ZONING BOARD OF ADJUSTMENT
January 25, 2007
Note: Prior to the opening of the meeting there was an informal gathering with Jason Hoch, Plaistow Town Manager. The purpose of the meeting was to introduce the Town Manager to the members. There was no town business or ZBA case matters discussed.
The meeting was called to order at 7:02 p.m.
Roll Call: Larry Ordway, Chairman; Peter Bealo, Vice Chairman; Robert Loeffler; Julie Matthews; and Clifford Clark.
Minutes
R. Loeffler moved, second by C. Clark, to approve the minutes of the January 04, 2007, meeting. The vote was 5-0-0 U/A.
#07-01: A request from Ronald Therrien for a special exception from Article X, all sections, to permit a home occupation, namely a landscaping business. The property is located at 12 Kelley Road, Tax Map 31, Lot 27 and the MDR district. The applicant is the property owner of record.
Ronald Therrien, 12 Kelley Road, was present for the application. He explained that he would like to operate a small scale landscaping business from his home. He noted that he had one truck and one enclosed trailer that would be parked on the property.
The Board reviewed the requirements of Article X with the applicant with the following findings:
- The business qualified for a home occupation under §220-66C
- There would be nothing that would be offensive by way of emission of odors, noise, fumes, dust, vibration or electrical fluctuation
L. Ordway asked if there would be any repairing of the equipment done on the property.
R. Therrien answered that he had a two-car garage that allowed him to do repairs inside. He added that all the equipment would be kept in the enclosed trailer and would be out of sight.
L. Ordway questioned where the trailer would be parked.
R. Therrien replied that it would be to the left of the two-car garage which was approximately 75 feet from the fenced property line.
- The property is owner-occupied
R. Therrien noted that he had started his business in Andover MA, before purchasing this property in December of 2006, and moving to Plaistow. He added that he had not been conducting his business from this location as yet.
- The office is reported to occupy 12% of the living space
L. Ordway inquired if there would be any chemicals, such as fertilizer or gasoline, other than small amount in cans for the equipment, stored on the premises.
R. Therrien answered that there would not be.
- There would no need for outside storage
- The single family character of the dwelling would not be changed
- The applicant does not plan to have a sign at this time
- No outside merchandize display
- Sufficient off-street parking is available or the applicant and any customers, it was reported that 7-8 vehicles could be parked in the driveway
R. Therrien offered that he had one employee who would drive to his home, park his personal vehicle in the driveway in front of the garage and they would leave from the home. He added that he had a one-ton dump truck and the aforementioned trailer as the only business vehicles.
- There were no deliveries inconsistent with what would be considered residential
R. Therrien noted that he would purchase any needed supplies on a job by job basis and it would all be taken to the site.
- There were no restrictions or covenants in the deed
- The dwelling was not a condominium
L. Ordway explained that the business was subject to periodic inspections by the Code Enforcement Officer and that the permit would need to be renewed every three years and would cease with the sale of the property.
L. Ordway asked if the Board had any questions, there were none. He asked if there was anyone speaking in favor of the application.
Jessica Therrien, 12 Kelley Road, said that she was in favor of the application.
L. Ordway asked if there was anyone speaking in opposition of the application. There was no one and the hearing was closed.
L. Ordway explained the process for the meeting, noting that all matters would be heard and then the Board would deliberate each matter making their determinations this evening.
#07-02: A request from Planet Fitness Plaistow for a special exception under Article IX, §220-59.A(1) to permit an attached sign, which is greater than the thirty sq. ft. maximum allowable but less than 10% of the building facade. The property is located at 95A Plaistow Road, Tax Map 28, Lot 23-2 in the CI District. The owners of record are Scott Building Twenty, LLC and Raymond Baron.
Peter Fregeau, Planet Fitness, was present for the application. He explained that he was opening a new business and would like to put the proposed 101.5 sq. ft. sign over the door for identification as well as additional lighting.
There was discussion of the existing signage on the building. It was noted that the other sign on the building was for Baron’s Warehouse. There was a review of the calculations for the proposed sign. It was confirmed that the building façade had been calculated by taking the measurements from the roofline to the foundation and subtracting the glass of only the Planet Fitness unit.
L. Ordway asked how long the sign would be lit.
P. Fregeau replied that the back-lit sign would be illuminate during business hours, which were reported to be 5:00am to 10:00pm, Monday through Thursday; 5:00am to 9:00pm, Friday; and 7:00am to 7:00pm Saturday and Sunday.
C. Clark questioned if this location would be going to 24-hour operation as other Planet Fitness locations.
P. Fregeau replied that it would depend on the demand, adding he didn’t see that the demand would be there for this location.
L. Ordway asked if there was any residential property that would be affected by the lit sign.
P. Fregeau answered there was not.
There was discussion regarding the surrounding properties which were noted to be commercial with wetlands.
There was another review of the calculations. The size of the proposed sign was presented at 101.5 sq. ft. and the façade was calculated to be 2,176 sq. ft. It was noted that this was a flat roof building and there was no false front to it.
L. Ordway asked if there were any questions from the Board, there were none. He asked if there was anyone speaking in favor of in opposition to the application. There was no one and the hearing was closed.
DELIBERATIONS:
#07-01: A request from Ronald Therrien for a special exception from Article X, all sections, to permit a home occupation, namely a landscaping business. The property is located at 12 Kelley Road, Tax Map 31, Lot 27 and the MDR district. The applicant is the property owner of record.
R. Loeffler moved, second by C. Clark, to grant the request for a special exception to permit a home occupation, namely a landscaping business, at 12 Kelley Road.
J. Matthews offered that it was a classic application.
P. Bealo agreed, adding it was straight out of the book.
L. Ordway noted the only question he had was regarding the storage of equipment, which was noted to be 75 feet from the property line and should not be an issue.
There was no further discussion on the motion. The vote was 5-0-0 U/A and the special exception was granted.
#07-02: A request from Planet Fitness Plaistow for a special exception under Article IX, §220-59.A(1) to permit an attached sign., which is greater than the thirty sq. ft. maximum allowable but less than 10% of the building facade. The property is located at 95A Plaistow Road, Tax Map 28, Lot 23-2 in the CI District. The owners of record are Scott Building Twenty, LLC and Raymond Baron.
J. Matthews moved, second by P. Bealo, to grant a special exception for a sign not to exceed 10% of the building façade for Planet Fitness at 95A Plaistow Road.
C. Clark offered that the building was set so far back from the road that the size of the sign was appropriate.
P. Bealo added there were no residential dwellings in the area.
L. Ordway suggested the lighting would be of benefit to the Town.
P. Bealo disagreed, noting studies that showed that when an area is unlit people can’t see what they are doing and are less likely to be there.
There was no further discussion on the motion. The vote was 5-0-0 U/A and the special exception was granted.
R. Loeffler noted that he would not be at the next meeting.
The chairman adjourned the meeting at 7:30 p.m.
Respectfully Submitted,
Dee Voss
Administrative Assistant
| 
