Zoning board tables Department of Education sign appeal pending legal review of state-owned property rules

The Concord Zoning Board of Adjustment tabled an appeal about proposed signage at 25 Hall Street so staff and legal counsel could clarify whether a state-owned building must comply with local sign regulations under RSA 674:54.

Sign contractor Max Tejada appeared for the applicant and said the sign face in question had been in place historically; he supplied a 2016 permit in which the top portion of the sign was permitted. Board members and staff discussed whether the state of New Hampshire, as owner or occupant, is automatically exempt from local permitting and what role the board should take when a state agency seeks to present nonbinding local comments. Planning staff said past practice varies and recommended legal review.

Because the city-filed materials and the statute raised legal questions about whether the board should act on a variance or only provide written comments, the board voted to table the application to the next meeting so the planning office could consult legal counsel and return with a recommendation. Board members said tabling would avoid issuing an unnecessary variance if state immunity applies, but they retained the option to act next month if staff advised that a local variance was appropriate.

The board will receive staff guidance on RSA 674:54 and on whether the state property should be treated as subject to local sign standards. No variances were granted at the August meeting.