Concord ZBA says no variance needed to convert office suite to residence at 8 Center Street

The Concord Zoning Board of Adjustment unanimously ruled that an applicant converting an office suite at 8 Center Street may proceed without a variance, ending a weeks-long uncertainty triggered by a change in staff interpretation.

Jeffrey Sandler, who appeared on behalf of property owner Concord Capital Properties, told the board the owners had invested money to convert one office suite into a residential unit and only later learned of a new planner interpretation that they said would require a variance. "What I've come before you to ask for is essentially to allow us to convert one of the units, which is currently an office into a residential unit," Sandler said.

The board spent much of its discussion parsing the zoning code’s table of principal uses and whether the conversion counts as a permitted conversion or as two principal uses on one lot that would require a variance. Several members read aloud the relevant provisions and contrasted the prior planner interpretation with the new one. Ultimately the chair framed the choice as a legal interpretation the board could make on its own.

A board member moved that, based on evidence presented, the use is permitted under the ordinance and no variance is required; another member seconded. The motion passed unanimously. The chair announced, "The Board has ruled that a variance is not required," clearing the way for the conversion to proceed.

The board did not address reimbursement of fees paid to pursue a variance; when asked, the chair said he could not advise on refunds. The ruling is limited to the zoning interpretation on this property and does not create a binding precedent beyond this case.

Next steps: The applicant may continue work consistent with the board’s ruling; any remaining building permits and plan approvals must proceed through the city’s permitting and inspection process.