Planning Board

NASHUA CITY PLANNING BOARD February 21, 2013 The regularly scheduled meeting of the Nashua City Planning Board was held on Thursday, February 21, 2013 at 7:00 PM in the auditorium at City Hall. Members Present: Ken Dufour, Chair Adam Varley, Vice Chair Dan Kelly, Secretary Ald. Arthur Craffey Steve Dookran Tom Ireland Scott LeClair (Alt) David Robbins (Alt) Also Present: Roger Houston, Planning Director Matt Taylor, Deputy Manager Mr. Dufour: We have two regular members absent and we have two new members and they will be participating and voting this evening. Approval of Minutes Minutes of February 7, 2013 MOTION by Mr. Kelly to approve the minutes of February 7, 2013, waive the reading and place on file. SECONDED by Mr. Dookran MOTION CARRIED 3 to 0 (5 abstentions) COMMUNICATIONS Mr. Houston went over the following item that was received after the mailing went out: 1. Letter from the law office of Gottesman & Hollis who is a direct abutter to the Soup Kitchen. Mr. Dufour: I received a phone call from Senator Bette Lasky in support of this plan. REPORT OF CHAIR, COMMITTEE & LIASON None NCPB February 21, 2013 Page 2 PROCEDURES OF THE MEETING Mr. Dufour went into the procedure of the meeting as follows: After the legal notice of each conditional, special use permit, site plan or subdivision plan is read by the Chair, the Board will determine if that the application is complete and ready for the Board to take jurisdiction. The public hearing will begin at which time the applicant or representative will be given time to present an overview and description of their project. The applicant shall speak to whether or not they agree with recommended staff stipulations. The Board will then have an opportunity to ask questions of the applicant or staff. The Chair will then ask for testimony from the audience. First anyone wishing to speak in opposition or with concern to the plan may speak. Please come forward to the microphone, state their name and address for the record. This would be the time to ask questions they may have regarding the plan. Next public testimony will come from anyone wishing to speak in favor of the plan. The applicant will then be allowed a rebuttal period at which time they shall speak to any issues or concerns raised by prior public testimony. One public member will then be granted an opportunity to speak to those issues brought by the applicant during their rebuttal period. The Board will then ask any relevant follow-up questions of the applicant if need be. After this is completed the public hearing will end and the Board will resume the public meeting at which time the Board will deliberate and vote on the application before us. The Board asks that both sides keep their remarks to the subject at hand and try not to repeat what has already been said. Above all, the Board wants to be fair to everyone and make the best possible decision based on the testimony presented and all applicable approval criteria established in the Nashua Revised Ordinances for conditional, special use permits, site plans and subdivisions. Thank you for your interest and courteous attention. Please turn off your cell phones and pagers at this time. OLD BUSINESS – CONDITIONAL/SPECIAL USE PERMITS None OLD BUSINESS – SUBDIVISION PLANS None NCPB February 21, 2013 Page 3 OLD BUSINESS – SITE PLANS None NEW BUSINESS – CONDITIONAL/SPECIAL USE PERMITS 1. Veterans of Foreign Wars (Owner) Nashua Soup Kitchen (Applicant) – Application and acceptance of proposed conditional use permit for a change of use from a private club to a community food service establishment. Property is located at 2-4 Quincy Street. Sheet 35-Lot 17. Zoned “RC” Urban Residence. Ward 4. MOTION by Mr. Ireland that the application is complete and the board is ready to take jurisdiction. SECONDED by Mr. Varley MOTION CARRIED UNANIMOUSLY Together with NEW BUSINESS – SITE PLANS 2. Veterans of Foreign Wars (Owner) Nashua Soup Kitchen (Applicant) – Application and acceptance of proposed amendment to Site Plan #NR1661 for a change of use from a private club to a community food service establishment. Property is located at 2-4 Quincy Street. Sheet 35-Lot 17. Zoned “RC” Urban Residence. Ward 4. MOTION by Mr. Kelly that the application is complete and the board is ready to take jurisdiction. SECONDED by Mr. Ireland MOTION CARRIED UNANIMOUSLY Mr. Robbins: I have served meals at the Nashua Soup Kitchen. Last time was more than 2 years ago. I found out this afternoon that the president of the VFW is a former colleague and a legislator. I do not believe these create an issue but I did want to disclose this publicly. Richard Maynard, Maynard & Paquette Mr. Maynard: This project is a conversion of the VFW facility into a community food service operation to be run by the Nashua NCPB February 21, 2013 Page 4 Soup Kitchen and Shelter. This will only be a soup kitchen and not a shelter. The building is 11,520 square feet. There is also a 15 space parking lot with 2 dumpsters, one of which needs to be fenced. The parking lot also needs to be re-striped. Regulations call for this to have 38 spaces and a parking waiver has been requested. There is also a waiver for the existing conditions plan. The soup kitchen on Chestnut Street has a 4,000 square foot building and the capacity to serve around 45 people. This site has 11,520 square foot building and with the capacity to serve around 125 people in the dining room