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125 Main Street, Suite 200
Littleton, NH 03561
Phone: 603.444.3996
Fax: 603.444.1703

Jul 25, 2017

Approved Zoning Board Minutes - July 25, 2017

TUESDAY, JULY 25, 2017
6:00 PM


PRESENT: Chairman Jessica Daine, Vice Chair Eddy Moore, David Rochefort, Jerry LeSage, Guy Harriman, Jim McMahon, and Joanna Ray (recording secretary)


EXCUSED: Ralph Hodgman 


OTHERS PRESENT: Jack Milbank, Otto Hansen, and Rudy Gelsi


Chairman Daine called the meeting to order at 6:00.  Guy Harriman was designated a voting member. 


Rexbo Realty Inc., Owner / R.L. Vallee, Applicant – ZBA17-12 – Request for a Variance related to Article V, Section 5.01 of the Littleton Zoning Ordinance to allow a non-conforming rear setback at 390 Meadow Street, tax map 76-27, in the C-4 zone.


The application was reviewed and accepted as complete.  There were no conflicts noted.


Jack explained that the plan was to tear down the current building and rebuild a larger one within 10’ of the northern property line. The eastern property line setback will be 25’.  Due to site conditions, the building needs to be moved back.  The NHDOT is reserving their right to use some of the lot to add a right turning lane onto Dells Rd.  This causes the building to be moved back into the 25’ required setback.


Jerry asked if the lot was going to be the same size or if any land was being added to it from the abutting property.  Otto replied that the lot size will not change.


Jack stated that moving the building back will allow for better circulation throughout the site.  This will also make it safer.  The plan includes adding sidewalks and greenspace. 


Vice Chair Moore mentioned the sewer line at the rear of the property.  Jack noted that the easement is on the abutting property, but they are aware it is there.  There should not be any issues because the building is 10’ away from that property line. This will be an energy efficient building with a commercial look, which most likely will be brick.  The canopy will be longer, but he did not have the specifics for the Board.


Guy asked about the access on Dells Road.  Jack replied that one of the access points on Meadow Street will be closed and one added to Dells Road.  The access on Meadow Street to be removed is the one closest to the intersection. The Dells Road access is about 125’ from the intersection of Meadow Street.  There should not be any problems with people exiting left onto Dells Road.  People can also use the Meadow Street access to exit the property.


Chairman Daine asked if the tanks were to be relocated.  Otto replied yes.  The tanks will have regular gas as well as diesel.  David asked if the current building would be open for business during the rebuild.  Otto replied no.  David inquired about snow storage.  Otto indicated the area on the plan for snow storage, but added that snow will be trucked away if it becomes a site distance issue.  Jerry asked about the location of the pumps.  Otto replied that they will be similar to where they are now, but further back from the road.  This will allow for more parking and better circulation on the lot.


There was discussion about tractor trailers having room on the lot.  Otto explained that most tractor trailers will not be using this location to fuel up.  The pumps do not have the right nozzles for them to fill up fast enough.  This is not a truck stop and they do not anticipate there ever being more than one tractor trailer on site. 


Jim asked how many pumps would be on the site.  Otto replied that there will be 5.  Jim asked if the canopy had to be out of the front setback.  Joanna replied that the previous Zoning Officer decided that the canopy was allowed to be in the front setback.  The pumps will meet the 40’ requirement. 


No abutters were present.  Rudy Gelsi spoke in favor of this project. It is good for the people of this Town. 


Chairman Daine read the memo, dated July 25, 2017, provided by the Public Works Director Joe DePalma.


I have reviewed the proposal for R.L. Vallee (ZBA17-12) and have the following comments:


  • Applicant must receive a driveway permit for Dells Road access.  Plans, as presented, appear to be adequate.
  • Proper respect shall be given to and knowledge forehand of the sewer easement at the rear of the property. 
  • During construction, the applicant must ensure pedestrian safety and not allow parking on the congested area of Meadow Street and Dells Road. 


Nobody objected to Joe’s statements. 


Chairman Daine closed the public input and stated that she likes the proposal and that it makes sense.  The NHDOT part affects the development plans and pushing the building back makes sense. The hardship is the taking by NHDOT.  No abutters were present to voice concerns and no letters of objection were received.   Jerry added that this proposal might alleviate some issues in this congested area.  Vice Chair Moore stated that access to Dells Road will be better with the future turning lane.  Guy confirmed that NHDOT is proposing only one turning lane. 


Jim asked the applicants if there has been a study done to confirm that the 5 pumps and larger store were needed. Otto replied that the company has many years of experience building these stores and they are aware of what is needed for specific areas.  Additionally, this store is on the other side of the interstate and will get different traffic.  


The submitted information was reviewed and all Board members agreed with the submitted findings of the facts.


Jerry LeSage made a motion, based on the submitted information, to approve without prejudice Rexbo Realty Inc., Owner / R.L. Vallee, Applicant – ZBA17-12 – Request for a Variance related to Article V, Section 5.01 of the Littleton Zoning Ordinance to allow a non-conforming rear setback at 390 Meadow Street, tax map 76-27, in the C-4 zone with the following conditions:

  • The applicant shall not be closer than 10’ from the northern property line
  • The applicant shall comply with conditions listed in the memo from Public Works Director Joe DePalma, dated July 25, 2017
  • The applicant shall comply with all Federal, State, and Local regulations


Guy Harriman second the motion.  The motion passed 5-0.


Review of minutes

June 27, 2017 – Jerry made a motion to approve the minutes as written.  Vice Chair Moore second the motion.  The motion passed 5-1.


The Board acknowledged an email from Rudy Gelsi.  Rudy asked if there would be a discussion about the letter. Chairman Daine informed Rudy that his opinion is important, but there were no questions asked in the letter for the Board to respond to.  Jerry stated the Board accepts letters and takes them under advisement.  Rudy stated he was concerned with the way things are in Littleton and feels that projects get approved when the Town receives special favors.  Chairman Daine disagreed that special favors are received and stated that applications are discussed in an open hearing and everyone’s concerns are heard.  Each case is different and sometimes Board members disagree with each other.  The Board does their best with each case.  Chairman Daine also stated that she is in favor of development, but will not grant an application just for an increase in tax base.  Jerry noted the Board heard testimony for the commercial development at Exit 41 and even though a lot of people wanted the store, it wasn’t the right location.  Chairman Daine ended the discussion by stating the Board is open-minded and are here to do the best for the community as well as the abutters that may be affected by a proposal. 


At 7:00, Jerry made a motion to adjourn.  Guy second the motion.  The motion passed by all.


Submitted by,

Joanna Ray