ZONING BOARD OF ADJUSTMENT
February 24, 2011
The meeting was called to order at 7:04 p.m.
Roll Call: Present were Larry Ordway, Chairman; Paul Boniface; Kim Crapo, Alternate and James Allen, Alternate. Excused were Julie Matthews, Vice Chairman and Roderick Cole. Joyce Ingerson, Alternate; was recused and Robert Loeffler, was absent.
J. Allen and K. Crapo were appointed voting members for the meeting.
Minutes of January 06, 2011
L. Ordway explained that the only set of meeting notes they can approve tonight are the January 06, 2011, minutes.
J. Allen moved, second by L. Ordway, to approve the minutes of the January 06, 2011, meeting. There was no discussion on the motion and the vote was 4-0-0 U/A.
#11-01: A request from Luchy Hidalgo for a special exception under Article X, all sections, to permit a home occupation, namely a massage therapy business. The property is located at 111 Main St, Tax Map 40, Lot 80, in the CII/VD District. The applicant is the property owner of record.
L. Ordway explained to the applicant that they are in the same situation as last month without five Board members present. If the Board splits the application is denied as there must be three (3) votes to the affirmative to grant a motion. L. Ordway gave the applicant the choice to postpone if she wished. The applicant chose to proceed.
Luchy Hidalgo, 111 Main Street, and her husband Victor Samleck were present for the application. She explained that she is asking for a special exception under Article X for a home occupation and offered the following:
- A Part time massage therapy business
- It will be located in an attached barn area
L. Hidalgo presented the Board with a map of her Home.
- Barn area has a bathroom that will be used for clients only
- Business will be on lower level, no steps
- Clients are by appointment only
- Her license exam is scheduled for two (2) weeks
- License will be placed in a visible location within the business
- No retail
- Has a fire alarm and six (6) exits
The Board reviewed the requirements for the granting of a home occupation special exception noting the following:
- The application qualifies for a home occupation under § 220-66, Section A – Personal Services
- There will be no equipment other than a small hot stone heater.
- L. Hidalgo is the property owner and it is currently a residential dwelling
- The barn is attached to the home and 19% of the home will be used for the home business
- There will be no storage, retail or any changes to the residence
L. Ordway asked if there would be a separate entrance to the area she will use for the business.
L. Hidalgo replied that there are two entrances, one through the main house and one through the barn door.
L. Ordway asked if she intended to have a sign.
L. Hidalgo answered yes, and they discussed the sign size regulations.
- There are no employees working for L. Hidalgo
L. Hidalgo offered that in the future she may have a friend work as an independent contractor, but that they could only work one at a time as there is only one (1) client room. She added that the friend would work when she is out of the country; they would never work at the same time. Only one (1) client will be in the business at a time.
- Sufficient off-street parking is available
- There will be no deliveries
L. Ordway explained the vehicles restrictions and stated that although this does not apply he wanted to know how many cars presently are parked on the property.
V. Samleck responded that there are two (2) cars on the property and added that in addition to the four-car driveway there is also a gravel driveway on the other side of the house where they can park their personal vehicles.
- There are no covenants on the deed to prohibit a home occupation
- The Board has both a copy of the deed and a sketch of the floor plan
- All the abutters have been notified
L. Ordway noted that the building inspector may want to inspect the property and can do so periodically. He stated that there is a fee and the home occupation permit would be good for three (3) years and would then need to be renewed.
L. Ordway asked if they would give the Board a picture of the gravel driveway once the snow has melted, and L. Hidalgo said she would get that to them.
J. Allen asked where the second egress was.
V. Samleck replied that there is the garage door area, which they hope to not have it as a garage in the future, and there is also an egress on the other side of the house off the patio which would only be used in an emergency. He added that the main entrance would be the house entrance.
L. Ordway asked about the separate rental unit and if it is occupied.
L. Hidalgo answered yes it is a rental but is not occupied.
J. Allen asked if it was to become occupied, would it use the same parking.
L. Hidalgo responded that they (her husband and herself) would use the gravel driveway and that the renter would have to park out front so the parking for the clients is clear at all times.
J. Allen asked if they plan on having the rental unit occupied soon.
L. Hidalgo explained that they may. She added they only want one person living in the apartment, so it is empty now. The parking in the driveway will be left open for clients only. Where clients are scheduled by appointment only they can make sure the driveway is clear.
L. Ordway asked what would be the hours of operations.
L. Hidalgo replied Saturday and Sunday mornings and afternoons and possibly two (2) nights during the week from 5:00 to 7:00.
L. Ordway asked if the Board was to but a restriction on approval that there are no activities after 9:00 at night would that be acceptable.
L. Hidalgo answered that it would.
L. Ordway asked if there were any more questions from the Board and there were none. He asked if there was anyone speaking in favor of or in opposition to the application. There was no one and the matter was closed.
L. Ordway explained the deliberations process and that there could be no additional input from anyone. He added that they will receive written notice of decision within ten business days, but that they cannot do anything for thirty (30) days in case someone wants to appeal the decision.
DELIBERATIONS
#11-01: A request from Luchy Hidalgo for a special exception under Article X, all sections, to permit a home occupation, namely a massage therapy business. The property is located at 111 Main St, Tax Map 40, Lot 80, in the CII/VD District. The applicant is the property owner of record.
P. Boniface moved, second by K. Crapo, to grant the request for a special exception under Article X to permit a home occupation, namely a massage therapy business at 111 Main Street, Plaistow and the case was opened for discussion.
L. Ordway summarized the application noting the following:
- Standard home occupation request
- Personal service business
- Business will be in a room in the barn attached to the main dwelling unit
There will be no sales or merchandise
There will be plenty of parking reserved for the clients
- Gravel driveway will be used for personal parking
- They are looking for a one car renter for the rental unit who can park on the street
- Clients will be one at a time (by appointment)
There was no more discussion on this matter. The vote was 4-0-0 U/A.
There was no further business before the Board. The meeting was adjourned at 7:29 p.m.
Respectfully Submitted,
Laurie Pagnottaro
Recording Secretary
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