Zoning Board of Adjustment - Regular Meeting

like to call to order the Town of London Dair Zoning Board of Adjustment, April 15, 2026. I'd like to welcome everyone here this evening. Before we start with our agenda, I'd like to go over the meeting procedures. First, the clerk will read the case into the record. The applicant will then make their presentation. We ask that you come to the podium here, state your name and address for the record. The board will address the applicant and that has any questions or comments um with the application that they submitted. Those that are in favor of the request are given the opportunity to address the board. You will come to the podium here off to your right. Um and you will also state your name and address for the record. Those that are opposed will also have an opportunity uh to um address the board and they'll come up to the podium. Also state your name and address for the record. The applicant will be given the opportunity to any rebuttal or any opposition and the opposition will be also be given the opportunity for any rebuttal. The board will address the applicant with any additional questions or comments once all of this has been done and at which time, if there are none, the public hearing portion of the case will be closed and the board will enter into deliberation and vote on the request or continue the case to a future date. We ask that um you please uh speak clearly into the microphone and be sure to state your name and address for the record. We ask that also your conversations be directed through the board. So if you're here to in opposition uh or in favor um you'll address any concerns with us at the board. You will not be speaking with the applicant directly. That way we can keep the meeting flowing and we'll keep everything rolling for you. We ask that you please um turn your cell phones off to vibrate or off during this meeting.

You may stay for uh the outcomes of the cases or you can go uh within 48 hours to the town website to also see the meeting results. All right. Now that we have that over with, before we start, we're going to introduce ourselves. Nick, will you start us? I'm Nick Card, building inspector. Andrea Hansen, alternate member. Brennan O'Brien, full member. Jackie Bernard, full member. Mitch full member. Lisa Susman, alternate member.

And for this evening, we have three, but we would like to have our alternates be voting this evening. Okay. So, we'll have a full board of five. Um, put that for the record. Uh first on the agenda, uh minutes to approve from the March

18th. 18th. Thank you. Do I have a motion? Like to make a motion to approve the March 18th, 2026 minutes. I'll second. Thank you. All those in favor? I opposed. Minutes are now in record. Do we have any report by the town council liaison this evening? We have none. No, shrugged. Oh, you shrugged. Okay. Maybe. Please state your name and address for the record.

Dan Bush at 8 Connell Drive. Um I don't know if you're aware there in the um posting for April 20th our meeting there are candidates for ZBA. Um if you've had a chance to look at those and if you have any comments let me know. Okay. Are they We have not been given that. Okay. We haven't. Are they additional members or alternates? Like I think they're alternates. Yeah. None of that has been passed to us. No. Okay. Do you want I haven't any I haven't seen it. Okay. You want me to send them to you? Sure. Okay. I'll send them to you and look at it if you have any questions. That'll be great. All right. Before our Monday meeting. Thank you.

Okay. Thank you, Nick. Do we have the regional impact determination for this evening? Madame Chant staff has determined that none of the cases tonight are regional impact. Thank you. Do I have a motion for regional impact determination? like to make a motion to accept the regional impact determination. Do I have a second? I'll second. Thank you. All those in favor? I opposed. Okay. Um we have we're going to do our request for a rehearing um at 55 Windsor Drive. Um I have Are you doing that first? Yes.

Okay. I need to recuse from that one. Okay. Uh, make note Brandon will be recusing himself. Uh, request for a rehearing at 55 Windsor Drive in accordance to RSA 677 3 under 677 2. Um, I have reviewed the notes from the February 18th, 2026, and I do not see any technical error or new evidence submitted by uh the applicant for the request for rehearing. Do I have um each one of us has to make a comment on that? Yeah, I I was not here at that meeting, but I did not see anything in the minutes that made me think a rehering was warranted.

Okay. I did not see anything in the request for rehearing that would serve to overturn our decision. Thank you. I agree. And I was here for that meeting. So, all right. Uh, so the request for a reharing at 55 Windsor Drive has been declined. Um, do I have a motion? I'll move to deny the request for reharing. And do I have a second? I'll second. All those in favor? I opposed. Request for rehearing has been denied. All right, let's move on to our cases for this evening. Welcome back. Thank you. I was awake so long. So, I missed you.

Yes. Well, it's good to be back. You ready for the first case? I sure am. Case number 3182026-1, a request for a special exception from LZO4.1.2 use table to allow construction of a single family home in the C3 zoning district. The parcel is located at 22 Butrick Road in the C3 zoning district, tax map 6, lot 75-8 and D Peterson revocable trust owner and Brian Daniels applicants. and welcome. Good evening.

