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May 29. 2012 11:10PM
Derry council signs off on changes to zoning
DERRY — The Town Council has approved a Planning Board recommendation for changes to the town’s Industrial 4 zoning district.
The changes make it easier for retail and commercial business to operate in the district along Route 28 without having to apply for a variance through the Zoning Board of Adjustment.
However, churches would be prohibited from the district without a variance from the ZBA.
Town Planning Director George Sioras said the Planning Board spent several months hammering out the details on whether to allow churches in the district.
“They felt it was not appropriate to allow churches up in that zone since they are allowed in everywhere else,” he said.
Town Councilor Brian Chirichiello asked whether there was a legal opinion on excluding churches from the district.
Sioras said the legal opinion from town counsel Ed Boutin determined churches could be excluded from the district since churches are allowed in Derry’s other 11 zoning districts. Town Administrator John Anderson has been a proponent of excluding churches from the Industrial 4 zone because it is the town’s most commercially viable area.
Existing churches in the zone are grandfathered in, and churches can apply for a variance from the ZBA if they want to attempt to open in the district.
“They are free to ask for a variance,” said Councilor David Milz. “It would then be up to the Zoning Board to say yes or no if they can prove there is a hardship.”
The changes in the ordinance makes it easier for commercial and retail businesses to locate in the district.
“This cleans up the ordinance to more accurately reflect the uses that are up there,” Sioras said. “It has retail mix, commercial and industrial uses.”
Although the area has had retail and commercial establishments for years, Sioras said they have not been specifically included in the zoning ordinance, forcing the ZBA to approve variances for many of the uses.
The Industrial 4 district encompasses the town’s TIF district that includes the Hannaford Plaza, the site of the new Super Walmart and a number of other retail and commercial establishments along Route 28. The current zoning ordinance has been on the books since the 1970s.
The changes make it easier for retail and commercial business to operate in the district along Route 28 without having to apply for a variance through the Zoning Board of Adjustment.
However, churches would be prohibited from the district without a variance from the ZBA.
Town Planning Director George Sioras said the Planning Board spent several months hammering out the details on whether to allow churches in the district.
“They felt it was not appropriate to allow churches up in that zone since they are allowed in everywhere else,” he said.
Town Councilor Brian Chirichiello asked whether there was a legal opinion on excluding churches from the district.
Sioras said the legal opinion from town counsel Ed Boutin determined churches could be excluded from the district since churches are allowed in Derry’s other 11 zoning districts. Town Administrator John Anderson has been a proponent of excluding churches from the Industrial 4 zone because it is the town’s most commercially viable area.
Existing churches in the zone are grandfathered in, and churches can apply for a variance from the ZBA if they want to attempt to open in the district.
“They are free to ask for a variance,” said Councilor David Milz. “It would then be up to the Zoning Board to say yes or no if they can prove there is a hardship.”
The changes in the ordinance makes it easier for commercial and retail businesses to locate in the district.
“This cleans up the ordinance to more accurately reflect the uses that are up there,” Sioras said. “It has retail mix, commercial and industrial uses.”
Although the area has had retail and commercial establishments for years, Sioras said they have not been specifically included in the zoning ordinance, forcing the ZBA to approve variances for many of the uses.
The Industrial 4 district encompasses the town’s TIF district that includes the Hannaford Plaza, the site of the new Super Walmart and a number of other retail and commercial establishments along Route 28. The current zoning ordinance has been on the books since the 1970s.
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