PLAISTOW, N.H. — The Plaistow Zoning Board of Appeal voted 4–0 on Jan. 2, 2025, to deny a request to grant a rehearing of Strategic Real Estate Management LLC’s variance application to use 45 Westville Road (Tax Map 26, Lot 36) as an overflow satellite parking lot and long-term trailer storage.

The board said the rehearing request did not present the legal error or new evidence required to reopen the case. “The only reasons the only reason to do a rehearing is if we errored in our application of the law or if there is new information presented,” said Peter Beelaw, chair, summarizing the board’s threshold for rehearing. The board found neither condition met.

Why it matters: The property owner sought a variance to allow dozens of tractor-trailer units to be stored outdoors on a lot in the town’s Commercial 1 zone; abutters had raised concerns about noise, traffic and property values during earlier hearings. The board concluded the petitioner did not proffer new, credible evidence and that some of the applicant’s legal arguments were procedurally untimely.

Board findings and discussion

Board members flagged procedural and substantive problems with the rehearing motion. Beelaw noted the applicant previously sought the same use before the Planning Board and, after the Planning Board rejected the use, did not pursue an appeal in Superior Court within the statutory filing period. “They had 30 days and it’s been 4 months,” Beelaw said, adding that the lapse undercuts the petitioner’s contention that the use is permitted by right.

On substance, the board questioned the petitioner’s characterization of the proposed activity as an auxiliary use of the property. Beelaw said cited zoning provisions allow trailer storage as an auxiliary use only when it is incidental to an identifiable primary use. “The only way this would be an auxiliary … would be if they’re arguing that the guard shack and outhouse are the primary use and the 61 trailers there on 95% of the property are auxiliary, and I just can’t see that as being a legitimate argument,” he said.

Noise and public-safety concerns surfaced repeatedly. Beelaw recalled testimony from an environmental consultant whose raw noise data showed levels “20 decibels and more above what Plaistow zoning allows,” and the board said the consultant could not explain his measurements or data collection locations. The board also noted potential increased truck traffic on Westville Road and said an 18-wheeler had difficulty accessing the site during earlier inspections.

Wetlands and uniqueness

The petitioner argued the lot was unique for hardship purposes because of wetlands at the rear of the property. The board disagreed, noting wetlands are common along Route 125 north of the site and listing nearby parcels — including storage facilities and commercial properties — that also have wetlands constraints. For that reason the board said the site did not appear uniquely burdened compared with other nearby lots.

Vote and procedural outcome

A member moved to grant the rehearing; the motion was seconded by Christopher Unger. On the roll call the board recorded four “no” votes from Peter Beelaw, Michael O’Brien, Unger and Jim Murray, resulting in denial of the rehearing and no change to the earlier disposition.

Ending

Because the rehearing motion failed, the board will not reopen testimony or accept additional evidence in this forum. The underlying variance application will remain subject to any further lawful appeals pursued outside the board record.