Zoning Board of Adjustment

City of Rochester Zoning Board of Adjustment Wednesday December 10, 2025 31 Wakefield Street, Rochester, NH 03867 (These minutes were approved on February 11, 2026) Members Present Larry Spector, Chair Lance Powers, Vice Chair Tate Adams Matthew Winders Members Absent Susan Austin, excused James Connor, excused Alternate Members Present Robert Jaffin Randy Lavallee Robert Longo Raymand Wayman Staff: Seth Creighton, Director of Planning & Development Crystal Galloway, Planner I These minutes serve as the legal record of the meeting and are in the format of an overview of the Zoning Board of Adjustment meeting. It is neither intended nor is it represented that this is a full transcription. A recording of the meeting is on file online at http://www.rochesternh.gov/ for a limited time for reference purposes. Chair Larry Spector called the meeting to order at 7:00 p.m. The recording secretary, Crystal Galloway, conducted roll call. 3. Seating of Alternates: Mr. Spector said the voting members for the meeting would be Mr. Powers, Mr. Adams, Mr. Winders, Mr. Jaffin, and himself. 4. New Cases: Z-25-34 NH Signs Seeks an Appeal of Administrative Decision from Section 29.3 to permit a non-conforming sign to be replaced with a new sign. Location: 113 South Main Street, Map 125 Lot 136 in the Downtown Commercial Zone. Page 1 of 5 25 12 10 ZBA Minutes Peter March of New Hampshire Sign Company presented the application for an Administrative Decision Appeal. He explained the existing sign is eighty-nine square feet and the brand is being changed from Monster Gas to Citgo. Mr. March stated they originally applied for a fifty-seven square foot sign but have since amended it to seventy-three square feet. He said they plan to use the existing poles, power structure, and sign base for the new sign. Mr. March explained they are appealing administrative decision citing what they believe to be the protected nature of the sign. Mr. March read some excerpts from case law out of New London. Mr. Spector opened the public hearing. There was no one from the public present to speak; Mr. Spector brought the discussion back to the Board. Mr. Creighton explained the Building Director is charged with reviewing sign permits and applying the ordinance and then revised in a few years. He said the ordinance has been in place since 2014, when the City overhauled the Zoning Ordinance. Mr. Creighton said the sign ordinance was discussed in greater detail at both the Planning Board and City Council level regarding when an existing non-conforming sign changed what rules would apply. The Downtown Commercial zone was discussed in great detail because it’s the city’s historic district so there was a lot of emphasis on the look and feel, and how they function with the older community. Mr. Creighton said staff feels the Board should uphold the decision of the Building Director; this has been his interpretation for the last decade. Mr. Adams asked if it’s possible to reuse the existing sign structure. Mr. March said the easiest part to reuse is the concreate structure at the base, and the poles. He explained it gets a little more difficult when the lighting needs to be changed, and the faces needs to be changed and reconfigured. A motion was made by Mr. Powers to deny case Z-25-34 and uphold the Building Directors decision, citing Section 275-29.3.B “no changes in the sign or sign structure are permitted except for basic maintenance and repairs necessary to keep the sign in good working order or other changes which bring the sign into compliance. No non-conforming sign shall be reconstructed, modified, or relocated except for changes to the sign face itself within the same size and shape to accommodate a change of copy. A non-conforming sign which is damaged beyond repair due to a cause beyond the control of the owner may be replaced within one year of when damage occurs”. Mr. Jaffin seconded. The motion carried unanimously by a roll call vote. Z-25-35 NH Signs Seeks a Variance from Section 29.14.B(1) to permit a 79 square foot pylon sign where 25- feet is permitted. Location: 113 South Main Street, Map 125 Lot 136 in the Downtown Commercial Zone. Peter March of New Hampshire Sign Company explained they are seeking a variance to allow a seventy-nine square foot sign where twenty-five square feet is permitted. He explained that gas stations rely on signage for their business to be successful, and gas prices change regularly, which need to be visible. Mr. March said the brand also plays a major role in the success of the gas station. He said they would lose of sales a lot if they went with a twenty-five square foot sign, such as visible prices. He further explained a twenty-five-foot sign would not allow the store tenant to have a place on the sign. Mr. Wayman asked if a smaller sign would put them at a disadvantage in comparison to other signs in the vicinity. Mr. March said the sign would be less than half the size of the other signs in the vicinity. Mr. Wayman asked if they reuse the existing sign if they could make the digital price display large enough to fulfill their needs and supply the Citgo brand. Mr. March said yes. Page 2 of 5 25 12 10 ZBA Minutes Mr. Adams asked if they would be changing the canopy sign and store façade itself as part of the rebranding. Mr. March said yes. Mr. Adams said if they have to comply with a twenty-five-square-foot sign, people would still be able to identify that it is a Citgo gas station. Mr. Spector