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Zoning board denies variance to convert 38–40 Franklin St. into three units
Summary
The Somersworth Zoning Board denied a variance request to allow a third dwelling unit at 38–40 Franklin Street, citing parking and hardship criteria; the motion to deny passed 3–2.
The Somersworth Zoning Board on April 2025 denied a variance request that would have allowed the conversion of an existing two‑unit building at 38–40 Franklin Street into a three‑unit dwelling, voting 3–2.
The board considered a staff report that said the lot is approximately 0.11 acres (4,791.6 square feet) with 60 feet of frontage in the R‑3 residential district and that multi‑unit dwellings are a permitted use in the district but that the property lacks the required lot size and frontage listed in Table 5.a.1. The applicant, represented by attorney Brian Barrington, asked the board to allow a third unit using existing interior space, arguing the building is pre‑existing and would provide affordable housing.
The cases’ opponents highlighted parking, stormwater and property condition concerns during the public hearing. Greg Mahanna, who described himself as an owner of multifamily properties and an indirect abutter, told the board he believed the building was already an illegal three‑unit when the current owner bought it and said, “So now he's asking for forgiveness because he bought something without doing his own due diligence.” Mahanna also told the board he currently contends with runoff from the subject property and said any additional work could worsen drainage into his basement.
Board discussion focused on the five variance criteria, especially the spirit of the ordinance (density controls) and the hardship requirement. Planning staff explained parking rules: duplexes require two spaces per unit (four total) and a conversion to a three‑family use would trigger site‑plan review and a 1.5‑spaces‑per‑unit standard (five spaces when rounded). Board members said the property does not present unique circumstances that meet the hardship test and that approving a third unit would further increase density in an already dense area.
After deliberation, board member Brad Fredette moved to deny the variance, and the motion was seconded. The motion carried 3–2 and the variance was denied.
No action followed from the board to require remediation or changes to the property; planning and code enforcement remain the channels for addressing building‑code or site‑condition issues raised during the hearing.
