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Plaistow Zoning Board denies rehearing for oversized ADU at 5 Sunview Park; minutes approved
Summary
The Plaistow Zoning Board of Adjustment on Feb. 27 denied a request for rehearing of a variance that sought to allow a 1,200-square-foot accessory dwelling unit where 1,000 sq. ft. is the limit; the board also approved Jan. 30 minutes.
The Plaistow Zoning Board of Adjustment on Feb. 27 voted 0-4-0 to deny a request for rehearing of ZBA matter 25-01, a variance application by Alessandro Lamano to allow a 1,200-square-foot accessory dwelling unit (ADU) at 5 Sunview Park, Tax Map 44 Lot 71, in the MDR zoning district. Earlier in the meeting the board approved the minutes of its Jan. 30 meeting, 4-0-0.
Board members said they denied the rehearing because the applicant did not present compelling new evidence and because procedural notices were sent as required. A presiding member summarized the board’s view on the core legal test: “I think we were dead on on the hardship issue,” adding that the town’s ADU size limit exists to “look for smaller dwellings that aren't gonna necessarily have multiple bedrooms and possibly families moving in that could put a burden on the school.”
The matter before the board was described on the record as a “request for rehearing in the following matter. Number 25Dash01, a request from Alessandro Lamano for variance from article 8 section 2 20 57 c to allow an accessory dwelling unit to have 12 1200 square feet of living space where 1,000 square feet is the maximum allowed. The property is located at 5 Sunview Park Tax Map 44 Lot 71 in the MDR zoning district. The applicant is the property owner of record.”
Board members noted written communications in the record, including an email exchange dated Feb. 5 between the project architect and a town staff member. The presiding member observed that the architect had “developed a plan as a thousand 1,000 square foot ADU which works,” and said that admission undercuts the applicant’s claim of hardship. Miss Voss, a town staff member, confirmed that notices required by law were sent using the applicant’s abutter list: “I have the notifications here based on the uponer's list that was provided from us to us from the applicant, which is what the law allows. There were some that did not come back, but I have evidence that they were sent, and that's all I need to prove is that.”
When the board took the roll call vote on the rehearing motion, the tally was Jim Unger (No), Michael Murray (No), Jim O'Brien (No), Peter Biello (No); the chair announced: “Your vote is 0 4 0, and the motion does not pass.” The board did not adopt any alternate relief or direct further study; the denial left the underlying variance decision in place.
In other business the board chair noted administrative items including that the town report will be dedicated at the Board of Selectmen meeting the following Monday and that town elections are scheduled for March 11, after which the board expects to reorganize. The meeting concluded with a brief administrative reminder to sign an oath of office.
Votes at a glance: • Approval of minutes, Jan. 30, 2025 — motion passed, 4-0-0. • Motion to grant rehearing for ZBA matter 25-01 (Alessandro Lamano; request to allow a 1,200 sq. ft. ADU where 1,000 sq. ft. is max) — motion failed, 0-4-0.
