ZONING BOARD OF ADJUSTMENT
January 31, 2008
Meeting held at the Plaistow Public Library
The meeting was called to order at 7:00 p.m.
Roll Call: Larry Ordway, Chairman; Julie Matthews, Vice Chairman; Peter Bealo; Clifford Clark; and Roderic Cole, Alternate. Robert Loeffler was excused.
R. Cole was appointed as a voting member, in place of R. Loeffler, for this meeting.
Minutes of December 6, 2007
J. Matthews moved, second by L. Ordway, to approve the minutes of the December 6, 2007, meeting. The vote was 4-0-1 (Cole abstaining).
#08-01: A request from Racquel Holt, for a special exception under Article X, all sections, to permit a home occupation, namely an office for an errand service business. The property is located at 207 Oak Ridge Road, Tax Map 39, Lot 28 in the MDR district.
Racquel Holt, 207 Oak Ridge Road, was present for the application. Ms. Holt explained that she would like to start a personal services business that would include running errands, housekeeping and ride services and would be based in her home. She noted that the business would operate from 8:00 a.m. to 5:30 p.m., Monday through Friday. Ms. Holt added that most of the business would be away from her home, adding that she was not looking to erect a sign.
P. Bealo asked if there would be any services at the home.
R. Holt answered that she would be conducting the administrative services, such as billing and scheduling, from her home.
L. Ordway questioned if there would be deliveries to the home that customers would then be coming to pick-up.
R. Holt replied that she didn’t see that as something that would be happening.
The Board reviewed the criteria for the granting of a special exception with Ms. Holt, who offered the following:
- The type of business qualifies for a home occupation under §220-66A
- There would be no uses that would be noxious, injurious or otherwise hazardous
- There would be no dust, fumes, noise or electrical fluctuations
- The property is owner-occupied and was purchased prior to the business being established
- The office would occupy +/-5% of the living space
- The residential character of the property will not be changed
- There would be no outside storage
- There will not be a sign
- There are no additional employees for the business working on the property
- There will be no outside merchandise display
- Customers were not likely to come to the home, but there was parking if there was an occasional one
- There are no restrictions in the property deed
- The property is not part of a condo or other home owner’s association
- A picture of the driveway was submitted for the file
- All other requirements of the home occupation, including the list of abutters, deed, floor plan and $100.00 home occupation permit fee have been submitted for the application
Ms. Holt was reminded that the special exception, if granted would not be transferable, had to be renewed every three (3) years and that he was subject to periodic inspections by the Code Enforcement Officer.
L. Ordway asked if there were any questions from the Board, there were none. He asked if there was anyone speaking in favor of the application. There was no one. L. Ordway asked if there was anyone speaking in opposition to the application.
Matthew Matson, 205 Oak Ridge Road, noted that he was not speaking in favor or in opposition but did have some questions. He asked if Ms. Holt would be allowed to have vehicles in her driveway, including delivery trucks, beyond what would be expected for a residential use. Mr. Matson also questioned if Ms. Holt would be allowed to expand her existing paved parking area.
L. Ordway noted that she stated that there would be no deliveries or clients to the home, so the question about delivery trucks on the property was a moot point. He added didn’t see that she would have the need to expand the pavement solely based on the home occupation, adding that anyone could expand their residential parking areas without a home occupation.
It was also noted that the Town’s zoning ordinances prohibit vehicles that exceed one-ton capacity and restrict commercial vehicles to not more than two (2), one to be screened or garaged. It was added that this was also true for a home occupation.
M. Matson asked if he could get a copy of the home occupation ordinance. He was informed that the ordinances are available online or that he could call the office the next day for a copy.
L. Ordway noted that any concerns regarding home occupations and whether or not they were maintaining compliance with the ordinance should be directed to the Code Enforcement Office.
There were no additional questions or discussion and the hearing was closed.
L. Ordway explained the process for deliberations.
DELIBERATIONS
#08-01: A request from Racquel Holt, for a special exception under Article X, all sections, to permit a home occupation, namely an office for an errand service business. The property is located at 207 Oak Ridge Road, Tax Map 39, Lot 28 in the MDR district.
J. Matthews moved, second by C. Clark to grant the application for a special exception to allow a home occupation, and errand service, at 207 Oak Ridge Road.
L. Ordway recapped the discussion of the application, noting specifically that there would be no sign; no clients at the property; the intent of the business was to provide errand services for people; and the only activity on the property would be the administrative services.
It was consensus that this was a classic home occupation application.
There was no further discussion on the motion. The vote was 5-0-0 U/A.
The chairman adjourned the meeting at 7:17 p.m.
Respectfully Submitted,
Dee Voss
Administrative Assistant
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