opened the public hearing. Craig Moore of New Hampshire Sign Company said the signs also have information for card member discounts, which is important to people. There was no one further from the public to speak; Mr. Spector brought the discussion back to the Board. Mr. Creighton referred to the smaller Cumberland Farms sign which is just around the corner from this site; he said staff couldn’t locate a sign permit due to age but. He then presented the Irving Gas sign located at 717 Columbus Avenue. Mr. Creighton explained that parcel is in the Neighborhood Mixed Use zone which also restricts the size of signs to twenty-four square feet; the sign conforms and the business has been extremely successful. Mr. Creighton said staff recommends the variance for a seventy-nine square foot sign be denied. Mr. Spector closed the public hearing. The Board deliberated the criteria. Mr. Spector said he doesn’t feel there is a hardship. Mr. Adams agreed. Mr. Winders said he agreed with the City, especially on criteria five because the applicant didn’t accurately address the fifth criteria, saying they spoke about the business and not the land. A motion was made by Mr. Winders to deny case Z-25-35 citing the criteria had not been met, especially the hardship criteria. Mr. Adams seconded. The motion carried unanimously by a roll call vote. Z-25-36 Scott Carter (Brighter Day Recovery Corp) Seeks a Variance from Table 18-A to permit a Residential Facility. Location: 11 Lincoln Street, Map 125 Lot 132 in the Residential-2 Zone. The applicant, Scott Carter of Brighter Day Recovery presented the Variance application. Mr. Carter stated they are proposing a change of use from an existing assisted living facility to a low intensity treatment facility. Mr. Carter gave the Board an overview of what his organization does. He said they are looking to establish a facility where people in recovery can learn how to live again, such as learning how to get up every day, gain employment, doing household chores, and money management. Mr. Spector opened the public hearing. Clyde Nutter of 18 Lambert Court spoke in opposition. Errol Dewilarsmar, current owner and operator of 11 Lincoln Street spoke about the challenges of using the building for an assisted living facility due to life safety issues. Josh Colwell of Brighter Day Recovery said they are trying to give support to people so they can be successful in their recovery. He said they are teaching people life skills and how to get a job, which is one of the requirements to be in the facility. Mr. Colwell said the program is structured, with case management and on- site staff. Mr. Carter explained they are not a rehab service, it is a place for their clients once they are past the rehab phase of sobriety. Page 3 of 5 25 12 10 ZBA Minutes Mr. Longo asked what the success rate is of someone who goes through this program. Mr. Carter said he was unsure. Mr. Creighton explained the use the applicant is seeking relief for is not permitted anywhere by right, however there are several zones it is permitted by Special Exception. He further explained a condition in the zoning ordinance states that the minimum lot size shall be increased by 2,000 square feet per resident, which means an additional 32,000 square feet would be required for the sixteen residents they are proposing. The existing parcel size is 6,534 square feet. Mr. Creighton said the Board needs to think about the public interest, and whether or not the use within close proximity to a school and a city park is in the public interest. He went on to say staff feels the spirit of the ordinance is not met because the use chart specifically shows where a Residential Facility is permitted by Special Exception and with certain parameters, neither of which are met with this proposal. Mr. Creighton said staff believes the property is unique in such that the structure has been used as an assisted living facility, however aside from the use, the property is similar to others in the area and could be reimagined to be used in conformance as a multi-family dwelling. Mr. Spector closed the public hearing. The Board deliberated the criteria. Mr. Spector said he feels public interest is not met because of the proximity of the park, and there is no hardship. Mr. Powers said he feels the spirit of the ordinance is not met because even if the use was permitted the lot size did not have the required square footage stated in the zoning ordinance. A motion was made by Mr. Powers to deny case Z-25-36 citing the criteria has not been met, especially the spirit of the ordinance. Mr. Adams seconded. The motion carried unanimously by a roll call vote. Z-25-37 Waste Management of New Hampshire, Inc. Seeks a Special Exception from Table 18-E to permit earth, sand and gravel excavation and processing. Location: 14 Taylor Avenue, Map 262 Lot 22 in the Recycling Industrial Zone. Mr. Spector let the Board know the applicant requested the application be postponed. 5. Approval of Minutes: A motion was made by Mr. Winders and seconded by Mr. Powers to approve the minutes from the November 12 2025 meeting. The motion carried unanimously by a voice vote. 6. Other Business/Non-Scheduled Items: There was no other business to discuss. 7. Adjournment: Page 4 of 5 25 12 10 ZBA Minutes A motion was made by Mr. Winders to adjourn at 8:15 p.m. Mr. Adams seconded. The motion carried unanimously by a voice vote. Respectfully Submitted, Crystal Galloway, Planner I Page 5 of 5 25 12 10 ZBA Minutes