My name is Brian Daniels. I'm here representing Ann Peterson, the owner of two vacant lots. Do you want me to combine these two? because you have to I know that they are two, but you must we must hear each case separately so that we can it's kind of blended procedurally follow the rules.

Okay. Uh I'm here representing Ian Peterson, the owner of a vacant lot located at 22 Butrick Road. Um this lot is on the corner of Gardener Circle. Gardener Circle has eight residential homes on that street. Um, the lot is currently zone C3. We are requesting a special exception for a single family home to be built. Building a single family home on this lot is entirely consistent with the residential makeup of this area. This is permitted by special exception under zoning ordinance use table 4-1-2 and meets all the criteria listed under special exception section 8-1-5. Do you need me to go through that checklist?

We do. Let's see. Actually, um, you want to read that? Do we generally read it and then we respond with the applicant as as indicated? Yeah. You don't have to do anything because we're going to read off your um Okay. I didn't know if it would be easy. Yeah, I will read off the form for you. Okay.

Would you like me to start? Yes, please. Okay. Number one, such use will not be detrimental to the health or safety of residents. The answer is no in the special exception application. Uh I have no reason to disagree with that. So that is a check. Uh I don't either. Nor do I.

I I take some issue with it. You know I drove that area that is a very you know it's mostly commercial and my perspective was well maybe people visiting the commercial area might not run into problems. People living in houses there that's a that can be a very busy road. It's a cut through. Yeah. So from my my perspective, you I take issue that it would be um detrimental. Do we have a picture of We don't have a picture of the property in the file.

I do have a um and and to your point um there right around these there's two lots here, but this particular lot um there are seven commercial properties and there's 19 residential. Would you like to if you'd like to pass this to the board and we can mark it as exhibit A. I did not include that in the packet. Correct. That's why we're asking.

Now, as you go further down, Mr. Scare, all those uh other buildings are further down. This just has the surrounding. Okay. The C is marked commercial. Everything else is either agricultural or res. And your piece is which one? Um, that would be I'm sorry. Where are we? I'm sorry. Right here. Those two. These two. Okay. The two next to gardener. Gardener. Oh, two next to right. Yeah. Right. These two right here. I'm going to mark those with an X. That's okay. Yeah. The end of the circle. Let me show you.

It's the two that are right here. Everything is not marked as a residential neighborhood, right? I'm holding it sideways. Two resets across across the street. The doctor's office and the dentist. Is that This is That's further down. This is Spectrum. Okay. Spectum. Oh, Spectrum. Okay. Utility Liberties. Yep. Two residential homes directly across the street. Yep. Two residential homes there. That's Coner PBD Farm. Yeah, another person. That's PBD Royal Farm right there. Yep. And those two commercial uh properties across from you are which two commercial properties? Uh the two on the other on the other side

on the other side that is uh let's see let me I just want to make sure I had the right yeah these two looking in the wrong uh that is Spectrum Gymnasium. Okay. And that one I'm not entirely sure. Are you looking at this one? Sure. Which that's Lenendere Learning Academy and it's a karate studio. Correct. That's right. Christ on the other side of that. Yes. Okay. And then that's single single neighborhood two across the street. Okay. Okay. Thank you. All right. So Mitch, you um say that it would be

Yeah, I I you know, and I did drive more than once and you know, these these other homes here are really not on Butrick. I mean, I use Buttric as a cut through. I think a lot of people come up near the Chinese restaurant. We do

and come through. um gets a lot of traffic and and the ones that he's marked C like the Mr. steer one. I don't know how many business businesses come and go. That's more than one. It's just a commercial plaza, you know. Um, but what I see from this is doesn't change my mind. I think some of these are probably pre-zoning from what I could tell, although that's potentially speculation, but a lot of the little commercial spots are um have have more than one business. And then they've got that very large uh further down the road, the medical area. So from from my perspective, I'm just I'd worry about putting kids right on Butchook Road and and so I would say it would be detrimental, but that's my perspective.

Okay. Uh do you know what um year this these lots are? I I'm I'm sorry. What year these were um these lots? Oh, when when these lots were subdivided, I I do not know. I know she's had the property 20 back in the early 80s and I think that was done in the 80s at some point. Okay. Did she ever try to put commercial in there?

No. Okay. Um under C3 what is permitted is very limited assisted living facility uh nursing home, religious facility, a group child daycare center, professional office, and a private school. All right, Lisa, how do you vote for the first one? I have a question. Please ask the applicant. This is the time.

