orig.mp4?Expires=1770889852&Signature=Pqax9yIuMW-5xMBhWEp8wTvr18p3RFUQtqidtjFbVT9HdHA3Nj9-AXamAKRIEXmKj-at30RT8Tud8dYFijcUEZae0yKLISUIfCH91UTpOlom8SfYVPefu1PMNtx1hd~foj9kJOHceY1hfcnDpq4CT6j4K5wY-jWclvyKkJWvgSentqQIeyKbT2kgeKyE9no7VaatMzdNILKg3h~LJqJ8ysiMj4Oj6IbTsA72N9UfBYnbKaXBqMbdxBxLGkd~mRBywhE~pT4chv6odQ~66kAmag9aA1PZp9REh23yR-tbqsQkSTJ7IL-Vc4Hi6L3G3li4hT5AVMpJN9yLwR1TF9XUFg__&Key-Pair-Id=KUT5TJCACFTXG","The Concord Zoning Board of Adjustment approved a variance allowing frontage to be derived from two adjoining streets for two parcels in the Steeplegate area, clearing a procedural hurdle so the parcels — one currently occupied by TD Bank at 277 Sheep Davis Road and one occupied by Applebee’s at 260 Loudoun Road — can be subdivided as part of a larger redevelopment plan.

Attorney Emily Gehring, representing Onyx Partners and affiliated entities, and engineer Ian McKinnon described the proposal as a subdivision of land-condominium parcels to create three separate lots under independent ownership. Gehring told the board the two corner lots exceed the ordinance’s 300-foot minimum frontage if the measurement follows the continuous pavement around a corner, but under the technical wording of the ordinance frontage must be measured on “one continuous unbroken line on one street.” The applicant asked the board to allow measurement across two streets so the lots would meet the minimum without reconfiguring existing parking, drive aisles and established accesses.

Board members said the practical purpose of the frontage rule — ensuring safe access and limiting overdevelopment — would be met in this case because the lots already have adequate access, parking, and circulation. A board member noted the rule’s drafting likely aimed to prevent contrived lot shapes that could evade frontage requirements, but that this project was not an attempt to circumvent rules. The board approved the variance and adopted the applicant’s proposed findings as the board’s findings of fact; the vote on the motion was recorded as unanimous.

Officials said the approval removes a technical barrier to subdividing and transferring individual parcels within the Steeplegate redevelopment and will allow the applicant to proceed with ownership and site-plan steps needed for the broader redevelopment scheme.","The ZBA approved a variance to let two parcels within the Steeplegate area have frontage measured from two adjoining streets so the parcels can be subdivided for redevelopment; the board found the lots already meet the practical frontage requirement and the variance facilitates an ongoing revitalization project.","actionData","errors"]

Article not found

ZBA grants equitable waiver for shipping containers at 119 Old Turnpike Road; city easement may require clearing

ZBA recesses 1115 Pierce Street rooming-house hearing after police, fire logs are requested

ZBA allows frontage to be measured across two streets to enable Steeplegate subdivision; Onyx project moves forward