Charlestown zoning board to hear garage repair business variance request

Josh and Shannon Niemiec are asking Charlestown’s zoning board for permission to run a small engine, ATV and motorcycle repair business inside an existing garage at 63 Michael Ave, a use that is not allowed as of right in the Rural Residential (A-1) Zoning District. The request, Case #26-02, will go before the Charlestown Zoning Board of Adjustment on Thursday, June 25, at 6:00 p.m. in the Community Room below the Silsby Library at 26 Railroad Street.

The town’s notice says the property is Map 106 Lot 024 and identifies the request as a variance from Section 8.5.2 of the zoning ordinance. That makes the hearing more than a routine land-use filing: the board will have to decide whether the applicants have met the legal threshold to make a business use fit inside a residential district, and whether that change would stay within the limits of Charlestown’s zoning rules.

Under Charlestown’s zoning ordinance, Section 8.1 says the town’s land-use rules are intended to promote the health, safety, convenience and general welfare of Charlestown while keeping it an attractive place in which to live and do business. The ordinance has been posted as amended through March 10, 2026. The application materials are available for public review at the Charlestown Town Office of Planning and Zoning during regular business hours.

State law adds another layer. New Hampshire’s variance statute requires the zoning board to find that the request is not contrary to the public interest, that the spirit of the ordinance is observed, that substantial justice is done, that surrounding property values are not diminished and that literal enforcement would create an unnecessary hardship. Those are the questions that will shape the June 25 vote, and they are the questions neighbors are likely to focus on as well.

For residents near Michael Ave, the practical issue is what a garage-based repair shop would mean on a day-to-day basis. A business involving small engines, ATVs and motorcycles can bring customer trips, vehicle movement, loading and unloading, mechanical noise and added parking pressure. The board will also have to consider whether the use, if approved, could be enforced in a way that limits spillover effects on nearby homes and keeps the operation consistent with the district’s residential character.

The hearing lands in a busy month for Charlestown land use. The town is also posting a separate Planning Board hearing for June 16 involving a site plan amendment at 32 Hastings Court, a reminder that zoning decisions this month could shape how several parts of town develop. The June 25 hearing will test not only one garage proposal, but also how far Charlestown is willing to stretch its rules for home-based repair uses.