plus a waiting room area that can accommodate up to 20 people. This site will eliminate the concern for people hanging around outside for a considerable amount of time waiting to get served. There are sidewalks throughout the streets. Pedestrian traffic and safety should not be a concerned. The existing parking spaces are more than adequate to meet the soup kitchen’s needs and there is plenty of legal on-street parking in the immediate area. This proposed change of use requires a conditional use permit. The 8 criteria are outlined in my letter dated January 14, 2013 to the board. In regard to the site plan approval, there are only 3 minor additions to the plan; striping of the parking lot, fencing the second dumpster, and adding some screening slats to the chain link fence along Quincy Street. The waivers are for parking spaces and existing condition plan. The stipulations suggested by staff are acceptable. Mr. Dufour: The multi-family to the left of the property the driveway seemed to go in and to the right. Is that correct? Mr. Maynard: Yes, the driveway is right up against the property line and might be slightly over. The paving came after the site plan was submitted. Mr. Dufour: I am just looking to make sure it is as defined. That is not the frontage I saw when I went by there. Mr. Maynard: The multi-family house the chair is talking about is not quite square. The property line is at 90 degrees. The paving starts at a little width and widens out. They also paved over the line to the back of the building. Mr. Dufour: Are you saying their driveway is encroaching on to your site? Mr. Maynard: Correct. Mr. Dufour: How will you remedy that? NCPB February 21, 2013 Page 5 Mr. Maynard: Supposedly they got permission from somebody at the VFW to do that. If the new owners have an objection they will have to express that to them. Mr. Dufour: Do the 2 buildings connect? Mr. Maynard: Yes. They are on 2 different levels and there is a ramp. Mr. Robbins: You addressed 8 of the listed criteria. There is a 9th that has to do with if something is in the downtown district is it consistent with the existing use. Is this a downtown district? Mr. Maynard: It is not part of the downtown district. It is just outside of the downtown district. It is only 3 blocks off Main Street and operates like a downtown site. If we were in the downtown district we would not require any on-site parking. Mr. Dookran: You said there is plenty of on-street parking. Are the spaces available during the intended operation hours? Mr. Maynard: My office is 4 buildings away. There is on-street parking in the area. Roughly a quarter to a third of the spaces seems to be open during the day. Some of it is metered. Mr. Dookran: What do you think your need is for parking? Mr. Maynard: I think the 15 would be good to have depending on who is visiting the site and for staff. Gerald Prunier, Esq., Prunier & Prolman Atty Prunier: The driveway that is on our property we will work out with our neighbor so they can use it. We will not stop him from using it because it does not interfere with our use. SPEAKING IN OPPOSITION OR CONCERN Diane Dolbeare, 6 Quincy Street Ms. Dolbeare: There is not plenty of room for parking. The people park on Quincy Street for the court house. There are 8 cars in the driveway at 6 Quincy Street. Backing out onto Quincy Street now is a pain. I have a concern with the parking and traffic. Is it against the law to park directly across from my driveway? Can anything be done for my protection, such as the area to be patrolled due to vandalism? NCPB February 21, 2013 Page 6 Mr. Dufour: The concerns you have are general city concerns. The police do the patrolling. The parking issue configuration is an existing issue. We are here to discuss this plan. Is there anything you see within the soup kitchen plan that will increase vandalism? Ms. Dolbeare: The VFW has occasional visitors during the day. That will increase. At night after dinner the soup kitchen closes but during the day the traffic will increase. Ald. Craffey: I am the ward alderman. After the meeting I will speak to you. There is an ordinance about parking across from driveways. Elizabeth Munyu, 6 Quincy Street Ms. Munyu: I own the building. It is my understanding they serve 1,700 meals a week. Quincy Street has a lot of traffic from the court and post office. I have had strangers park in my driveway. Bridges, an organization located at 33 East Pearl Street, has asked the VFW to use their parking spots because there is not enough parking. I think there will be a big safety issue. I support the soup kitchen but think this is the wrong location for them. The majority of the people that go to the soup kitchen are from the tree streets. The people that go to Bridges are victims of domestic violence. They deserve confidentiality so having them parade through the lines going to the soup kitchen will have a detrimental effect in the number of people going to Bridges. They can get a much better location. Mr. Dufour: We can’t regulate who the VFW sells their property to. They will address your concerns. Mack Gordon, 11 Brook Street Mr. Gordon: I am a veteran and belong to VFW and a former employee of the soup kitchen. I think this is a win-win situation for both sides. The VFW has the room inside for people. Katherine Shanelaris, 35 East Pearl Street Ms. Shanelaris: I am the Nugatory LLC which is located at 35 East Pearl Street. I believe