The Hudson Zoning Board of Adjustment voted on Aug. 27 to approve two variances allowing construction of a duplex on Merrimack Street, paving the way for redevelopment of a long neglected property and marking another example of how the TR zone has gradually evolved to accommodate more diverse housing options. The decision followed a detailed presentation from Nashua attorney Brad Westgate and a wide ranging discussion that touched on zoning history, deed restrictions, neighborhood character, and the future of the lot.
Westgate, representing J&A Development, requested permission to build a duplex in the Town Residential zone and to allow the two units to be joined at the garage rather than at habitable space, a design he said would provide privacy while maintaining a cohesive appearance.
“We seek permission to build a duplex on a single lot in the TR zone, and we’d like the duplex to be joined at the garage level rather than at the habitable space level,” Westgate said. He noted that Merrimack Street already includes four duplexes, according to the town assessor’s database, making the proposal consistent with the existing streetscape.
The 0.56acre lot currently contains a vacant single family home that Westgate described as “un-inhabitable” and in need of demolition. The structure has sat empty for some time, and Board members agreed that the property has become an eyesore.
Westgate explained that the lot carries a deed restriction preventing subdivision, making it impossible to create two separate single family lots. The restriction, he said, effectively forces any redevelopment to occur on a single parcel, a challenge that makes a duplex the most practical option.
He added that the duplex design offers advantages over two separate homes, including greater privacy, a simplified layout, and a more efficient use of the land.
To support the request, Westgate submitted a letter from Nashua real estate developer Randy Turmel stating that the duplex would have “no adverse effect on property values.” Abutter Scott Slattery also spoke in favor of the project.
“I like the idea,” Slattery said. “I’ve seen the pictures online, I like the way that it looks, and I’m going to be the one sitting on the porch looking at it every day.”
His comments underscored a theme that emerged throughout the hearing: neighbors appeared more concerned about the deteriorating existing structure than about the introduction of a duplex.
Board member Tim Lanphear asked whether the duplex would be sold or rented. James Silverthorn of J&A Development, the property owner, said the plan is to sell each side.
Lanphear also questioned whether the deed restriction constituted a true hardship, noting that Silverthorn purchased the property only three weeks earlier and knew it could not be subdivided.
Board member Todd Boyer reviewed the deed and said it appeared the restriction was imposed by the Town of Hudson when several lots were combined. Westgate said he was interested in researching whether the restriction could be removed but acknowledged that doing so would be difficult.
“The Planning Board or Zoning Board doesn’t have authority to undo that kind of restriction,” Westgate said. “It’s at least at a Board of Selectmen level; it could be at a town meeting level. Even if it were done, how would the marketplace accept it? Would title insurance companies insure titles once a deed restriction goes away? It’s a significant task just to figure out.”
Associate Planner Ben Witham-Gradert confirmed that removing deed restrictions is “very challenging” and said the restriction likely dates to 1995, not 1919 as initially suggested.
Despite concerns about the deed restriction, Board members agreed that the duplex was a reasonable use of the property and an improvement over the existing structure.
“The neighborhood seems to want it, they seem to like it,” Lanphear said. “It’s not really part of our zoning ordinance, but it’s better than what’s there now.”
The Board also noted that the TR zone has seen an increase in duplex proposals in recent years, reflecting broader housing trends and the town’s need for more flexible residential options.
After discussion, the ZBA voted to approve both variances, allowing the project to move forward.
The next meeting of the Zoning Board of Adjustment is scheduled for Thursday, Sept. 12, at 7 p.m. in the Buxton Community Development Conference Room at Town Hall.
