Zoning Board of Adjustment

City of Rochester Zoning Board of Adjustment Wednesday July 8, 2026 31 Wakefield Street, Rochester, NH 03867 (These minutes were approved on, 2026) Members Present Larry Spector, Chair Tate Adams Matthew Winders Members Absent Susan Austin, excused Robert Longo, excused Lance Powers, excused Alternate Members Present Raymand Wayman Staff: 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. Adams, Mr. Winders, Mr. Wayman and himself. Mr. Spector took a moment to explain to the applicants in the audience that only four Zoning Board members were present, this was considered a “Short Board”. He went on to explain if the vote ended in a 2 – 2 tie, the vote would fail and the application would be denied. Because of this the State law allows applicants to continue their hearing to the next meeting to allow a full Board. Each applicant was asked before the meeting began and they both wished to proceed. 4. Request for Rehearing: Z-25-36 Steven Fleming Consideration of Request to Rehear a Variance from Table 29-A to permit an electronic message sign. Location: 43 Highland Street, Map 104 Lot 56 in the Neighborhood Mixed Use Zone. Page 1 of 5 26 07 08 ZBA Minutes The Board discussed whether or not to rehear the case. Mr. Adams said the Board had a through discussion during the original hearing. He said reviewing the applicants resubmittal which included two pictures of existing gas station signs he doesn’t feel it is enough to change his mind. Mr. Spector agreed. He said the pictures only showed the digital gas station signs. Mr. Wayman said he also agreed. He said the signs for the two gas stations have been in place since before the current zoning ordinance was adopted which make them grandfathered. Mr. Wayman went on to say the applicant did not present any new information for the Board to review. Mr. Winders said after reviewing the original application as well as the rehearing request, the applicant did not present any new information that would have swayed how the Board voted. Mr. Winders added the applicant did not present any information as to how the Board erred in its original decision. A motion was made by Mr. Adams to deny the rehearing request for case Z-26-8 citing no new information was submitted, the Board thoroughly discussed the criteria and did not err in its decision. Mr. Winders seconded. The motion carried unanimously by a roll call vote. 5. New Cases: Z-26-13 Danielle Morrison Seeks a Special Exception from Sections 24.1.I and 24.6 to permit a Home Occupation III located in a multi-family dwelling. Location: 42 B Magic Avenue, Map 130 Lot 42-1 in the Residential-2 Zone. Applicant Danielle Morrison explained she is proposing a small scale coffee roasting business from her home. She went on to say in the beginning customers would be by appointment only, or by mail order. Mr. Adams asked if she currently has a coffee roaster in the house. Ms. Morrison explained she has an electric roaster that can roast approximately two pounds of coffee at a time that has been approved by the Fire Department. Mr. Adams asked if the roaster if vented to the exterior of the house. Ms. Morrison said it is vented to the outside. She went on to say the neighbor that shares a wall with her unit has not been able to smell any fumes, as well as the other neighbors she has spoken to. Mr. Wayman asked if the City conducted a site visit. Ms. Morrison stated she provided photos of what the setup looks like at the minor site review meeting. Mr. Wayman asked what her plan is if the business were to grow. Ms. Morrison explained she has a full-time job, this would be a part-time job. She said she only plans on having a few customers, however if the business were to grow into a larger operation she would find a commercial space. Mr. Spector opened the public hearing. David Morrison of 42 B Magic Avenue said it is truly a small scale operation. They have tested with some friends and family to make sure it works. Mr. Morrison said they have talked to their neighbors to ensure they cannot smell the fumes as that is the biggest concern. There was no one further from the public to speak; Mr. Spector brought the discussion back to the Board. Mr. Adams asked what time she is planning on roasting the coffee. Ms. Morrison said it would be either before she goes to work, between 7:00am and 8:00am or after work, between 5:00pm and 6:00pm as not much time is needed. Mr. Spector closed the public hearing. Page 2 of 5 26 07 08 ZBA Minutes Ms. Galloway Staff feels the applicant has met Special Exception criteria and recommends the Board approve the application with the following conditions, 1) customer pick-up times shall be between 8:00am to 6:00pm Monday thru Friday and 9:00am to 6:00pm on Saturdays; 2) there shall be only one (1) customer at a time for pick-up; and 3) there shall be no emission of noise, odor, dust, fumes, vibration, or smoke beyond the walls of 42-B Magic Ave, per Zoning Ordinance 275-24.1.G The Board deliberated the special exception criteria. Mr. Wayman said he liked the idea of a home-based business, especially if it has started out as a hobby. Mr. Wayman said the specific site is an appropriate location for the proposed use, is met, citing the business will remain subordinate to the dwelling’s primary residential use and will have little or no visible impact on the neighborhood. The proposed use would not be detrimental, injurious, obnoxious, or offensive to the neighborhood, is met, citing the use will be restricted to a limited scale, creates no noise or odor or visual impacts outside of the private residential space, and maintains the residential character of the area. The proposed use would not create an undue hazard or nuisance to vehicular or pedestrian traffic, is met, citing the volume of traffic generated is expected to be comparable to that of typical residential use and will not adversely affect the safety or convenience of neighboring properties on this public road, and there is adequate off-street parking available on the property, and business activities will not obstruct roadways, sidewalks, or pedestrian access. Adequate an appropriate facilities and utilities will be provided to ensure the proper operation of the proposed use, is met, citing the proposed use will not require any