ZBA allows detached ADU over garage and front‑yard ADU setback for Peasley Road property

The Merrimack Zoning Board on July 23 approved two related variances for property owners Trevor Preslock and Shannon Peabody at 12 Peaslee Road: one to permit a detached ADU in the front yard and another to allow a detached garage (with an ADU above) at 13.5 feet from the front property line where 30 feet is normally required.

Matt Peterson of Keach Norsholm Associates presented the application, saying the lot’s wetlands, corner‑lot orientation and driveway location left few buildable alternatives. He told the board the recent ADU law signed by the governor (cited in the presentation) reduced some previous variance needs and that the proposed garage and ADU were designed to maintain the residential character of the neighborhood. “The accessory structure is not expected and negatively impact the public or alter the residential character of the neighborhood,” Peterson said.

Board members pressed on use limitations and ownership. Community Development staff explained applicants must sign a restrictive covenant ensuring the parcel remains a single‑family property and that administrative approval through Community Development is required for ADU applications. A board member clarified that, under current town practice, ADUs can be rented but cannot be separately owned as condominiums.

After brief public comment (none for or against), a motion was made and seconded to find the petitioner’s responses to the statutory criteria sufficient and to grant the variances, subject to administrative approval. The board announced the approvals with a unanimous vote from the four seated members. Applicants were reminded of the 30‑day appeal window and to coordinate permitting and administrative review with Community Development before construction.

Next steps: the applicants must complete administrative ADU application materials and site permitting through Community Development.