Is it possible for that particular parcel to be on Gardener Circle instead? Uh that would you mean the entrance? That would be Yeah, we haven't had it engineered. I think that that would love to have it come in on that residential street, but I think it's all based on the engineer. And then as we go um I don't know if Nick can jump in on that as far as the perspective of how much road frontage is on uh there is a 100 there's 180 ft and the other one is two and change so the the frontage is there enough frontage on either road this this frontage on say that again

you have enough frontage on either road correct correct I didn't know as far as a sight line or what the town I mean I don't I can't answer that but I that's John Troy a territory. Yeah, I think they would like to uh the applicant would like to come in on budget road on that particular lot. The other lot is completely on budget road. Okay.

Andrea, how do you vote? I uh I'm I'm fine with those seeing that there's other there are other homes on that road. Okay. Good. All right. Two, such use will not create undue traffic congestion or traffic safety hazard in the vicinity of the proposed development. And the answer is that it will not. I agree with that. It's across the street from residential as well. I agree with that. I'm going to stay this again. It's the same reason as before. Okay. Agree. I agree. Okay.

Such use will not be incompatible with the surrounding neighborhood. They have checked it is not. I agree with that. I agree with it. I agree. I do too. I think I'm against this one as well. I think that is still mostly commercial. Such use will not be a detriment to property values in the vicinity of the proposed development consideration given to the location or scale of building, structures, parking areas, or other access ways. They have indicated no. I agree with that. I agree. I agree. Agree. I'm gonna I'm going to disagree with that one as well. Okay. Okay.

No nuisance will be created by such use by way of emission of odor, smoke, gas, dust, noise, glare, heat, vibration, or other pollutants or the unsightly outdoor storage of equipment, vehicles, or other materials. The answer is no. I agree with that. I agree. Agree. I agree with that. Agree. Such use will not create a hazard to the public or adjacent property on account of potential fire, explosion or release of toxic materials. The answer is no. I agree with that. I agree. I agree. Agree. Agree.

Such use will not result in the degradation of existing surface and groundwater quality standards, nor will it have adverse effects on the natural functions of wetlands on the site, which would result in the loss of significant habitat or flood control protection. Uh the answer here is no. I agree with that. Nick, how would I know? Are there wetlands on the property? There are not. Okay, then I agree. I will agree as well. I'll agree. I'd agree.

Okay. Adequate and appropriate facilities will be provided for the intended use. The answer is yes. I assume based on what's presented that that's correct. I have no reason to disagree with it. You will be having bathrooms in this house. Yes. Okay. I agree. I would agree as well. Agree. Agree. And all necessary state and federal permits will be obtained. And the answer here is yes. I have no reason to disagree with that. Okay. I do not disagree either. Okay. Same here. Agree. Great. Okay. Um,

so the next thing is if we have any conditions, restrictions, uh, we can put those on now. But I do not have any.

I do not have any. Does anybody else have any? Okay. Do we have any questions of the applicant before we Okay. I'd like to take it um out to the public. Is there anyone that would like to speak in favor of the applicant at this time? Please come to the podium and state your name and address for the record. My name is Roy Bashad. I live at 19 Butrick Road, which is directly across from what is currently a hayfield. And that when we moved there in 1969, it was all residential or farming. There were three farms on the road. It did not go out to Mammoth Road. and uh there were about three cars a day that went by my house, things have changed. So, as a 56 year year resident of the town and seeing what has developed on that road and how things have more or less deteriorated as far in from my viewpoint, uh I take a look at what could possibly be put on that road on on that nice hayfield across the street and we'd love to have it there and continue as a hayfield, but we know it's going to be developed eventually and I would just as soon see of single family residents there as anything else. Uh I always said that once a McDonald moved in McDonald's moved in across the street, I was gone. It never has happened. And uh so I just can't if if the land is going to be developed, I just can't think of any better use. And all I ask is decent architecture be done on the on the home so that it it's it's a nice home. So planning will do that. We can't. No, no, I I understand that.

So u that's my feeling. Well, thank you very much. And so it's going to be developed. So that's I as far as I'm concerned, it's the best use. Okay. Great. Thank you. Thank you. Is there anyone else that would like to speak in favor of the applicant? Let the record show there is no one anyone in opposition that would like to speak at this time. All right. Let the record show that there was no one in opposition. Um, since there is no further questions for the applicant. Okay. Um, do I have a motion for case number 31820 26? Like to make a motion in case number 318 2026-1 to grant the request for a special exception. Do I have a second?

I'll second. All those in favor? I opposed. This is one where I do the voting sheet. Yeah, I think Yeah, I don't have anything to sign. Huh? No, not on this one. All right. Or the next one. And Mitch was the only one that voted no. Right. Okay.

