Hooksett Zoning Board of Adjustment Meeting – September 1, 2026

The Hooksett Zoning Board of Adjustment met on September 1, 2026, at 11:30 AM. The board considered multiple variance and special exception applications, including a driveway crossing over wetlands, a bulk fuel storage use variance, and an administrative appeal. The meeting lasted approximately four hours and included site walk scheduling and public testimony.

Consent Calendar

• Minutes Approval: The board unanimously approved the minutes from the August 11, 2026 regular meeting (motion by Tim, seconded, all in favor). The minutes from the August 29, 2026 site walk were also approved (motion and second, with abstentions from Tom, Tim, and one other).

Public Comments & Testimony

• Merchants Auto (Z26-28): No public comment was offered.
• Patory Family Revocable Trust (Z26-19): John Bowler (45 Autumn Run) expressed concerns about the impact on residential property values, questioned the hardship justification, noted the town's mitigation plan for hazardous materials at 78 Londonderry Turnpike, and requested restrictive conditions (no third-party operations, volume limits, lighting restrictions, decommissioning requirement). Michael Kiria koutsos (196 Londonderry Turnpike) raised concerns about stormwater runoff and spill containment.
• Other cases: No public comment was offered for Branton Properties, Jackson McCormick, or Lease Blood.

Discussion Items

• Doris Labby Revocable Trust (Z26-23 through Z26-27): Five related applications for driveway access over wetlands were discussed. The board scheduled a site walk for October 24, 2026 at 9:30 AM and continued the hearings to the November 10, 2026 meeting. The applicant agreed to address Article 18 G criteria.
• Branton Properties (E2617) – Variance for Wetland Buffer (163 Whitehall Road, Map 15 Lot 92, LDR): The applicant (Gary Roy) proposed a 10-12 foot encroachment into the 40-foot wetland buffer for a driveway to access a buildable 1.54-acre lot. A 12-inch culvert was upsized to 18 inches per DES for wildlife passage. The board found that the wetlands entirely bisect the frontage, creating a hardship, and granted the variance unanimously (motion by Tom, seconded, 4-0).
• Branton Properties (Z26-18) – Special Exception for Wetland Crossing (same property): The board reviewed special exception criteria under Article 18. The Conservation Commission and Planning Board had both recommended approval. The board found that the crossing was essential for access, minimized wetland impact (1,100 sq ft wetland and 1,800 sq ft buffer impact), and granted the special exception unanimously (motion by Tom, seconded, 4-0). Conditions included compliance with DES permits.
• Jackson McCormick (Z26-21) – Variance for Front Setback (498 West River Road, Map 5 Lot 61, MDR): The applicant sought to reduce the required 35-foot front setback to 15 feet for a garage addition (20-foot variance). The lot has steep slopes in the rear and an existing non-conforming house. The board found special conditions and granted the variance unanimously (motion, seconded, 4-0).
• Patory Family Revocable Trust (Z26-19) – Use Variance for Bulk Fuel Storage (192 Londonderry Turnpike, Map 43 Lot 1): The applicant (Kevin Demilio, Deep Discon Oil) requested to place above-ground heating oil storage tanks (three tanks, up to 30,000 gallons each) on a 5.35-acre lot. The use is not permitted in any zone in Hooksett. The board struggled with the hardship requirement, noting that the lot is not unique compared to other commercial properties. Neighbors voiced concerns about property values, stormwater, and safety. The board voted to continue the hearing to October 13, 2026 to obtain evidence on property value impacts and consult with the town attorney on the town-wide prohibition of bulk fuel storage.
• Lease Blood (Z26-20 and Z26-29) – Two Variances for ADU Addition (24 Morrill Road, Map 40 Lot 1-1, MDR): The applicant proposed an accessory dwelling unit addition, requiring a front setback reduction from 35 ft to 27.5 ft and a side setback reduction from 20 ft to 18.8 ft. The lot is a corner lot with two front yards. The board found that the existing house already encroaches and that the addition improves compliance. Both variances were granted unanimously (two separate motions, 4-0 each).
• Merchants Auto (Z26-28) – Use Variance for Auto Dealer License (14 Central Park Drive, Map 37 Lot 2-2): The applicant (John Sokel, attorney for Merchants) sought a variance to allow a retail auto dealer license at an existing fleet leasing office. No physical changes are proposed; the license is needed due to a corporate split. The board expressed concern about the variance running with the land, even though the applicant agreed to stringent conditions (no vehicle display, no on-site sales, no test drives). The board voted to continue to October 13, 2026 to have the town attorney review draft conditions and provide guidance.
• Daniel Barker (Z26-22) – Administrative Appeal of Planning Board Decision (128 Merrimack Street): The applicant appealed the Planning Board’s interpretation of setback and density requirements for elderly housing. The board briefly heard that the appeal challenges the Planning Board’s determination of density (22 units) and whether Article 5 or Article 7 setbacks apply. The board voted to continue to October 13, 2026 to consult with the town attorney before proceeding.

Key Outcomes

• Branton Properties (E2617 & Z26-18): Variances and special exception granted (4-0 votes).
• Jackson McCormick (Z26-21): Variance granted (4-0).
• Lease Blood (Z26-20 & Z26-29): Two variances granted (each 4-0).
• Doris Labby Trust: Five cases continued to November 10, 2026; site walk scheduled for October 24, 2026.
• Patory Trust (Z26-19): Continued to October 13, 2026 for additional evidence and attorney consultation.
• Merchants Auto (Z26-28): Continued to October 13, 2026 for attorney review of conditions.
• Daniel Barker (Z26-22): Continued to October 13, 2026 for attorney consultation.
• Site Walk (Brock’s Excavation): Scheduled for September 30, 2026 at 4:30 PM.