Legal Notice of ZBA Decision 03/09/2020



The Board of Adjustment met on Monday, March 9, 2020 at 7:00 pm at the Pelham Town Hall, 6 Village Green, Pelham, NH and voted on the following petitions:

ZO2019-00026 - MAKO DEVELOPMENT LLC – Old Gage Hill Road – Map 18 Lot 12-16 – Seeking a Variance concerning Article III, Section 307-13(B)(1) & (2) of the Zoning Ordinance to permit the subdivision of the subject parcel located at the east of Old Gage Hill Road into residential building lots from a public way located in the Town of Salem, NH known as Beechwood Road. The Board voted to APPROVE the variance subject to the applicant agreeing to meet the Highway Safety Committee’s recommendations #1 & #2 as outlined on their letter dated November 21, 2019. Also the Board strongly advises the Planning Board resolve the discrepancies between the Salem & Pelham Fire Departments in regard to which town will be the first responders for all fire/ambulance calls to this proposed development. 

ZO2020-00005 - DANILUK, Brian – 19 Pond View Road – Map 28 Lot 2-1-6 – Seeking a Variance concerning Article VII, Section 307-39 of the Zoning Ordinance to permit the construction of a 12’ x 14’ shed with a 3’ x 8’ lean to on one side to be located within the Wetlands Conservation District (WCD) buffer zone. The Board voted to APPROVE the variance subject to the following stipulations: 1) The proposed structure to be moved closer to the house no more than 15’ from the paved driveway as shown by the applicant at the March 9, 2020 ZBA Hearing; 2) The applicant must obtain WCD signs from the Planning Department and with the help of the Code Enforcement Official affix them to trees outlining the WCD area; 3) The applicant will cease mowing the lawn and using fertilizer within the WCD; 

ZO2020-00007 - COOKE, William – 31 Hinds Lane – Map 20 Lot 2-108 – Seeking a Variance concerning Article III, Sections 307-7, 307-12 & 307-14 of the Zoning Ordinance to permit the construction of a four-bedroom single-family house on a pre-existing non-conforming lot of record that contains 15,815sf where 43,560sf is required and maintains 119.83’ of frontage on a town approved road where 200’ is required. The Board voted to APPROVE the variance. 

These approvals shall be valid if exercised within 2 years from the date of final approval, and shall not expire within 6 months after the resolution of a planning application filed in reliance upon this decision, as per RSA 674:33, IV.

Note: The selectmen, any part to the action, or any person directly affected has a right to appeal this decision within 30 days. See New Hampshire Revised Statutes Annotated, Chapter 677. This notice has been placed on file and made available for public inspection in the records of the ZBA on March 10, 2020 and will be published in the Union Leader on March 12, 2020.