ZONING BOARD OF ADJUSTMENT
April 28, 2011
The meeting was called to order at 7:00 p.m.
Roll Call: Present were Larry Ordway, Chairman; Paul Boniface; Kim Crapo, Alternate; and James Allen, Alternate. Excused were: Julie Matthews, Vice Chairman; Roderick Cole; and Joyce Ingerson, Alternate.
J. Allen and K. Crapo were appointed voting members for the meeting.
Minutes of January 27, 2011
L. Ordway moved, second by K. Crapo, to approve the minutes of the January 27, 2011 meeting. There was no discussion on the motion and the vote was 1-0-3 (Boniface, Crapo and Allen abstaining).
Minutes of March 31, 2011
P. Boniface motioned, second by L. Ordway to approve the minutes of the March 31, 2011 meeting. There was no discussion on the motion and the vote was 3-0-1, (Allen abstaining).
#11-03: A request from Eric Bell for a special exception under Article X, all sections, to permit a home occupation, namely an office for consulting business. The property is located at 4 Tracey Lane, Tax Map 38, Lot 139, in the LDR District. The applicant is the property owner of record.
L. Ordway explained to the applicant that there are only four (4) Board members present. It was noted that a minimum of three (3) votes to the affirmative were needed to pass any motion. L. Ordway informed the applicant that he had the right to postpone his hearing if he wished. The applicant chose to proceed.
Eric Bell, 4 Tracey Lane, was present for the application. He explained that his business is consulting in the computer industry. He added that he works with clients at their sites and noted the following:
- He has a small office with just a computer and a desk
- He will do only research and bookkeeping at the home office
- There will be no clients at the home office
- There will be no sign
- He is self employed
- It is a quiet business
The Board reviewed the criteria for the granting of a home occupation special exception noting the following:
- The application qualifies for a home occupation under § 220-66, Section A – Consultant
- The business will not be injurious, noxious or offensive by way of any waste or fumes
- The applicant has lived in the home for six (6) years and the house is twelve (12) years old
- The business will be in 7% of the home
- There will be no sign
- There will be no other employees
- There will be no merchandise display
- Other criteria does not apply; no trucks or chemicals
L. Ordway noted that a sketch of the house and a copy of the deed were provided.
L. Ordway explained that the Building Inspector may visit the home and can do so periodically. He added that there is a fee and that it is renewable every three (3) years.
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 (10) business days, but that they cannot do anything for 30 days in case someone wants to request a re-hearing to appeal the decision.
DELIBERATIONS
#11-03: A request from Eric Bell for a special exception under Article X, all sections, to permit a home occupation, namely an office for consulting business. The property is located at 4 Tracey Lane, Tax Map 38, Lot 139, in the LDR District. The applicant is the property owner of record.
P. Boniface moved, second by J. Allen, to grant the request for a special exception under Article X to permit a home occupation, namely a consulting business at 4 Tracey Lane, Plaistow and the case was opened for discussion.
L. Ordway summarized the application noting the following:
- Standard home occupation request
- There will be no sign
- It will be a one person office
- There is off street parking
- There is no chemicals
- There will be no clients to the home office as all business will take place at the clients sites
- There will be no effect on the neighborhood
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 7:10 p.m.
Respectfully Submitted,
Laurie Pagnottaro
Recording Secretary
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