Zoning Board Grants Approvals on Sheds, Chickens & Setback

By John Seidenberg

The Londonderry Zoning Board of Adjustment approved, with some slight dissension, requests for variances and special exceptions to everything from shed plans to chicken farms at the May 19 meeting.

In seeking a variance to encroach 25 feet into the 40-foot front setback for construction of a shed at 15 King Arthur Drive (Map 9, Lot 66-12), zoned AR-1, owner and applicant Edward Curran said his property had nowhere else to place the structure.

He told the zoning board he wanted the 16×22′ shed in front in order to enable access to his backyard to get mechanical equipment in. There he has a well and pool.

The property has a 150-foot frontage lot line, Curran said, and the remaining 134 feet would continue to be unobstructed.

Some board members expressed concern over the shed being in front despite the likely need for a well truck to get to the rear of the property. Curran said the shed will face sideways with a wall height not to exceed seven feet.

The board approved his request on a 3-to-2 vote.

It next heard a variance request to build a single family dwelling on a lot with no frontage at One Ron’s Way (Map 10, Lot 74), zoned AR-1. The property is on the Derry line and the purpose is to complete construction of the home.

Robert Balquist, engineering technician with Meisner Brem Corp., representing the property owner and applicant, Ron Morrisey of Summit Construction and Design, told the board this is a new variance to allow completion of the house on a lot with no street frontage on a town approved road.

The lot is a landlocked property surrounded by other single family homes. Morrisey’s intention is to sell the house once finished. Balquist said no septic system is within 100 feet of the proposed well location. A private well and septic system are required there.

Vice Chair Jacqueline Benard noted this project was dealt with in 2017 with a variance then that expired as the home construction was unfinished. Morrisey started the construction thinking he’d tie into the water and sewer system before realizing the cost.

The board approved the variance with the condition that a needed easement deed providing access to Cedar Street in Derry be recorded with the Rockingham County Register of Deeds.

In another variance request to encroach seven feet into the 15-foot side setback to build a garage, at 16 Teton Drive (Map 11, Lot 20-105), zoned Ar-1, owner and applicant Kenneth Saunders said this would be for personal vehicles and not for commercial or business purposes. The state owns the nearly 82-foot adjoining lot to his.

A point not included in his request, however, that Benard termed “a discrepancy” was his plan to build a large room above the garage. But this room wouldn’t change the requested encroachment the board approved it.

Another variance request was to allow chickens on a 1.10-acre lot where two acres are required, at Two Priscilla Lane (Map 2, Lot 27-25). The applicant, Olivia Pucciarelli, said she would have only two chickens in an enclosed coop on the property for personal use.

The chickens would not roam and there would be no rooster or tall structures, she told the board. The coop would be located in a side portion of the yard. Betty Lane, a side road, is nearest to where the coop would be.

Even with it being a corner lot near woods and the coop being hidden by yard trees and shrubbery, some on the board observed the land did not have the distinguishing feature of being next to a conservation area or a more open property.

Member Mitchell Feig said the town needs to look again at the use of property regarding acreage and the lack of a formula for certain live stock safety. He was the lone dissenting vote in the 4-to-1 approval.

In addition, the board approved one requested special exception. It was for a portable storage structure in the AR-1 district at 28 Auburn Road (Map 16, Lot 58). Applicant Dale Gagnon took over the lease of a container on the property last January to store household items.

The container would be allowed to remain for two years or until Gagnon vacated the property.

The board continued consideration of another special exception request for a portable storage structure in the AR-1 district, at 136 Pillsbury Road (Map 6, Lot 18-2). The owner and applicant is Orchard Christian Fellowship Church.

The church realized it couldn’t meet all the exception’s conditions. The structure is larger than what new zoning allows. Because the church must seek a variance to terms of the exception, it will be taken up at the July 21 meeting.

By John Seidenberg

The Londonderry Zoning Board of Adjustment approved, with some slight dissension, requests for variances and special exceptions to everything from shed plans to chicken farms at the May 19 meeting.

In seeking a variance to encroach 25 feet into the 40-foot front setback for construction of a shed at 15 King Arthur Drive (Map 9, Lot 66-12), zoned AR-1, owner and applicant Edward Curran said his property had nowhere else to place the structure.

He told the zoning board he wanted the 16×22′ shed in front in order to enable access to his backyard to get mechanical equipment in. There he has a well and pool.

The property has a 150-foot frontage lot line, Curran said, and the remaining 134 feet would continue to be unobstructed.

Some board members expressed concern over the shed being in front despite the likely need for a well truck to get to the rear of the property. Curran said the shed will face sideways with a wall height not to exceed seven feet.

The board approved his request on a 3-to-2 vote.

It next heard a variance request to build a single family dwelling on a lot with no frontage at One Ron’s Way (Map 10, Lot 74), zoned AR-1. The property is on the Derry line and the purpose is to complete construction of the home.

Robert Balquist, engineering technician with Meisner Brem Corp., representing the property owner and applicant, Ron Morrisey of Summit Construction and Design, told the board this is a new variance to allow completion of the house on a lot with no street frontage on a town approved road.

The lot is a landlocked property surrounded by other single family homes. Morrisey’s intention is to sell the house once finished. Balquist said no septic system is within 100 feet of the proposed well location. A private well and septic system are required there.

Vice Chair Jacqueline Benard noted this project was dealt with in 2017 with a variance then that expired as the home construction was unfinished. Morrisey started the construction thinking he’d tie into the water and sewer system before realizing the cost.

The board approved the variance with the condition that a needed easement deed providing access to Cedar Street in Derry be recorded with the Rockingham County Register of Deeds.

In another variance request to encroach seven feet into the 15-foot side setback to build a garage, at 16 Teton Drive (Map 11, Lot 20-105), zoned Ar-1, owner and applicant Kenneth Saunders said this would be for personal vehicles and not for commercial or business purposes. The state owns the nearly 82-foot adjoining lot to his.

A point not included in his request, however, that Benard termed “a discrepancy” was his plan to build a large room above the garage. But this room wouldn’t change the requested encroachment the board approved it.

Another variance request was to allow chickens on a 1.10-acre lot where two acres are required, at Two Priscilla Lane (Map 2, Lot 27-25). The applicant, Olivia Pucciarelli, said she would have only two chickens in an enclosed coop on the property for personal use.

The chickens would not roam and there would be no rooster or tall structures, she told the board. The coop would be located in a side portion of the yard. Betty Lane, a side road, is nearest to where the coop would be.

Even with it being a corner lot near woods and the coop being hidden by yard trees and shrubbery, some on the board observed the land did not have the distinguishing feature of being next to a conservation area or a more open property.

Member Mitchell Feig said the town needs to look again at the use of property regarding acreage and the lack of a formula for certain live stock safety. He was the lone dissenting vote in the 4-to-1 approval.

In addition, the board approved one requested special exception. It was for a portable storage structure in the AR-1 district at 28 Auburn Road (Map 16, Lot 58). Applicant Dale Gagnon took over the lease of a container on the property last January to store household items.

The container would be allowed to remain for two years or until Gagnon vacated the property.

The board continued consideration of another special exception request for a portable storage structure in the AR-1 district, at 136 Pillsbury Road (Map 6, Lot 18-2). The owner and applicant is Orchard Christian Fellowship Church.

The church realized it couldn’t meet all the exception’s conditions. The structure is larger than what new zoning allows. Because the church must seek a variance to terms of the exception, it will be taken up at the July 21 meeting.