Zoning Board of Adjustment

City of Rochester Zoning Board of Adjustment Wednesday February 11, 2026 31 Wakefield Street, Rochester, NH 03867 (These minutes were approved on March 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 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 Director of Planning and Development, Seth Creighton, 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. Z-26-2 Connor & Sarina Thom Seeks a Special Exception from Section 26.3.B to permit parking of commercial vehicles on residential property. Location: 32 Four Rod Road, Map 229 Lot 9 in the Agricultural Zone. Page 1 of 4 26 02 11 ZBA Minutes Mr. Spector let the Board and members of the audience know the applicant withdrew the Special Exception application and it will not be heard. 4. Request for Rehearing (Not a Public Hearing): Z-25-36 Scott Carter (Brighter Day Recovery Corp) Consideration of Request to Rehear 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 Board discussed whether to rehear the Variance case. Mr. Wayman said he feels the Board should rehear the case because he feels more questions should have been asked during the hearing. Mr. Wayman shared his reasons why he felt the variance criteria were met and why this type of business is needed. Mr. Creighton reminded the Board that the discussion must focus on the rehearing. Mr. Spector said he didn’t think the case should be reheard. Mr. Winders said he agreed, based on the material the applicant provided. He said the Board has to look at whether it miss err in its decision, or is there substantial new information that has been provided. He said the answer to those questions is no. Mr. Winders went on to say when the motion was made to deny the case a reason was given as to how they didn’t meet the five criteria. Mr. Powers said he agreed with Mr. Winders. A motion was made by Mr. Winders to deny the request for rehearing in case Z-25-36 citing the Board did not err in its decision, they gave a clear reason why the variance was denied. Mr. Jaffin seconded. The motion carried unanimously by a roll call vote. 5. Extension Request: The Board opened cases Z-23-51, Z-23-52, and Z-23-53 in order to have one discussion. Z-23-51 NM Cook Development, LLC Seeks an EXTENSION to a Variance from Section 8.5.B.10(a)(1) to permit minimum building setbacks closer than 100’ to the rear boundary line. Location: 0 & 17 Farmington Road, Maps 216 & 221 lots 29 & 164 in the Granite Ridge Development Zone. Z-23-52 NM Cook Development, LLC Seeks an EXTENSION to a Variance from Section 8.5.B.10(a)(1) to permit minimum building setbacks closer than 50’ to the front boundary line to Farmington Road. Location: 0 & 17 Farmington Road, Maps 216 & 221 lots 29 & 164 in the Granite Ridge Development Zone. Z-23-53 NM Cook Development, LLC Seeks an EXTENSION to a Variance from Section 8.5.B.10(a)[b][2] to permit development without the need for the 300’ buffer requirement. Location: 0 & 17 Farmington Road, Maps 216 & 221 lots 29 & 164 in the Granite Ridge Development Zone. Christopher Berry of Berry Surveying and Engineering explained the Board granted three variances for a commercial project on Route 11, between 23 and 17 Farmington Road. He said the variances were for setbacks that were previously required in the Granite Ridge District. Mr. Berry said they are asking for an extension to the variances. He said the project is complex and it takes time to prepare and get through the approval process. Mr. Berry explained they have been working with the TRG, developing plans for approval, working with NHDOT, and filing alteration of terrain permits. 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. Page 2 of 4 26 02 11 ZBA Minutes Mr. Creighton explained the State law states any variance must be acted on within a two-year period. He went on to say the law also states that extensions can be granted. Mr. Creighton said zoning ordinances, and development patterns often change. He said the ordinance has changed in this district, such that the requirement for a 300-foot buffer is no longer needed. Mr. Creighton said staff recommends the Board grant the extension requests because the project has been held up by a State and City “Route 11 improvements project”, which is a massive undertaking. He went on to say the applicant hasn’t been able to proceed because they did not know what the road in front of the parcel would look like. Mr. Creighton said the engineering is now vetted, and the public hearings have been held. Mr. Creighton said Staff recommends the Board reset the timeframe, so the applicant will have another two years to get the project vested in accordance with NH RSA 674:39 Mr. Spector closed the public hearing. The Board discussed whether to grant an extension. Mr. Powers said he agreed with the City Staff. A motion was made by Mr. Powers to approve the extension to October 11, 2028 to allow vesting in accordance with NH RSA 674:39 for case Z-23-51. Mr. Adams seconded. The motion carried unanimously by a roll call vote. A motion was made by Mr. Powers to approve the extension to October 11, 2028 to allow vesting in accordance with NH RSA 674:39 for case Z-23-52. Mr. Adams seconded. The motion carried unanimously by a roll call vote. 6. New Cases: Z-26-1 Fay & Jay Aucella Seeks an Variance from Table-18A to convert the structure to a single-family dwelling residential use, where such a use is not permitted. Location: 47 Hanson Street, Map 120 Lot 382 in the Downtown Commercial Zone. The applicant Fay Aucella explained they purchased the property with a goal of converting the first-floor commercial unit into residential space to permit a single-family primary residence. Ms. Aucella read through the five criteria. 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 said historically the building has been a mixed-use building. He said the first-floor uses have been Hartigan’s restaurant and tavern, a sign makers shop, as well as other businesses. Mr. Creighton said staff feels the variance criteria have not been met. Mr. Spector closed the public hearing. The Board deliberated the variance criteria. Mr. Wayman said he felt an approval would be creating issues for the future. Page 3 of 4 26 02 11 ZBA Minutes Mr. Winders said the property and the building are both unique which would be a hardship. He went on to say it gets a little tricky when looking at the other criteria such as being contrary to the public interest, and the spirit of the ordinance because the downtown commercial district is meant to be mixed use. Mr. Adams said he feels the spirit of the ordinance is not met because the City is trying to set a standard. Mr. Spector said there is a hardship however it does not meet the other criteria. Mr. Jaffin said the idea is to create foot traffic in the downtown commercial zone, having a single-family home goes against that, which is contrary. A motion was made by Mr. Jaffin to deny case Z-26-1 citing the variance is contrary to the public interest. Mr. Adams seconded. The motion carried by a 3 to 2 roll call vote. Mr. Winders and Mr. Powers opposed. 7. Approval of Minutes: A motion was made by Mr. Winders and seconded by Mr. Powers to approve the minutes from the December 10, 2025 meeting. The motion carried unanimously by a voice vote. 8. Annual Meeting: A. Election of Officers Mr. Powers nominated Larry Spector for the Chair position. Mr. Winders seconded. The nomination carried unanimously by a roll call vote. Mr. Spector nominated Lance Powers for the Vice Chair position. Mr. Winders seconded. The nomination carried unanimously by a roll call vote. 9. Other Business/Non-Scheduled Items: Mr. Spector reminded the Board members, even if they are not a voting member, should still be involved in the discussion for each agenda item. Mr. Jaffin asked if there is any shared workspace in the city. Mr. Creighton said the zoning ordinance allows it. 10. Adjournment: A motion was made by Mr. Winders to adjourn at 7:73 p.m. Mr. Powers seconded. The motion carried unanimously by a voice vote. Respectfully Submitted, Crystal Galloway, Planner I Page 4 of 4 26 02 11 ZBA Minutes