Maple and Hanover

Weeds grow tall in the vacant lot at the corner of Maple and Hanover streets in Manchester.

A developer wants a new hearing before the Manchester Zoning Board of Adjustment in order to build an apartment building on a vacant lot at Hanover and Maple streets.

A burned-out Victorian was torn down at 324 Hanover St. in 2019 after a Dec. 7, 2017, fire. The lot has been vacant ever since.

In November, the zoning board of adjustment in a 3-2 vote rejected an appeal of a denied building permit.

Attorney Roy Tilsley of Bernstein Shur Law Firm now wants a new hearing, saying the board “erred when it denied the administrative appeal.” The request is to be heard before the zoning board at a 6 p.m. meeting Thursday.

City Plans Examiner Karl Franck declined the permit filed Aug. 9 to construct the approved building, saying a zoning variance and construction period for the structure have expired. He said a new variance will be required.

Tilsley told the board the owner planned 12 units in the building, though the previous structure had 16. The approved variances waived ordinance provisions regarding parking, setbacks and yard size.

Reconstruction of a damaged non-conforming building needs to start within one year and be completed within two years, according to the city’s zoning ordinance. Under a May 2019 variance, the zoning board of adjustment extended the date to start construction to Aug. 7, 2019.

The appeal says a second variance granted on Sept. 13, 2019 had not yet expired. Variances are valid for two years.

“The second variance does not contain any conditions of approval tying it to the first variance,” Tilsley wrote. “Nor does the second variance contain any conditions of approval tying it to the first variance.”