Ready for the next case. It has been approved. So, ready for the second. Okay. Case number 318 20226-2. Request for a special exception from LZO4.1.2 Two use table to allow construction of a single family home in the C3 zoning district. Parcels located at 20 Butrick Road in the C3 zoning district. Tax map 6, lots 75-9 and D Peterson revocable trust owner. Brian Daniels, applicant. Okay. And you'll need to state your name and address again for the record.

Again, my name is Brian Daniels. I'm here representing Ian Peterson uh for her vacant lot located at 20 Butrick Road. This lot abuts Peabody Row Farm and sits directly across the street from two single family homes. Uh this lot is located in C3. We are requesting a special exception for a single family home to be built. Building a single family home on this lot is entirely consistent with the residential makeup of the area. This is permitted by special exception under zoning ordinance use table 4-1-2 and meets all the criteria listed under special exception section 8-1-5

and we're ready for it. Okay. Such use will not be detrimental to the health or safety of residents. The answer is no. I agree. I agree. Agree. And I'll disagree again. I agree. Such use will not create undue traffic congestion or traffic safety hazard in the vicinity of the pros development. Answer is no. I agree again. I agree. Agree. Agree. I disagree again. Such use will not be incompatible with the surrounding neighborhood. The answer is no. I agree. I agree. Agree. Agree. I disagree. Such use will not be a detriment to property values in the vicinity of the proposed development with consideration given to the location or scale of building structures, parking areas, or other access ways. The answer is no. I agree. I agree. Agree. Agree.

I disagree. No nuisance will be created by such use by way of emission of odor, smoke, gas, dust, noise, glare, heat, vibration, or other pollutants, or the unsightly outdoor storage of equipment, vehicles, or other materials. The answer is no. I agree. I agree. I agree. I agree. Agree. Such use will not create a hazard to the public or adjacent property on account of potential fire, explosion, or release of toxic materials. The answer is no. I agree. I agree. I agree as well. Agree. Agree. Such use will not result in the degradation of existing surface and groundwater quality standards, nor will it have adverse effects on the natural functions of wetlands on the site, which would result in the loss of significant habitat or flood control protection. Do we want to ask if this property has any wetlands? Absolutely. Do you have wetlands? Not that I'm aware of.

Okay. I agree. I agree. I agree as well. Agree. Agree. Adequate and appropriate facilities will be provided for the intended use. Will you have a facility, a bathroom with this single family home? Yes. Okay. I agree. I agree. As well, agree. All necessary state and federal permits will be obtained. I agree. I agree. Will be agree as well.

And I'd like to take it out to the public who would like to speak in favor of the applicant at this time. My name is Roy Buchad, 19 Butrick Road. And uh do I have to go through the spiel again? You do not. It's on record. It's the same thing. It's right across the street from the house from my home. And uh uh as I say, I think it'd probably be the best use of that land. And with a farm next door and everything else, uh keep it as rural as we can and much better than a big commercial development. Thank you. Thank you. Thanks.

Anyone that would like to speak in opposition? Let the record show there was no one. Are we ready for a motion? We're all good. Like to make a motion in case number 318 20226-2 to grant the request for a special exception. Do I have a second? I'll second. All those in favor? I opposed. Nay. Has been approved. Okay. Ready for the next case? Thank you for your time. Thank you.

Case number 3182026-3. A request for a variance from LZO7.6.d.3.8. I to allow construction of a sign in the C1 zoning district. The parcel is located at 213 Rockingham Road in the commercial 1 zoning district. Tax Map 15 lot 23-1 Carol Holding Company LLC owner and Spectrum Signs and Graphics Michael Gallagher applicant. Welcome. Thank you for having me back. My name is Michael Gallagher 9780 Manchester, New Hampshire.

So all of your testimony is in the first time you were here. Yes, ma'am. Um, we asked for clarification and did you get that clarification for us? I did. Go ahead. Would you like to uh put it into the record exactly what we asked? Um, we were wondering the setback of the sign on the property and um upon reviewing with the inspector um we determined that the sign is 14 ft into the setback into So 14T into it. Yes.

Okay. I also have um new photos I think might help um that show a different angle of the sign in relation to the building structure if I may. Yes, we have photos in our packet. Is this additional? This is um I think a different angle. Okay, perfect. We'll mark it exhibit A. Thank you. Thank you. as well. Okay. So, we have A, B, and C. This one's the same

there. Oh, sorry. Same as yours. Is to be 50 ft. Let me see. Nick, what's the setback supposed to be? In commercial, it's 60. But that uh that whole building is half of it is in in the in the setback, but that was uh that was before we had zoning that the early 40s I think we All right. So we have exhibit A and B.

Yes. Exhibit A is the closer up of the sign. Exhibit B is the one that's pulled further back where you can see the school buses. Okay. So, for um everyone in attendance this evening, um I'm going to have you read into the record your You have your application with you, correct? I do. Yep. So, you read the the five points of law as you wrote them on your application. So, we'll have it in the record. Okay.