new facilities or utilities. The proposed use is consistent with the spirit of this chapter and the intent of the master plan, is met, citing the home occupation will allow for small-scale local economic activity while preserving the residential character of the neighborhood by being incidental to the residential use of the property. A motion was made by Mr. Wayman to approve case Z-26-13 citing the Special Exception citing criteria has been met, with the following conditions 1) customer pick-up times shall be between 8:00am to 6:00pm Monday thru Friday and 9:00am to 6:00pm on Saturdays; 2) there shall be only one (1) customer at a time for pick-up; and 3) there shall be no emission of noise, odor, dust, fumes, vibration, or smoke beyond the walls of 42-B Magic Ave, per Zoning Ordinance 275-24.1.G; and 4) there is to be no expansion of the home occupation. Mr. Adams seconded. The Board briefly discussed the motion. Mr. Winders said the Board should determine what “expansion” means. He further stated it would be reasonable to allow two customers at one time as well as allowing her business hours to run until 8:00pm during the week and on Saturday. Mr. Adams said he agreed. Ms. Galloway stated the conditions of approval are directly from the home occupation section of the zoning ordinance. The motion carried unanimously by a roll call vote. Z-26-16 AutoZone – Cassandra Peeler Seeks a Variance from Section 8.5.B(10)(a)[1] to construct a commercial building with a 46-foot front setback where 50-feet is required and an 8-foot rear setback where 100-feet is required. Location: 0 Farmington Road, Map 208 Lot 16 in the Granite Ridge Development Zone. The applicants representative Henry Aquino of Nobis Group explained they are proposing a 7,300 square foot retail Autozone store with associated parking, landscaping, utilities, and stormwater improvements. He said the parcel is bound to the south by Route 11, from the east by a Meineke store, and the north by a residential home. Mr. Aquino stated the property is constrained by its physical location, including some environmental features such as the property is only 120-feet wide, making it impossible to meet the 50-foot front setback and the 100-foot rear setback. Page 3 of 5 26 07 08 ZBA Minutes Mr. Aquino said the proposed buildings location was chosen to maximize compliance with the zoning ordinance as well as the sites limitations. He went on to say the parcel also has an access easement for the residential property behind it, as well as jurisdictional wetlands. Mr. Aquino said this project has gone through extensive review by the Conservation Commission and the Planning Board. He said the Conservation Commission gave full approval, and the Planning Board conditionally approved the project contingent on Zoning Board approval. Mr. Spector asked if the applicant currently owns the property. Mr. Aquino said the applicant would purchase the property once approvals are granted. Mr. Wayman asked why they chose this property. He said there is nothing wrong with have green space, even in a commercial zone. Mr. Aquino said he couldn’t say why the developer chose this particular parcel. Mr. Wayman asked if they had consulted with the residential property owner behind them. Mr. Aquino said there has been communication with the neighbor and there hasn’t been any opposition. Mr. Aquino went on to explain they will be improving the access with pavement, and they will be maintaining it. Mr. Adams asked if they have a plan for delivery trucks and how they would unload without being a hazard to Route 11. Mr. Aquino explained they have provided a fire truck radius plan for the Fire Department. He also said loading and unloading of the delivery truck will be done once a week during off hours. 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. Mr. Galloway said when the zoning ordinance was revised a few years ago to include larger setbacks staff understood there were some parcels that did not have the size to support the new dimensional requirements because they are some of the smallest lots in the district. This is one of those lots. This parcel is approximately 117 feet wide, once the front and rear setbacks are applied there is no buildable area. Ms. Galloway said Staff feels the applicant has met the variance criteria and recommends the Board approve the application with the following conditions; 1) A Site Plan must be approved by the Planning Board, and a Building Permit issued for the foundation approved by July 8, 2028 (two years from the date of the Zoning Board decision); and; 2) Per NH RSA 674:33.I-a(a) the approval is valid until July 8, 2028, and there is to be no extension time granted or considered. The Board deliberated the criteria. Mr. Spector said he felt the hardship hadn’t been met, further saying the applicant hasn’t purchased the property yet. He said there are so many other properties without these constraints. Mr. Wayman said he agreed. He went on to say he didn’t feel like it was a good idea to purchase a narrow piece of property with all its challenges to construct a building that barely fits. Mr. Wayman said he understands this is a commercial zone and businesses line the road, however there is nothing wrong with having some green space also. Mr. Winders said the property is unique because of its size, and constraints, therefore it meets the hardship criteria. Mr. Adams agreed, saying the property is very unique. Mr. Spector recommended the Board continue the application to the August meeting to allow the Board to review the recommendations from the Conservation Commission and Planning Board. There was a brief discussion regarding continuing the application. Page 4 of 5 26 07 08 ZBA Minutes A motion was made by Mr. Spector to continue case Z-26-16 to the August 12, 2026 meeting to allow the Board time to review recommendations from the Conservation Commission and Planning Board. Mr. Wayman seconded. The motion carried unanimously by a voice vote. 6. Approval of Minutes: A motion was made by Mr. Winders to approve the minutes from the June 10, 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 7:40 p.m. Mr. Adams seconded. The motion carried unanimously by a voice vote. Respectfully Submitted, Crystal Galloway, Planner I Page 5 of 5 26 07 08 ZBA Minutes