Proposed Zoning Amendments
By Gregory T. Federspiel
April 4, 2025
7 of the 22 articles on tap for the Annual Town Meeting, scheduled for April 28, propose amendments to the Town’s current zoning bylaws. The Planning Board holds a public hearing this coming Monday, April 7 starting at 6:30PM at Town Hall. Residents can also participate via Zoom.
Three of the proposed articles relate to ADUs – Accessory Dwelling Units. ADUs are self-contained living units with a separate entrance to the living space. They can be contained within a home or garage or be a stand-alone structure. ADUs are currently allowed under certain limited conditions and after the issuance of a special permit from the Zoning Board of Appeals.
In an effort to promote greater housing diversity and supply, a new state law requires that small ADUs be allowed by right where single family homes are allowed. However, communities can require site plan review under the new law. The Planning Board proposes deleting the existing zoning section on ADUs and add two new sections – one for “standard” ADU’s that complies with the new state law and one for larger ADU’s that still require a special permit. Both require site plan review. These are contained in Articles 8 and 9.
Standard ADU’s must be no larger than 900 square feet or half the size of the existing main dwelling, whichever is smaller. Large ADUs can be up to 1200 square feet. In neither case can the ADU be used for short term rentals as defined by the state (up to a 30 day rental) and leases must be for a minimum of 6 months. In both cases all dimensional requirements of the existing zoning must be met. Only one ADU, either standard or large, is permissible per lot. Existing driveways are to be used and for standard ADU’s one parking spot provided unless, per state law, the unit is within ½ a mile of the train station; 1.5 spaces are required for large ADUs.
If voters decide against these two proposals, the state law still applies and Manchester would have to allow the standard ADUs by-right without the additional site plan review safeguards. If the two proposals do not pass, a simple bylaw proposal will also be presented that prohibits ADUs from being used as short-term rentals. This third proposal, Article 10, is not necessary if the other two are approved.
Article 7 proposes to replace the existing Floodplain section of the zoning bylaws with a new section based on a new model bylaw the state recommends. The aim of this section is to prevent development from exacerbating flooding and to keep development out of harm’s way. In addition to the rewritten section, new flood maps developed through FEMA would be adopted.
The fifth zoning related article, Article 11, proposes to add two alternates to the Planning Board. Currently there are 7 elected members. It is proposed that two alternates be added by a joint appointment of the Planning Board and the Select Board (which is the same process for filling a vacancy between elections.) The alternate would be able to fill in for a member who is unable or unavailable to participate in a hearing of the Board. This avoids unnecessary delays in hearings and missed deadlines.
A sixth proposal, Article 12, aims to expand the applicability of site plan reviews. Currently various commercial expansions are not required to undergo site plan review and the Planning Board believes this should be corrected. Also, any alteration of land over an acre regardless of use would now trigger site plan review.
Lastly, in Article 13, the introduction to the Zoning regulations is proposed to be deleted. The current introduction contains outdated references and procedures. It is better to provide this explanatory information on the Town’s web site and in handouts outside of the bylaw so that the information is always current without having to go to the voters to amend the bylaw.
These zoning proposals are available on the Planning Board’s website. In addition to the formal public hearing planned for Monday, an informal information session will be held closer to the date of the Annual Town Meeting.
Town Meeting Warrant