Okay. Um, a variance requested from section 7.6 D.3 A point little I of the zoning ordinance for the following reasons. The client would face undue hardship and needing to relocate the sign and sign structure. The lot has limited space for a sign to be legible from the road at the average rate of travel on this road. The sign dimensions are smaller than the existing and there is no structural change and is a continuation of the existing condition. The variance will not be contrary to the public interest because the request involves only the replacement of of an existing sign panel on a pre-existing structure. There are no proposed changes to the sign's location, height, size, illumination, or overall footprint. The existing sign has functioned at its current location without adverse impact to traffic safety, neighboring properties, or the character of the area. The proposed panel replacement will not increase the degree of nonconformity and will not alter the site in any way that would negative negatively affect the public. The spirit of the ordinance is observed because the request does not alter the location size, height, or intensity of the existing sign structure. The proposed work is limited to replacing the sign panel only. The purpose of the setback requirement is to ensure public safety, maintain visibility, preserve neighborhood character, and prevent visual clutter. Granting this variance will not undermine the intent of this ordinance as the request does not expand the nonconformity or create any new impact. Substantial justice is done because granting the variance allows the continued use of the existing sign structure without increasing its nonconformity while denial would require unnecessary removal and reconstruction of the structure solely to re relocate it possibly short distance. There is no measurable public benefit to forcing relocation as the existing sign has functioned safely and appropriately at its current location. Conversely, denial would impose a financial and operational burden on the property owner without improving safety, visibility, or the neighborhood

character. The values of surrounding properties are not diminished because the request involves only the replacement of an existing sign panel on a pre-existing uh structure. There are no changes proposed to the sign's location, no increased height or size or illumination. The replacement panel will maintain or improve the appearance of the site and will not introduce any new visual lighting or safety concerns. Liberal enforcement of the provisions of the ordinance will result in an unnecessary hardship and no fair substantial relationship exists between the general public purposes of the ordinance provision and the specific application of the provision to the property because the request involves only replacement of existing sign panel on a pre-existing structure. The purpose of the setback is requirement is to protect public safety, preserve site distance and maintain orderly site design. The existing sign has functioned safely at its current location and does not interfere with traffic visibility, pedestrian movement, or neighboring properties. The purpose proposed use is a reasonable one because it involves only the replacement of a sign panel on a existing freerandraing sign structure that has long served as identification of the for the property. The request does not involve expansion, relocation, increased height, additional signage, or any intensification of use. And for the record, this property is roughly what age?

Uh, it's 86 years roughly. And for the records, so basically prezoning the 1940s era. Am I correct? Yes. Okay. Thank you. All right. Uh, any questions from the board? So, I'm sorry. Did you say the sign is going to encroach 14 feet into the setback? Where it is currently at now is 14 feet into the setback. Yes. Okay. Thank you. Could I ask a question? Maybe I when I'm looking at the ordinance that says no freestanding sign or any part there shall be located near 15 ft to the property line for commercial. That's the the

right one we've cited. So when we say 14 ft from the setback is what are we saying that uh you have to look it up. You have a plot plan. I believe I do. That's from what I can tell the the uh when we're seeking the variance the clearance request section 7.6.D3.8.1. I love all those numbers and letters. Yeah. Yeah. Keeps you on your toes. Just just takes a while to find it. I believe the property line is um quite a ways back from the pavement. Off the pavement. Oh, okay. So, that explains Okay. It's a funky piece.

No, no. I I went past it, but not this week. This last month. Last month. Yeah. It's all It's an old property. Any other questions? I We might have gone over this last time, but is the sign to be lighted? No. Okay. I just have a question just to confirm. Was that sign always in that spot? I feel like I've driven by it like a thousand times because I live right around the corner from it and I'm like where was it? Yeah. Um it looks like um since at least 2024. There has been um a tar. Where was it before? Was it?

There was predating that there was a pylon a little bit closer to the road. Ironically, I think um when I was on site, I measured where that ex that sign was was 13 ft from pavement. Okay. Which is 14 ft closer than where my sign is proposed to go. I have no questions. Any I have no questions. Okay. More like you're you're good. I'm good for now. Yeah.

Okay. I'd like to take it out out to the uh audience. Anyone that would like to speak in favor of the applicant at this time, please approach Let the record show there was no one anyone in opposition that would like to speak. Let the record show no one is there. Do we have any other questions? Okay, let's go into the five points. Granting the variance would or would not be contrary to the public interest because I would say it would not I say it would not because would not alter the character of the neighborhood. Correct. I would agree. I agree.

