Zoning Board of Adjustment

City of Rochester Zoning Board of Adjustment Wednesday April 8, 2026 31 Wakefield Street, Rochester, NH 03867 (These minutes were approved on May 13, 2026) Members Present Larry Spector, Chair Lance Powers, Vice Chair Tate Adams Matthew Winders Members Absent James Connor, absent Randy Lavallee, absent Robert Longo, absent Alternate Members Present Susan Austin 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, Ms. Winders, Mr. Wayman, and himself. 4. New Cases: Z-26-6 Matthieu & Megan Gagne Seeks a Variance from Section 23.2.A(1)(d) to permit a 924 s.f. accessory dwelling unit where 800 s.f. is permitted. Location: 8 Julia Avenue, Map 236 Lot 47 in the Agricultural Zone. Page 1 of 4 26 04 08 ZBA Minutes The applicant Megan Gagne explained the request for a variance for a 924 square foot accessory dwelling unit. She said their vision for the property is to build a modest new home with a shared driveway with a safe functional accessory dwelling unit. Ms. Gagne said the request is for a minor deviation, just 124 square feet over the 800 square foot limit. She said one of the closets is used as a utility closet, and is hopeful the Board will take that into consideration as an unusable living space. Ms. Gagne said they feel their proposal fits with the neighborhoods character and supports the States broader goals for housing diversity and aging in place options. Mr. Wayman asked how big the utility closet is. Ms. Gagne said it is approximately 30 square feet. Mr. Adams asked if there would be a shared driveway for the new home and the accessory dwelling unit. Ms. Gagne said yes. Mr. Adams asked if they have city water and sewer or well and septic. Ms. Gagne said they currently have a well and septic, however when they build the new house they will most likely connect to city water. Mr. Spector asked for the City’s position. Mr. Creighton said the Board and applicant received a copy of the staff memo. He went on to remind the Board all five criteria must be met in order for them to approve the variance. Mr. Spector opened the public hearing. There was no one from the public present to speak; Mr. Spector closed the public hearing and brought the discussion back to the Board. The Board deliberated the variance criteria. Ms. Powers said the State is currently working on increasing the size limit for accessory dwelling units. Mr. Creighton explained there have been a lot of bills proposed over the last few years in regard to land use. He said as of now the law is municipalities may not overly restrict accessory dwelling units, meaning the City has to allow them to be detached and the size cannot be restricted to less than 700 square feet. Mr. Powers said they could potentially eliminate one of the two bedrooms in the existing mobile home by closing it off and making it a storage room, which would bring them down to approximately 800 square feet for the ADU. Mr. Powers went on to say he feels it is an unnecessary hardship to ask the applicant to tear down the mobile home to build something that is 800 square feet. Mr. Winders said he didn’t feel the applicant has met all five criteria, especially the hardship criteria. He said the hardship is supposed to be for the land itself, and there isn’t anything unique about it. Mr. Spector said he agreed. A motion was made by Mr. Wayman approve the first criteria citing the public is interested in having alternative housing, which is why the State passed the legislation. Mr. Powers seconded. The motion carried by a 4 to 1 voice vote. Mr. Adams opposed. A motion was made by Mr. Wayman to approve the second criteria citing the public is trying to get more housing/accessory dwelling units. Mr. Powers seconded. Mr. Winders said he would be voting against the motion because there is a clear size limit and the applicant is over it, which goes against the spirit of the ordinance. The motion failed by a 3 to 2 voice vote. A motion was made by Mr. Winders to deny case Z-26-6 citing the spirit of the of the ordinance is not met because there is a clear size limit. Mr. Adams seconded. The motion carried by a 3 to 2 roll call vote. Mr. Wayman and Mr. Powers opposed. Z-26-7 Gold Creek Kitchens Seeks a Variance from Section 23.2.A(1)(k) to permit a 1,500 s.f. security apartment where 800 s.f. is allowed. Page 2 of 4 26 04 08 ZBA Minutes Location: 89 Milton Road, Map 210 Lot 50 in the Highway Commercial Zone. Andrew Pieroni of Verdantas explained the overall scope of the project is to construct a mixed use building with commercial space on the ground floor and a dwelling unit on the second floor for the applicant and his family. Mr. Pieroni said the footprint of the building is approximately 4,800 square feet with a 1,600 square foot residential unit. He said staff told him in January that the use would be a security apartment which has a limit of 800 square feet. Mr. Pieroni said the intent of the project is to construct the residential unit within the rafters of the proposed building. Mr. Pieroni briefly went through the variance criteria. Mr. Pieroni said according to Table 18-A within the highway commercial zone, dwellings and mixed-use buildings are allowed. He said discussions with Staff in January it was determined to be a security apartment. He asked if it were to be a mixed-use building would they have build two residential units. Mr. Wayman asked how the property has a hardship. Mr. Pieroni said strict enforcement of the 800 square foot limit does not provide any additional benefit to the abutting properties, it just significantly impacts the applicant. Mr. Adams asked how many bathrooms they are proposing for the dwelling. Mr. Pieroni said there will be one bathroom. 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 Staff feels the hardship criteria as well as the spirit of the ordinance criteria has not been met. Mr. Powers said he agreed with Staff. He said they are proposing an interior buildout, there is no hardship. After a brief discussion with the Board the applicant withdrew the variance application. 5. Request for Rehearing (Not a Public Hearing): Z-26-3 – Brooke Horton Consideration of Request to Rehear a Special Exception from Table 18-E and Section 22.3.E to permit a farm in the R1 zone. Location: 104 Chesley Hill Road, Map 246 Lot 25 in the Residential-1 Zone. Mr. Spector said this case has gone on for a year to a year and a half. He said the applicant came back at the March meeting, the Board said it fell under Fisher v. Dover, and now the applicant is questioning whether the Board was right in saying that. A motion was made by Mr. Adams to deny case Z-26-3 citing the Board did not err in its decision of Fisher v. Dover, and no new information was submitted. Mr. Winders seconded. Mr. Winders said the applicant has not provided any evidence that the Board erred in its decision, nor have they provided any new information. The motion carried by a 3 to 2 roll call vote. Mr. Wayman and Mr. Powers opposed. Page 3 of 4 26 04 08 ZBA Minutes 6. Approval of Minutes: A motion was made by Mr. Winders to approve the minutes from the March 11, 2026 meeting. Mr. Wayman seconded. The motion carried unanimously by a voice vote. 7. Other Business/Non-Scheduled Items: There was no other business to discuss. 8. Adjournment: A motion was made by Mr. Winders to adjourn at 8:02 p.m. Mr. Powers seconded. The motion carried unanimously by a voice vote. Respectfully Submitted, Crystal Galloway, Planner I Page 4 of 4 26 04 08 ZBA Minutes