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Merrimack Zoning Board denies rehearing on 54 Parkhurst Road frontage variance
Summary
The Merrimack Zoning Board on Jan. 29 denied a petition to rehear a variance that allowed subdivision of 54 Parkhurst Road into two lots with reduced frontage; board members said most issues raised belonged to the planning or building-code review, not the zoning board.
The Merrimack Zoning Board on Jan. 29 denied a request to rehear a variance (case ZBA2024-28) that allowed subdivision of 54 Parkhurst Road into two lots, one with 150 feet of frontage and one with 227.10 feet, where 250 feet is required.
Board members said the rehearing petition raised items—driveway design, turnaround, and building-code issues—that fall under the planning board or building-safety enforcement rather than the zoning board’s authority. The board also said a reference in the staff memo to a legal nonconforming structure was a copy-and-paste error unrelated to this case.
Petitioners Lisa M. and John J. Sweeney asked for a rehearing of the variance the board granted under section 3.02 of the town zoning ordinance to permit a two-lot subdivision with reduced frontage. Board members reviewed the rehearing letter and concluded that most of its eight enumerated concerns should be addressed by the planning board, the building code office, or the fire department rather than by the Zoning Board of Adjustment.
Members noted that questions about driveway composition, turnaround requirements and fire-code enforcement are handled later in the process by the planning board or by building-safety officials, and would not have altered the zoning board’s prior decision focused on frontage. The staff memo’s incorrect reference to a nonconforming structure (not related to the current petition) was identified as a clerical error and not a basis to rehear the case.
Rich (Zoning Board member) moved to deny the rehearing request; Scott (Zoning Board member) seconded the motion. The board voted 3-0 to deny the rehearing. The original variance granted under section 3.02 remains in effect; outstanding planning- and building-code matters will be considered by the planning board and appropriate enforcement agencies.
The board opened the meeting by noting that both items on the agenda were rehearings and that no public testimony would be taken for these items.