Spirit of the ordinance would or would not be observed because I would say it would. I don't think the sign threatens health, safety, or the general welfare. I agree. I would agree as well. Agree. Granting the variance would or would not do substantial justice because I think it would I think the loss of the applicants greater than any gain to the public. I agree. I agree. I agree.

Agree. For the following reasons, the values of the surrounding properties would or would not be diminished. I would say would not. The sign's already where it is, and it's a commercial area.

Agree. Owing to special conditions of the property that distinguish it from other properties in the area, denial of the variance would result in unnecessary hardship because there is or is not a fair and substantial relationship between the general public purpose of the ordinance provision and the specific application of that provision to the property because I would say is not this is a pre-zoning property with the structure actually in the setback as Well, I agree. I agree. I agree as well. Agree. Plus, there's nowhere else to put right

sign unless you cuz you have the handicap ramp there and

the proposed use is there is not a reason one. I would say it is because signs are reasonable. I agree. Agree. Agree. Restrictions, comments. Do you want to say not to encroach more than 14 ft into the setback? I agree. Is everyone okay with that language? Okay. Do we want to see anything about having the sign lit at night even though there's no proposed lighting? Yeah, it's per testimony. He's not requesting any lighting. Okay. Yeah. So, we're good. Okay. All set. All set. Do I have a motion?

Like to make a motion in case number 318 20226-3 to grant the request for a variance with the condition that the sign is not to encroach more than 14 ft into the setback. Do I have a second? A second. Make sure I spell your name right. An I. All those in favor? I opposed. In case number 318 20226-3, the request for a variance was granted with the condition the sign is not to encroach more than 14 ft into the setback. Thank you very much.

Think you're good to go. Have a good night. Thank you. Are we ready for the next one, man? We're zipping. Case number 4152026-1. A request for a special exception from LZO5.15.1 to allow a portable storage container in the AR1 zoning district. The parcel is located at 132 Pillsbury Road in the AR1 zoning district. Tax Map 9, lot 51, Pillsburysbury Farm LLC, owner and Heather Burr Carry, applicant. Good evening. Good evening.

Go ahead and make yourself comfortable. Have a seat. We won't make you stand up. Oh, okay. Um, Heather Bury, 132 Pillsbury Road. Sam Carrey, 132 Pillsbury Road. Request for a portable storage unit exception. Have you ever done this before? Nope. Okay. Did you bring your application with you? Yes. Perfect. Okay. Would you like to tell us uh something about why you're here or you just want to go into your five points of law? So, special. I mean, that's right. Special exception. Would you like to tell us about it? Um, it's just a storage unit for excess outdoor and sports equipment while we rent the property for about 6 months stored out back.

So, you're renting the property? It's not yours? Yes, we've been renting.

There's a letter from the owner in the file. Okay. So, what you're asking for goes with the land. So, even though you may not rent, it's going to stay with the land. Okay. Just so that you understand that what you're asking for. Um, how big is the storage container? Um, I don't know exactly. It's within the original. It's within the guidelines of the 10 by 20 by 10. I think it's just under that size.

Do you know for a fact that

Do you know for a fact what size it is? No. All right. So, for the record, you have to state the container size. If you're not sure, um, it could sway what container is on the property in the future because you don't have a specific size for that container. So, should a larger one show up, we have to establish what you are asking for for this.

That's why we ask questions because, okay, we can't always fit things nicely in a box. Okay. So, if you tell me it's this dimension, but it's really larger, and we um I go through our due process and we write something down that says, you know, we we lock you in, this is going to affect what you're here for. So you can um ask to come back for the meet next month's meeting with exact dimensions of how big that storage container is.

Don't measure I mean no 10 by 20 by 10. I mean I measured it to make sure it would fit into this so that we would submit the paperwork a month ago. So measure texture. Nick, do you know how big that container is? Okay. No, but I don't want to tell you your business, but in the ordinance they're allowed 10 by 10 by 20. So you could give them a special exception. Is this for a container that's already there? That's a horse of a different kind. Right. Yeah. Right. Because it could be larger and I don't know. Right.

It could be smaller and you know I don't I'm pretty sure it's exactly that because it's not larger because I did like a brief measurement when I was like, "What are the guidelines?" Like, "What is it?" When we got the information from Glen. Okay. All right. And you're going to be storing what in it? Um, just sports equipment and outdoor stuff, lawn mower, generator. And they are renters. I don't know if you have that. Yeah. Okay. Yeah. And they're only asking if if for it to be there for six months.

