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ZBA denies rehearing requests for Gilbert Crossing and auto‑sales cases
Summary
The Merrimack Zoning Board voted July 23 to deny rehearing requests from John J. Flatley/Gilbert Crossing and Dee Kern LLC, finding no new information or insufficient evidence to overturn earlier board decisions.
At its July 23 meeting the Merrimack Zoning Board denied two rehearing requests relating to prior decisions.
John J. Flatley/Gilbert Crossing sought a rehearing arguing the board’s previous denial was unreasonable; the applicant did not present new evidence, the board said, and members concluded the prior decision was reasonable and should stand. A motion to deny the rehearing was made and passed by the seated members.
Dee Kern LLC requested rehearing of a decision that denied a special exception to permit new and used auto sales at 386 Daniel Webster Highway. The applicant argued the board’s findings were unsupported by substantial evidence; board members said the original application had not clearly demonstrated parking, customer flow and access for car carriers and therefore denied the rehearing request.
Both rehearing denials were announced as unanimous among the four seated members. The chair reminded applicants of the standard rehearing rules and the 30‑day appeal period for final decisions.
