The Manchester Planning & Zoning Board on Jan. 2 opened and then kept open the public hearing on S2024-012, a subdivision application by Manchester Water Works to split an 18.32-acre lot on Cohass (Coas) Avenue into two buildable lots.

The board’s action matters because abutters raised a possible 20-foot encroachment and asked how the utility will notify neighbors if and when the property is listed for sale. Chair Bryce Cowell said the board wants a Water Works representative at the Jan. 16 meeting to respond directly.

The application, presented by Mike Dahlberg of TF Moran on behalf of Manchester Water Works, proposes two lots of roughly 51,837 square feet (lot A) and 50,851 square feet (lot B) in an R1A zoning district. Dahlberg said the lots meet buildable-area requirements and that placards will be placed along wetland buffer lines every 25 feet per an agreement reached with the Conservation Commission.

Several abutters, including Carrie Champagne, who said she owns the adjacent lot, told the board they have maintained a roughly 20-foot strip with a rock wall and plantings for many years and were surprised to receive notice of the subdivision. Champagne said: "That piece of land was pretty much granted to us about 5 years ago" and described turf and arborvitae she maintains along the disputed strip. Another abutter, Sandy Moniz, said the area has long been wetlands and expressed concern about the narrow road and safety if housing is placed there.

Planning staff and board members discussed legal limits on adverse-possession claims against municipalities; Jonathan Golden told the board that adverse possession would require about 20 years and that municipalities are generally immune from such claims. Board member Bob Gagne and staff said the Board of Mayor and Aldermen has already declared the parcel surplus, which allows Manchester Water Works to sell it, and that the sale method (listing vs. auction) is not yet finalized.

Because abutters raised questions about a claimed encroachment and about debris found on the frontage, the board agreed to keep the hearing open and requested a Manchester Water Works representative attend the Jan. 16 meeting. The board also discussed possible conditions of approval, including requiring cleanup of tires and automotive debris before final approval and better abutter notice if the property is listed.

The board did not take a final vote on the subdivision at the Jan. 2 meeting; the public hearing was continued to Thursday, Jan. 16, with the item to appear early on that agenda.

Ending: The board will reconvene the public hearing at its Jan. 16 meeting and asked planning staff to prepare recommendations and to request a Water Works representative to address notice, sale method, the claimed encroachment and plans for cleanup before final action.