Zoning Board of Adjustment Meeting – September 16, 2025

The Zoning Board of Adjustment (ZBA) of Bedford, New Hampshire, met on September 16, 2025, at 4:00 PM (UTC). Chair John Morne called the meeting to order with board members Joseph Fehey, Bob McPherson, Mark Schneider, Neil Casselli, Dave Gilbert, Alex Kellerman, and staff Colleen Olsen and Becky Hebert present. The board approved the minutes from the August 19, 2025 meeting and heard two variance applications for sheds, both approved unanimously.

Consent Calendar

• Minutes Approval: The board approved the minutes from the August 19, 2025 meeting by voice vote. No changes were requested; one board member abstained but the motion passed.

Public Comments & Testimony

• No members of the public offered comments during either application. The board asked for public input but received none.

Discussion Items

1. Variance – Jennifer Vegato (applicant for 5 Galloway Lane)
   Note: The applicant identified himself as Michael Vergano and his wife Jenna; the agenda listed "Jennifer Vegato" as owner/applicant. This discrepancy is noted.

   • Request: Variance from Article 4, Section 275-34G(3) to permit a 16'x10' shed located 0.3 feet from the rear property line where 20 feet is required, on Lot 10-43-2, zoned RNA.
   • The applicants stated they originally believed the property line was farther based on a builder's marker; a survey later revealed the true line, placing the already-built shed pad (permitted by the town) closer than allowed. They argued the only feasible location is the proposed spot due to wetlands, a septic leach field, and the neighbor's front yard that they inadvertently own. The adjacent neighbor (Josh) was consulted and had no objection.
   • Board members asked about the pad size (12'x18'), orientation, and the discrepancy between the application stating 5 feet and the survey showing 0.3 feet. The applicants explained the shed will have double doors facing the street.
   • During deliberation, board members found that granting the variance would not alter the character of the locality, would not threaten public health/safety, would observe the spirit of the ordinance (preventing overcrowding on a large lot), would do substantial justice, would not diminish property values, and that literal enforcement would cause unnecessary hardship due to the unique lot layout and lack of feasible alternative locations.

2. Variance – Caitlin Hoole (applicant for 66 Runlett Hill Road, owners Leah and Joe Scopatulo)
   Note: The application listed "Leah Scupatelio" as owner; the applicant stated the owners are Leah and Joe Scopatulo. This discrepancy is noted.

   • Request: Variance from Article 3, Section 275-22A, Table 1 to permit a 16'x10' shed with a 4-foot overhang (total 16'x14') on a 15'x18' pad, located 5.7 feet from the side property line where 25 feet is required, on Lot 1-15, zone GR.
   • The applicant explained the proposed shed replaces an existing failing 8'x8' shed in the same location. The lot contains a garage and greenhouse; placing the shed elsewhere would destroy garden beds or interfere with backyard use. The abutting neighbors (George and Karen) were aware and had no objection.
   • Board members asked about orientation, the lack of a pad for the old shed, and the possibility of placing the shed next to the garage. The applicant stated garden beds would be destroyed and it would be awkward for movement. The board noted the lot has many trees, making the space appear smaller than the plot plan suggests.
   • During deliberation, board members found all five criteria satisfied: the shed replaces an existing structure with minimal visual impact, no threat to public welfare, spirit of ordinance observed (no overcrowding on a large lot), substantial justice (functional replacement), no diminution of property values, and unnecessary hardship due to the lot's tree coverage and layout limiting alternatives. The motion included a condition that the applicant update the plot plan to show the exact shed location prior to building permit issuance.

Key Outcomes

• Approval of Minutes: Motion to approve minutes of August 19, 2025 passed by voice vote with one abstention noted.
• Variance Granted – 5 Galloway Lane: Motion by Bob McPherson, seconded by Mark Schneider, to grant the variance for the shed at 5 Galloway Lane. Passed 5-0.
• Variance Granted – 66 Runlett Hill Road: Motion by Bob McPherson, seconded by Mark Schneider, to grant the variance for the shed at 66 Runlett Hill Road, with the condition that the applicant submit an updated plot plan showing the exact shed location prior to building permit issuance. Passed 5-0.
• Adjournment: Meeting adjourned by voice vote after a motion and second.