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Manchester Zoning Board approves variances, lot adjustments and conversions in March meeting

2772685 · March 13, 2025
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Summary

The Manchester Zoning Board of Adjustment approved variances for multiple properties on issues including setback relief, equitable waivers, lot-line adjustments and conversions of commercial space to housing during its March 2025 meeting.

The Manchester Zoning Board of Adjustment voted on a slate of zoning petitions on the March 2025 agenda, approving setback variances, an equitable waiver, a lot-line adjustment and several conversions that local officials and applicants said will allow repairs, safe egress, parking and additional housing.

The board granted relief for a range of requests including front- and side-yard setback variances at 155 Oak Street (ZBA2020-4137), combined equitable-waiver and variance relief at 208 Megan Drive (ZBA2020-4147), a conversion of two first-floor commercial spaces to residential units at 26–30 Massabesic Street (ZBA2025-004), additional units at 37–41 Manchester Street (ZBA2025-006), a pair of single-family lots created by a lot-line adjustment on Erie and Boynton streets (ZBA2025-020), and several other parking, signage and accessory-structure matters. Most motions passed unanimously or by a clear majority. Where neighbors opposed or asked questions, the board recorded those comments and in several cases required inspections or code work as part of post-approval conditions.

Why it matters: The approvals affect housing supply in the downtown and nearby neighborhoods, regularize longstanding nonconforming conditions such as driveways and garages built before current setbacks, and allow property owners to complete safety repairs and renovations without further enforcement action. Several cases also included public comment from abutters and city staff that the board weighed before voting.

Key outcomes (in brief)

- 155 Oak Street (ZBA2020-4137): The applicant, Michael Lee, sought to replace two existing concrete staircases and maintain several preexisting nonconforming conditions (stairs, a front parking space and a shed). Lee told the board he had surveyed the lot to confirm setback measurements and said the existing stairs were unsafe. The board found the work would not change neighborhood character and granted variances from sections cited in the application (front yard and side yard setbacks, parking setbacks and accessory-structure rules). Motion passed unanimously.

- 208 Megan Drive (ZBA2020-4147): Attorney Andrew Sullivan and owner Kenan sought an equitable waiver and a variance to retain a 12-foot garage and a 17-foot driveway that encroach on side-yard setbacks. The board first approved the equitable waiver (4–1) for both the garage location and the driveway/parking width, then approved the variance for the remaining side-yard relief (4–1). Neighbors submitted one written opposition citing setback-based expectations at time of purchase; an abutter who spoke at the hearing said the changes improved privacy. The applicant agreed to make required corrections identified by building inspectors (vent clearances, inspections of footings) and the board recorded that required inspections and any corrections would be conditions of approval.

- 26–30 Massabesic Street (ZBA2025-004): Attorney Diane Lohman presented a plan to convert two underused first-floor commercial units to residential units intended for voucher holders and other affordable-housing tenants. Support letters from local housing advocates and businesses were read into the record. The board found the conversion compatible with the district and granted the variance to allow multifamily dwelling units in the B1 district.

- 37–41 Manchester Street (ZBA2025-006): Applicant sought to add four residential units in rear floors of an existing downtown building. The application received one supportive written comment from a directly abutting property owner. The board concluded the change was interior and would not materially alter the building exterior or neighborhood character and approved the minimum-buildable-lot-area variance.

- Lot-line adjustment (Erie Street / Boynton Street, ZBA2025-020): The board approved a plan that reorients two existing lots so both would front on Erie Street and so the city utility easement would remain undisturbed. The board granted relief for minimum buildable lot area for one adjusted lot, with a condition limiting further relief related to the principal structure without returning to the board.

- Other approvals: The board also approved requests to maintain an existing parking layout at Elm Street properties (ZBA2025-015), an in-ground pool setback at 1307 Union Street (ZBA2025-016), an additional freestanding sign on Market/Canal Street for a long- standing office owner (ZBA2025-017), and a freestanding sign on South Willow Street (ZBA2025-022). Several auto-facility and parking-configuration petitions were approved where the board found vegetation and topography already provided screening and where site plan compliance issues predated the current owner.

Public comment and conditions

Hearings included public comments both for and against specific petitions. The board regularly asked that post-approval work be subject to building-inspector sign-off; in at least one case (208 Megan Drive) the applicant agreed to open walls and expose footings if required so inspectors could confirm code compliance before final permits are issued. The record shows at least one petition passed with a dissenting vote (1–4) and one passed with a 3–1 recorded vote where a member had recused herself earlier in the meeting.

Process notes and next steps

For most approvals the board recorded motions and seconds on the record and indicated whether compliance steps were expected before final permits are issued. Several approvals referenced application materials submitted through February 2025; applicants were instructed to follow up with planning and building staff to obtain required permits and inspections.

Ending

The board closed the evening after voting on the minutes and several final items. For specific vote tallies, ordinance citations, and the board’s conditions for each case refer to the actions list below and the provenance excerpts from the meeting transcript.