ZBA says no on Queen City Avenue rehearing request

Applicant has proposed to consolidate and redevelop four parcels to construct a five story building with a daycare use and a retail use on the first floor, as well as 75 dwelling units on the upper floors with a two level parking structure containing 66 parking spaces.

MANCHESTER, N.H.ย  โ€“ On Thursday night, the Manchester Zoning Board of Adjustment denied a request to rehear a set of variances that were granted recently to a proposed building on Queen City Avenue.

In a four-page letter submitted by attorney Roy Tilsley on behalf of the owners of nearby properties (see below), it was argued that the criteria necessary for a variance were not met. However, members of the board agreed that the letter did not provide any new information not already discussed during the boardโ€™s initial decision that would require the hearing to be repeated.

Under state law, rehearing requests to zoning boards over a decision focus not on the facts surrounding the decision itself, but a flaw in the process in arriving to that decision such as a lack of abutter notice or the presence of new information that could have impacted the initial decision.

โ€œI voted against it, but I feel that the decision was reasonable and well thought out,โ€ said Manchester Zoning Board of Adjustment Chairman Greg Powers.

Additionally, the board felt that certain issues related to opposition to the project were within the purview of the Planning Board rather than the Zoning Board of Adjustment and the Planning Board would take up those issues when it undertakes its site plan review of the project.


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