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Merrimack ZBA denies variance for seven‑lot subdivision on Fuller Mill Road
Summary
The Zoning Board rejected a request to subdivide a Fuller Mill Road parcel into seven lots, citing inadequate demonstration of hardship, concerns about road access and wetlands, and unresolved details about utilities and traffic; the denial was announced 4‑0.
The Merrimack Zoning Board on July 23 denied a variance request from Connet LLC to subdivide property on Fuller Mill Road into seven single‑family lots.
Represented by Matt Peterson of Keach Norsholm Associates, the applicant asked for relief from frontage and minimum lot‑area requirements to create seven lots on land that includes wetlands and currently has a dirt access road. Peterson said the proposal included giving the town right‑of‑way and working with the Merrimack Village District to bring public water to the site and that the proposal would improve Fuller Mill Road for safe access.
Multiple board members raised concerns that a smaller subdivision (fewer lots) could achieve similar housing goals without variances and questioned whether the applicant had demonstrated the statutory hardship required for variance relief. Neighbors raised wetlands, traffic and trails issues; Lynn Wen of 17 Farmer Road asked how wetlands would be handled and whether trail access to Horse Hill Nature Preserve would be maintained. Wayne (surname unclear), an abutter on Fuller Mill Road, opposed the request if the applicant would not improve the entire dirt road.
Board discussion focused on insufficient demonstration of unnecessary hardship, unclear traffic and parking details, and the timing of infrastructure improvements (road and water). One member said the board saw the application as premature in parts and that the requested increase in lots was not justified by the record.
A motion to deny the variance was made and the board voted in favor of denial by the seated members, recorded in the meeting as 4‑0; the chair noted applicants have 30 days to appeal.
Next steps: the applicant may revise the plan, coordinate with DPW and Merrimack Village District on water and road improvements, and could return with a changed application.