It's in place of a shed basically because we don't have a garage at the property. And to build a garage, we would need to buy the property to build it as if we were doing an ADU or whatnot. So, this was the owner and our shed. Nick, we used to sunset special conditions sometimes. Yeah. Do we still even do the sunset? Uh, yeah, you can. We still can. Okay. But they they ask for six months, correct? Okay. For the sunset, we could activate the sunset. What's the sunset? be a time period six months. Time limit. Time limit. Yeah. What's different than just getting the special exemption?

It would be a special exception for only that time period. Okay. Because you are renting. You are not the owner. So you would like it for 6 months. I mean that's ideal, but we thought it was for the land for the owner for just however long. Not how it works. Oh, that's what we were told. Okay. twice. So, six months you're asking for. Sure. Okay. Um, and then you would have to come back. Why? If when 6 months expires, you would either remove it or Okay.

You'd have to remove it. So, do you want six months? Sure. Would you want a year? I sure. I'm not sure because this isn't what I was told. Okay. So, I can't tell you what to answer. I mean, I guess I'd like to say a year then because I was I was not told that. I was not told. This is not not that I wasn't told. I'm being told something different than I was told. Would you like to think about it and then come back? No, not really. Okay.

Because then I'm incurring fees in the meantime. So, and I've already gone through a fee process that was again not as explained. So, yeah, I mean, let's just say a year then. But does that do I have to resubmit the whole? Yes, after a year. So, the way that this works is we call it one bite of the apple. You get one chance to explain your case why you're here unless there is some evidence that you didn't have at the time of the hearing, you could ask for a rehearing, but that's or there's a technical error made. So, if you're not comfortable presenting tonight because you'd like more time to verify maybe the time period you're asking for or the actual size of the container, whatever it is, because I can't answer any of these questions for you, that's why I ask them so that the decision, whatever decision is made, if you if you decide you want to continue, any decision that's made, we don't make it harder on you because we didn't ask you enough questions and then we ended up putting something down on paper that wasn't what you asked for, but there was a misunderstanding. So, that's why we ask a lot of questions.

Nick, if if if they were to come back, are there do they have to file new fees or is it just continued for a month? I don't even know. I don't know if they uh charge another fee. I don't I wouldn't think so. And it's not like they have to take the storage container off for the month. I mean, ideally, I guess, but You mean after this? No. No. while we're waiting if they continued it. I'm just No, it's not that easy moving a container. So, I would So, I mean, I just I just want to put that out there. I We're just giving you a lot of information. What would change or be different based on the information that I was given? I did the steps that they said this is it. I talked to three different people in the office. I have a question for you. How long is your lease?

Um, we don't have set terms on the lease. So, you're I mean, it's year to year, but it's year to year. So when does it renew? Um October 1st. Okay. And we're in where are we? April. April. So that's within the 6 months. Okay. And we have a letter in the package from your land your um landlord. The owner. The owner indicating he is in agreeance with this. Yes. But as Jackie said, the approval for this stays with the land. That's 100% fine. But that would only be for whatever term.

So wouldn't the owner of the property then be the one? That's why there's a letter. Yeah. So he allows further. He had asked me to handle it. Okay. I'm just trying to Yeah. No, I don't. just he's goes through a lot with this town and in general and he's like if you can handle it, it makes sense for you. It works on the property. It's How long have you lived there? Four years. Four years. Okay.

Any other questions from board members? Did we settle on a period of time? Did we say a year? Uh we're we didn't even go through the questions yet. Okay. Just do you have any questions? Um and I did not see any pictures of the container. Did you supply pictures of the container for us? Okay. Whereabouts on the property? Is it located? Um behind the house. Behind the house. Okay. Yeah. I I went over there and I went to to the church lot next door. See it behind us. Okay. You can't see it from Pillsbury though, right?

Not I mean maybe if you're coming down you could catch it. I didn't try. Yeah. I couldn't see it. One of the churches.

And the container is it a metal container? Yes. Okay. Fully metal, right? Okay. Is it on blocks? Uh, no. Okay.

Okay. You want to go through the Yes. questions. Is the use detrimental to the health or safety of residents? The answer is no. I have no reason to disagree with that. I agree. I agree. I agree. Will the use create undue traffic congestion or a traffic safety hazard in the vicinity of pros development? The answer is no. I agree with no. I agree as well. I agree. Agree. Will the use be incompatible with the surrounding neighborhood? The answer is no. When I drove by, I could not see it from the road. Do you agree? And I will agree. I agree with it. I agree. Agree. I agree.

Will the use be a detriment to property values in the vicinity of the proposed development with consideration given to the location or scale of building structures, parking areas, or other accessways? Their answer is no. I agree given that you can't see it from the road and I think it's surrounded on both sides by churches. I think it's orchard below and then there might be another h. Is there another house? Uh it's part of the church rout that's currently vacant. So I agree that that's no I agree. I agree.

