MANCHESTER, NH – Two properties on Ray Street, separated by one house, sought vastly different requests from the Manchester Zoning Board of Adjustment this month and ultimately received vastly different outcomes.
The first request came at what is now 103 Ray St. There, developer Christopher DuPaul seeks to subdivide the current parcel and create two new parcels, with the southern two-thirds of the current parcel containing the existing three-family dwelling and the northern third of the existing parcel holding a new single-family home. The new parcels would become known for assessment purposes as Tax Map 377 18 and 18A, respectively.
In order to do this, DuPaul requested variances from the Manchester Zoning Ordinance on Lot 18 for minimum buildable lot area (10,000 square feet where 15,000 square feet is required), minimum lot frontage and width (100 feet where 150 feet is required), side yard setback (3.9 feet where 20 feet is required) and accessory structures and uses (construction of a 12 by 18 foot detached garage 2.1 feet from the rear lot line where 4 feet of distance from the lot line is required)
On Lot 18A, the requests included variances from the zoning ordinances for minimum buildable lot area (5,250 square feet where 7,500 square feet is required), as well as minimum lot frontage and width (50 feet where 75 feet is required).
Although the variance requests did not seek relief from parking regulations, several residents in the neighborhood expressed concern over current over-parking at the parcel, which currently holds a three-story building with three-bedroom units on each floor. The residents told the board that an adjacent garage was used solely for storage and that the current level of garage and driveway space on the property could not hold all the current tenants’ cars, leading to frequent on-street parking on what they felt was a very narrow street.
“What we’re realistically looking at is Ray Street becoming a bumper-to-bumper parking lot,” said Michael Gledhill of 104 Ray St., the home immediately across the street from the current three-story building.
There were also concerns that the proposal would impact the character of the neighborhood, which currently holds many families and children who play nearby.
Attorney Eli Leino, speaking on behalf of DuPaul, noted that a variance request for parking on the potentially two new parcels was not sought given that each of the new parcels has twice as much parking as needed. He also said that children in the neighborhood could play at Livingston Park, just two blocks away.
Leino also challenged several other claims from opposition to the requests, particularly assessments from realtors and property assessors that gave negative opinions of the proposal’s impact on neighborhood property values.
“This is an opportunity where the city knows it needs density, it’s not the spot to be overwhelmed by not-in-my-backyard sentiments saying ‘we need density, but not on Ray Street,” said Leino.
Additionally, Leino said that the request wouldn’t be out of place in the neighborhood, as there were several three-family homes nearby on Union Street and all that was being added was a single-family home, which is common on Ray Street.
Zoning Board Member Matthew Carnevale Jr. noted that given the testimony from the neighbors, he had concerns over the impact to local property values given that they had provided letters from realtors and assessors on property value impacts while the project’s applicants did not. Leino told the board that if the lack of a professional assessment on property values from the applicant was key, then he would be okay with delaying a decision for a month even though he felt it was not needed, with Zoning Board Vice Chair Craig St. Pierre stating that it was indeed not needed at this point and the board likely had enough information to make a decision. DuPaul agreed, noting that all such assessments are subjective and abutters are unlikely to submit professional opinions that contradict their own interests. St. Pierre also noted that the opinions stated that the proposal “may” impact nearby property values, not that it “will” impact property values.
The board voted 4-1 to approve the variance requests, with only Carnevale Jr. voting in opposition.
The parcels will also have to seek subdivision regulation approval from the Manchester Planning Board.
Later that night, Nhieu Dinh of Dinh Realty LLC was looking for a special exception from the Manchester Zoning Ordinance to allow the operation of a bed-and-breakfast in a two-family dwelling, which is a non-conforming use for that part of Ray Street, which is in the city’s R-1B Zoning District. Applicant Tom Huot, speaking on behalf of Dinh, said that the request was ultimately to allow short-term tenants at the property, with the bed-and-breakfast being the closest use to what was desired within the zoning ordinance.
Between the hearing for 103 Ray St. and 79 Ray St., Dinh also requested relief from the zoning ordinance to establish a bed-and-breakfast just a few blocks away at 831 Chestnut St. in addition to several other variances. Dinh told the board that property had been under renovation for several years, but Deputy Director of Building Regulations Michael Landry told the board that building inspectors had been at the property and saw evidence that it was being used as an Airbnb.
Dinh’s requests at that property were denied outside of approval for a deck that did not meet minimum setback requirements. Her request at 79 Ray St. did not fare much better.
Velvet Brown, who lives in the property directly south of 79 Ray St., said that she often saw up to ten cars park at or near the house, with people coming from that house and urinating in her bushes and other mistaking that house for her house and trying to enter her home without permission.
Other neighbors noted that Dinh operated several residential properties around the city as Airbnbs. According to the Manchester, NH Assessment Database, Dinh Realty LLC owns properties at 78 West St., 121 Alsace St., and 279 Harvard St. in addition to 79 Ray St. Dinh Realty is not listed as the owner of 831 Chestnut St. however, that is listed as being owned by Bui Realty LLC, which also owns 235 Harvard St.
According to the Airbnb website, several Airbnb listings can be found nearby 79 Ray St. as well.
The board unanimously rejected Dinh’s request for a special exception.
