Incoming – Change "Gofer" to "Gopher".

Page 3, fourth paragraph after "Board on" change "this" to "the" and add "related issues". After "there", change "were" to "was" and change "requirements" to "requirement".

Page 3, fifth paragraph, change "Commissioner" to "New Hampshire Commissioner of Agriculture".

Page 4, first paragraph, change "asperses" to "appearances"

Page 5, last paragraph, after "Saviano", change "the" to "that".

Motion to approve the minutes as amended was made by Mr. Friel, seconded by Mrs. McGrath and unanimously approved.

Attorney Sumner Kalman dated 1/18/05 re: Zannini v. Town of Atkinson.

Atkinson Conservation Commission dated 2/9/05 re: Castle, 13 Industrial Way, Map 16, Lot 48 recommend approval of variance.

Home Business Application from Mark Acciard, 6 Christine Drive, Map 8, Lot 46. The Board reviewed the application. Mrs. McGrath made a motion that based on the application as presented the business was exempt, as long as it was in keeping with the existing zoning. Mr. Friel seconded the motion and it was unanimously approved.

Outgoing

Brian Donnelly dated 1/13/05 re: Approval of exempt home business permit for 11 Woodside Way, Map 18, Lot 13.

Julie Fortin dated 1/13/05 re: Approval of home business permit for 56 Academy Avenue, Map 14, Lot 72.

Beaumont & Campbell, Prof. Ass’n dated 1/18/05 re: Daniel & Maggie Osborn Wetland Variance approval for Rock Island, Map 22, Lot 39.

Barry VanRy dated 1/18/05 re: Denial of Appeal of Building Inspector Decision regarding sign on 29 Main Street, Map 4, Lot 1.

Michael Saviano dated 1/18/05 re: Denial of Appeal of Building inspector to deny renewal of building permits.

Beaumont & Campbell Prof. Ass’n. re: Casey Denial of appeal of Building Inspector decision to deny building permit for 37 Stickney Road, Map 23, Lot 32.

Legal Notice for public hearing of 2/9/05.

Mr. Polito reviewed the criteria for which a rehearing could be granted. The Board read Mr. VanRy’s request. Mrs. McGrath said the request attempted to say the Board acted unreasonably, which she did not believe to be true. There was no new information and there were no errors of law.

Mr. Polito said the Board only had to determine if the Building Inspector had a made a mistake in denying the permit. Mr. Friel agreed. Mr. Polito asked the Board if the record was clear. The Board agreed and Mrs. McGrath stated that the minutes were clear.

Steven E. Cummings, PE for Brian & Cheryl Castle request for Variance from Article IV, Section 410:8 of the Zoning Ordinance to permit construction of a 50’x 80’ Warehouse Addition 88’ from wetland (12’ variance) as opposed to the required 100’ on existing commercial building located at 13 Industrial Way, Map 16, Lot 48, CI Zone.

Abutters list was read with the following present: Brian Castle; Steven Cummings, PE

Mr. Cummings presented the Board with a revised plan increasing the variance request to 25 feet. The Board reviewed the plans.

Mr. Polito did want the applicant to be aware that there is a current zoning change being proposed to reduce the 100’ setback. The applicant was aware that this change might be approved in March, but wanted to proceed tonight with the request.

Mr. Cummings explained that they wanted to construct an addition to the warehouse that would be used for storage. There were no plans to increase the amount of employees at the facility. Currently the product that is made there is shipped to another location for storage. The addition will now support on site storage. They are proposing an addition to the warehouse in the back of the current facility because it is the best location on the site. This area is in the commercial zone and the proposal is in keeping with surrounding properties. There will be some parking spaces moved further from where they are now located, but they will not be increasing. The Board agreed that those particular issues including landscaping, construction, parking, etc., could be dealt with in the Planning Board approval process.

Mr. Polito read a letter from the Conservation Commission, which voted in favor of the proposal. Mr. Polito said that although the Commission voted to recommend the proposal, they had referenced the original request of a 12-foot variance. Mr. Cummings assured the Board that the Commission was aware the request had changed that the Commission had seen the plans presented to the Board.

The Board reviewed the application and criteria:

Based on the discussions, there was a consensus from the Board that this criterion was met.

Based on the discussions, there was a consensus from the Board that this criterion was met

(I) Based on the discussions, there was a consensus from the Board that this criterion was met

(II) Based on the discussions, there was a consensus from the Board that this criterion was met

Based on the discussions, there was a consensus from the Board that this criterion was met

Based on the discussions, there was a consensus from the Board that this criterion was met

Mr. Friel mad a motion to approve the Variance based on the plans submitted, (revised 1/31/05) and contingent upon approval from the Planning Board. Mr. Lewis seconded the motion and it was unanimously approved.

Minutes transcribed from tape.

Respectfully submitted ______________________________----

Rebecca Russo Approved