Council to weigh relaxing downtown height rules that protect view of statehouse dome

A redition of a proposed mixed-use building to replace the closed CVS on North Main Street, with a glass-fronted connection to Phenix Hall.

A redition of a proposed mixed-use building to replace the closed CVS on North Main Street, with a glass-fronted connection to Phenix Hall. Ciborowski Associates

By CATHERINE McLAUGHLIN

Monitor staff

Published: 08-09-2024 4:54 PM

Modified: 08-10-2024 11:30 AM


A city rule that prevents buildings from blocking the view of the State House dome could be modified to make way for certain projects.

Concord has strict zoning that mandates no construction downtown can exceed 80 feet or in any way block a view of the State House dome from the interstate. That rule has been an issue for Mark Ciborowski, a local developer with a vision to transform the historic Phenix Hall and the property next door into a mixed-use complex with housing, restaurants and a restoration of the second-floor music venue.

The project didn’t qualify for a variance, or exception, to the rule, so Ciborowski’s instead asked the city to soften it to allow his project to go forward.

The City Council will hold a public hearing Monday night on whether to change the zoning rule that has so far blocked what would be a transformational Main Street development.

If councilors endorse the change, the planning board would be able to give the green light, on a case-by-case basis, to projects that are up to 10 feet over the 80-foot limit or could partially block the view of the golden dome. Notably, other areas under development in the city already have similar case-by-case exceptions to height rules.

The proposed language would, among other things, clarify that the “dome” protected by the law is just the golden portion: the cupola could be blocked.

At the pla nning board’s review of the potential change, business leaders from across the city supported it. The city’s zoning laws are overdue for a refresh, but new language drafted by the city two years ago remains on the table. The lawyer for Ciborowski’s project, Ari Pollack, made the case that honoring this request was a fair temporary treatment in the meantime.

At the same time, some residents see the height restriction as a necessary protection of historic buildings, and worry the change would put them at risk. Others have opposed the change by arguing that a patchwork of targeted zoning adjustments isn’t a substitute for overall zoning reform.

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Other things to note on the council’s agenda Monday:

■The council approved $80,000 last year for a class and compensation study that would evaluate the structure of city employees and how they’re paid. The city is struggling with retention, and leaders have pointed to the study as a key tool for addressing that. But, they didn’t spend the money last year. Now, they’re voting again to fund the study, which now carries a $90,000 bill.

■Under the consent agenda — meaning there won’t be a hearing — the city is exploring the possibility of creating a partnership with the developer looking to demolish the Steeplegate Mall and build a mixed-use development. The city and the developer will split the $12,500 cost of hiring a third party to consider whether that’s a good idea.