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Plaistow planning board says applicant must seek zoning relief for proposed expansion of self‑storage at 205 Plaistow Road

5733298 · August 20, 2025

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Summary

The Plaistow Planning Board reviewed an application for expansion of an existing self‑storage facility at 205 Plaistow Road and concluded the project is a preexisting nonconforming use that appears to require Zoning Board of Adjustment relief before the planning board can accept jurisdiction.

The Plaistow Planning Board reviewed an application to expand an existing self‑storage facility at 205 Plaistow Road and concluded the use is a preexisting nonconforming use that appears to require relief from the Zoning Board of Adjustment before the planning board can accept jurisdiction. A board member said the staff report describes the self‑storage use at “205 Plastow Road” as “a preexisting nonconforming use” and that the applicant is proposing to expand the building. The board discussed New Hampshire statute RSA 674:19 and whether the planned physical enlargement would change the lawful nonconforming use. Board members and counsel debated applicability of RSA 674:19, which the transcript records as governing treatment of nonconforming uses under New Hampshire zoning law. One board member summarized the legal concern: “it shall apply to any operation or alteration of a building for use in a manner substantially different from the use to which it was put before alteration,” and observed that New Hampshire courts have generally not allowed material physical expansions of nonconforming uses. After discussion, the board did not accept jurisdiction over the application. A board member later clarified: “The application wasn't accepted as complete, which means that we weren't—we didn't accept jurisdiction, because we felt that it needed… some variance of relief. That's probably, you know, if the applicant chooses to seek that relief, then they'll have to go to the ZBA.” The board indicated it will issue a notice of decision explaining that Zoning Board of Adjustment relief should have been sought prior to this planning application and providing guidance to the applicant on next steps. The transcript records no formal vote on any substantive approval of the expansion. The planning board directed staff to prepare a written notice of decision outlining the board's position and advising the applicant on the required relief and procedural steps. The board did not take further substantive action on the expansion at this meeting; any future planning‑board review will be contingent on the applicant securing the needed ZBA relief and resubmitting, or otherwise addressing the jurisdictional deficiency noted in the written decision.