A Derry resident will be allowed to combine three parcels of land to create “community” among his renters after approval by the Zoning Board of Adjustment (ZBA).
David Barka appeared before the ZBA at its Aug. 21 meeting to request consolidation of 15 South Ave. with parcels he has already consolidated at 17 and 19 South Ave. Barka was granted a variance at the June 5 ZBA meeting to consolidate the first two parcels, which contain an apartment building and duplex.
The parcels are 30012, 15 South Ave.; 30013, 17 South Ave.; and 21137, 19 South Ave. They are zoned MDR (Medium Density Residential). The parcel at 15 South Ave. is a single-family home. The consolidation would allow more than one residential building on the consolidated lots and a variance was sought from Article III, Section 165-8 of the Derry Zoning Ordinance.
Barka’s engineer, Doug MacGuire, read the conditions for a variance, including:
• Not contrary to the public interest. The consolidation would improve all three properties, MacGuire said. It would allow three separate curb cuts to be eliminated.
• The spirit of the ordinance is observed. The law allows 14 residential units on the property, and with the addition of the single-family home there would still be only 12, MacGuire said.
• Substantial justice would be done, MacGuire said, because granting the variance would allow Barka to further develop the site.
• Granting the variance would not diminish property values in the area because all the units, single-family, multifamily and duplex, are permitted in the area. Granting the variance would allow Barka to improve the property, MacGuire said.
MacGuire said after the variance to combine two lots was granted in June, he and Barka continued to work on developing the site. At a meeting with the Technical Review Committee, it was suggested that Barka’s third lot, with the single-family home, also be consolidated. “They said it made more sense to consolidate,” MacGuire told the board.
“Consolidating the entire parcel would give a ‘community feel, with shared access and exits,” MacGuire said.
Member Stephen Coppolo observed that in the June meeting, the board had limited density on the two combined lots to 11 units. “Did that include the third parcel?” he asked.
MacGuire said it hadn’t. With the two combined lots Barka is allowed 13 units, and had 11; adding the third lot would allow him 14, and he would have 12.
“We are not proposing any additional density,” MacGuire said.
There were no speakers in the public comment portion.
In the board’s deliberations, Coppolo said he had noticed that in the drawings, some of the parking spaces “bleed” on to another lot. “The cleanness of this process, the consolidation, appeals to me,” he said.
Member Donald Burgess warned that they should limit the number of allowable units in that meeting.