By Alex Malm
During the March 15 Zoning Board of Adjustment meeting, one of the agenda items was in regards to a variance application to allow manufacturing at 44 Nashua Road, which is in the C-I zone and isn’t allowed.
“It’s currently not zoned for manufacturing, it’s retail only,” said the owner and applicant, Paul Kelly.
He explained that at their current location in Derry they are a Brew Pub, meaning they are able to manufacture and sell their own beer along with other beer, cider, and seltzers.
He said he is relocating because of the Exit 4A project.
He explained that under state law in order to have a Brew Pub license they would have to be able to manufacture their own beer onsite.
Kelly said the maximum is 2,000 barrels per year, and there isn’t a minimum. He added that since they would have their manufacturing in Derry still, they wouldn’t do more than five gallons per month.
“There’s really no minimum,” Kelly said.
He stated the biggest requirement from the state is having food.
“As long as I’m serving food that’s the big piece for the license,” Kelly said.
Kelly said they wouldn’t be doing anything different than any other restaurant in the area other than the fact that they would be brewing a small amount of beer.
“We’re not doing anything different than any of the other restaurants around us,” said Kelly.
He also noted that in Derry they are zoned for both manufacturing as a restaurant based on their zoning.
Some members of the board noted the issue they had is that the property itself isn’t unique, and that it doesn’t fit within the zoning for the C-I zone.
“That’s why they’ve come, because they don’t fit into the criteria,” said Chair, Jacqueline Benard.
She said that based on their discussion it appears they wouldn’t be allowed anywhere in Londonderry.
“It appears to be true,” said Vice Chair, Suzanne Brunelle.
Assistant Town Manager, Kellie Caron, said they could also continue the application to get more information.
“If the board would like,” she said.
Town Manager, Mike Malaguti, stated they may need to look at the zoning ordinance.
“We need to talk about a change to the zoning ordinance that doesn’t result in that absurd result,” said Malaguti.
Malaguti said he felt staff had the same concerns as the board did.
“I think we’re concerned about the same things the board is concerned about,” Malaguti said.
The board voted to continue the application to April 19.