Concord Zoning Board grants rehearing on setback variance, denies rehearing in second case

The Concord Zoning Board of Adjustment voted unanimously to grant a rehearing for the setback variance in case O319 (ZBA0319225), and later unanimously denied a separate rehearing request for case O321.

The board’s discussion centered on procedure rather than the merits of the underlying project. Members said rehearing was appropriate for the setback variance because the original hearing recorded a 2–1 failed motion to grant without a subsequent motion to deny or written findings of fact to support denial. "There was no correlating vote then to deny the variance...you can't just deny something by having a failed motion to approve it," said Miss Specter Morgan, a board member, arguing that lack of findings justified rehearing for the setback item. She moved that the rehearing be granted for the setback variances; another member seconded the motion.

Other members questioned the practical effects of rehearing and whether the board’s use of 3‑member panels creates inconsistent outcomes. Several members pointed to the board’s rules and state statute requiring a…