ZBA tables decision on two personal-service businesses at 109 North State Street to allow time for zoning review

The Concord Zoning Board of Adjustment voted to recess action on two special-exception requests for personal-service businesses (a skin-care salon and a small salon) proposed at suites in 109 North State Street in the Civic Performance (CP) District.

The New Hampshire Troopers Association, which owns the building, and tenants testified that the two small suites have operated for months to years; one tenant obtained a city certificate of occupancy and state licensure for cosmetology or aesthetics. Planning staff told the board the CP district’s allowed uses list does not include personal-service businesses such as nail and skin salons, and the need for zoning relief was discovered when a tenant applied for a sign permit.

Board members expressed sympathy for the tenants and said the businesses appeared to create no neighborhood disturbance, but they were concerned about precedent and the legal scope of ZBA authority: approving these uses as special exceptions could effectively change the district’s allowed uses. The chair and other members suggested the applicants approach city councilors to request a zoning amendment to add such personal-service uses to the CP district or present additional legal arguments showing the services fit an allowed category.

The board voted to recess the cases to the August meeting to give the applicants time to consult councilors and explore options. The board emphasized it had not denied relief but needed more time to evaluate whether the uses fit the zoning scheme or would require an ordinance change. No final decision was made at the hearing.