The Zoning Board of Adjustment in Rindge ruled that a coffee shop on Grassy Pond Road can resume operations, as the business is covered under a previous variance granted on the property.

On Tuesday, Andrew Krook appeared before the board to discuss a variance request for a coffee shop run out of a trailer on his property. He had been selling coffee from the trailer until the town issued a cease and desist, at which time he applied for variances from the Zoning Board to get the proper permissions to continue.

During previous hearings on the issue, members of the board mentioned that variances, once granted, remain tied to the property in perpetuity. Krook said at the time that there had been a previous variance already granted to allow a bait shop on the property.

Krook said following the board’s July meeting, he researched and found the variance approval for the tackle shop, granted in 1987.

Don Topham, a resident of Grassy Pond Road, said that the coffee trailer and bait shop were not comparable.

“A free-standing structure on wheels is not the same thing as having a business in the home,” Topham said.

Krook responded that the tackle shop was also separate from the house, and had been a 30-foot by 40-foot structure.

ZBA Vice Chair Marcia Breckenridge said in her view, it didn’t matter. She said her interpretation of the variance didn’t preclude allowed small businesses from being in a trailer or movable.

“I think it’s clear-cut that we have to approve,” Breckenridge said.

Chair George Carmichael agreed, and moved to approve the requested variances for the business.

“The town’s issuance of a cease and desist in this matter was unnecessarily heavy-handed, and failed to recognize that a variance for a business use already existed on the property. The ZBA acknowledges that fact,” Carmichael said. “Consistent with our duty under New Hampshire land use law, this board must apply the rules not only with fairness, but with compassion and common sense.”

Carmichael moved to approve the variances, “based on the finding that a variance had previously been granted for a substantially similar business use on this property.”

Added to his motion was the finding that the business “does not alter the essential character of the property or the surrounding neighborhood.”

The board approved the motion in a 4-0 vote.

In other cases before the board on Tuesday, the board approved three other variance requests.

The board unanimously approved two requests for variances to the town’s road frontage requirements on two different properties. Both properties were created before the town’s zoning ordinance and frontage requirements were adopted.

The first was a property on Hill Top Drive, owned by Barbara Jacob, who sought to extend her private driveway to create a separate housing lot on her 21-acre lot.

The second was on McGregor Lane, owned by Kimberly and Gary Naresky, who sought to subdivide their 42-acre lot to section off a two-acre piece for a single-family home for their daughter.

Both applications were approved in 5-0 votes.

The board also unanimously granted a variance request to permit the construction of a shed and carport on Abel Road, owned by John and Cheryl Aubin.

Ashley Saari can be reached at 603-924-7172 ext. 244 or asaari@ledgertranscript.com. She’s on X @AshleySaariMLT.