Will a nuisance be created by such use by way of emission of odor, smoke, gas, dust, noise, glare, heat, vibration or other pollutants or the unsightly outdoor storage of equipment, vehicles or other materials? The answer is no. Uh it was represented that the everything will be kept inside the container. So I agree that that's a no. I agree as well. I agree. Agree. I agree. Will the use create a hazard to the public or adjacent property in account of potential fire, explosion or release of toxic materials? The answer is no. Again, everything was represented to be inside the container. So I believe I agree that's a no. I agree.

Agree. Will the use result in the degradation of existing surface and groundwater quality standards or have adverse effect on the natural functions of wetlands on the site which would result in the loss of significant habitat or flood control protection. I don't believe there's wetlands there. I'm in that area pretty frequently, but Nick, are there wetlands there? Okay. Okay. I didn't think so. Couldn't spot one fern, right? No. So, I I agree with that. I agree as well. I agree. Will there be more than one portable storage structure per property? The answer is no. I understand that it was represented there was only one. So I agree with no. I agree. I agree.

Will the portable storage structure be larger than 10 ft wide, 20 ft long, and 10 ft high? It was represented that it is not larger than that. So I have no reason to disagree with that. I agree. I agree. Agree. So that is a no. Will the portable storage structure be located to the side or rear of the principal structure on the property? The answer is yes given where it is and I agree with that. I agree. I agree. Will the portable storage structure be set back a minimum of 15 ft from any side or rear lot lines and 40 ft from any property line? The answer is yes. And I have no reason to disagree with that given where it is on the property. I agree. I agree.

Will the portable storage structure be set back a minimum of 5t from the nearest wall of a building? The answer is yes. Um I do not have any reason to disagree with that. I agree. I agree. Agree. Will the portable storage structure be placed on paved concrete, other appropriate impervious surface or be placed on blocks? The answer is yes. I have no reason to disagree with that. So, it's I think I we report yes to that, but it's not on blocks. Is it on an impervious surface though? Like, is it on concrete? No, it's it could hard grally. Yeah,

like the driveway. It's not impervious. So, it's on stone. Yeah, because it's that's part of the yard that wasn't actually a yard because that used to be Well, it was an old carriage house, but that used to be like unfinished after the driveway. So, it's I wouldn't say grass, but it's like a crushed stone kind of. Nick, that does not constitute the Yes. supposed to be on blocks or hot surface. Yep. Um, and you answered yes that you will be putting it on a hard surface or blocks. Okay.

Yep. Okay. Applicant agrees to do that. Okay. Was that a yes? Yes. Yes. Okay. You will. Okay. I agree then. I agree as well. That's fine. Agree. If applicable, will adequate and appropriate facilities be provided for intended use? There was no answer. I don't believe that anyone's I mean there's no one living there so you're not going to have a porta potty in there. No. Okay. So that's a yes answer. I agree. If applicable while necessary state and federal permits be obtained. I don't believe that's applicable either. So I don't believe so.

Most likely the answer is yes. Yes. So the next question is what is the length of time the portable storage structure remain on the property? In the application, there is a representation that it'll be for six months that is extends beyond if it's a year-to-year lease and it's go the lease goes until October. I see no reason why not to give the six months that's requested. I agree. I agree. Agree. Is the board attaching any conditions? If yes, place those conditions here. I don't have any conditions because we're addressing it as six months. Correct. And they've addressed the issue that they put it on the blocks and they're going to put it on the blocks. Correct. That's fine.

I'm going to take it out to the audience. Is there anyone that would like to speak in favor of the applicant? Do so. Let the record show there is no one. Anyone in opposition? Let the record show there is no one. Um, do I have a motion? like to make a motion in case number 4152026-1 to grant the request for a special exception with the six-month time period. Uh, and you want to state the for the record what month that will be? Uh, that will take us to October 15, 2026. Thank you. I do I have a second? A second. Great. All those in favor? I opposed. You're all set. Thank you. Have a good night. You as well.

The request for a special exception in case number 415, 2026 was granted. Nick, do we have any other communication or miscellaneous information that we must go over? None that I know of. Okay. Do I have a motion to adjurnn? Like to make a motion to adjurnn. Do I have a second? A second. All those in favor? I opposed. Let's have it 48.

I know. Brendan, nice to meet you, Jackie. Andrea, nice to meet you. Nice to meet you. Mitch, nice to meet you. Lisa, nice to meet you. Nice to meet you. And I'm actually currently on the zoning board in Derry. Okay. Okay. So,

and you're moving into London. I've been born and raised in London 34 years. Um, I own