the parking situation is being seriously underestimated. Our clients complain about the parking all the time that there is no parking. The court does not allow public parking during the day. Across the street is the parking NCPB February 21, 2013 Page 7 lot for Gottesman and Hollis. That is also a private parking lot. All there is available is street parking. How many employees will be parking at the soup kitchen? It does seem to be enough parking. The plowing on Quincy and East Pearl Street is atrocious. We have to shovel our own sidewalk. Abby Bird, 3 Quincy Street Mrs. Bird: I am not opposing it but the parking is atrocious. Is there anything we can do to get in this area a police substation? I have been told that there will be no liquor and the cigarettes would be cleaned up. I want to keep it a quiet neighborhood. Mr. Dufour: Your comments about a substation that is not something we can address, but we have an alderman on this board and I am sure he heard your concerns. SPEAKING IN FAVOR OF THE PLAN John Fisher, Indiana Drive, Board of Directors of the Soup Kitchen Mr. Fisher: We have looked long and hard for a spot. We feed hungry people and people were lining up to come in. We have been looking for several years for a location. The VFW came to us and this is a good situation. We looked at our demographics from where our clients come from and we want them to be able to walk there. We have 7 employees that work in the building and have cars. When we were trying to figure out how much space we should have for the number of people we fee, 12,000 square feet was what we were given. The VFW is almost that amount. Our goal is to have people inside not outside. We made a staff plan for this. Our dinners start at 4:00. We are interested in being good neighbors. We feel this is the best stop for us. Mr. Dufour: I understand you want to keep the people inside but what about in the summertime when they want to stay outside. Mr. Fisher: We need to be good neighbors. That building will be air conditioned. We will not let people loiter there. Mr. Dufour: There has been some discussion about Bridges. They have an arrangement with the VFW for parking. Mr. Fisher: I am very familiar with Bridges but they have been a good partner to us when we have had to refer people to them. NCPB February 21, 2013 Page 8 This is the first I have heard about the parking but I will reach out to them tomorrow. If there is something that can be done, we will do it. Mr. Dufour: I think if the Soup Kitchen and Bridges both try and park there during the day, that parking lot will have problems. What do you have for a buffer between you and your neighbor at 6 Quincy? Is there a fence? Mr. Fisher: The property is fenced and there are shrubs. They are close neighbors. Mr. Dufour: If there is no fence would your organization be amenable to putting one up? Mr. Fisher: If that is something you want us to do, we will do it. Mr. Robbins: If you have 7 employees who will be parking there, what about the volunteers? Where do they park? Mr. Fisher: They will probably be parking in our parking lot. A few of the vehicles won’t be there during the day. Mr. Robbins: In the basement it shows office. Do you anticipate is going to do more non-direct food service work than is now done at the Chestnut Street location? Mr. Fisher: I don’t anticipate that growing. Mr. Dufour: In addition to serving meals are you planning on offering more services at this facility than at your present facility? Mr. Fisher: No. Mr. Dookran: You have a time you open up. How will you control those showing up early? Mr. Fisher: Right now we have to keep the doors closed so the people can get the meals set up. We will be able to do things more efficiently. People will be able to come in off the street. Lisa Christie, Executive Director of the Nashua Soup Kitchen and Shelter Ms. Christie: We have volunteers that come in at 6 am. We serve breakfast from 7 am to 8 am. Our average number of breakfasts is 84. We give out fresh fruits and vegetables during the day. NCPB February 21, 2013 Page 9 Right now the meals get made in the space that produce and deliveries are in. We have to keep the doors closed. About 89 households get produce and bread. We close the doors so the volunteers come in, set up the tables which we moved for the distribution. People are making dinner, people are waiting outside. We have seen an increase in the number of families so we set aside the 4 pm to 5 pm for families with children and then 5 pm to 6:30 pm is for anybody. In the new facility we will a dining area for families. We are good at laying down the rules. If we open at a certain time, we will say if you come early, you are not going to stand outside. We have already asked people not to smoke in the vicinity of our building on Chestnut Street. Currently we have no place for people to wait. There will be an area in the new building for people to wait. We will open the doors early. Dinner will not be set up in the same place that we are giving out the distribution of items. We will be able to be more efficient of our donations. We no longer do the backpack program or our Christmas program at the Chestnut facility. Chestnut Street is as busy as Quincy Street. We exist on Chestnut Street with no parking lot. When we see someone coming to the soup kitchen and we see someone blocking a driveway we tell them to move. We are committed to being good neighbors. We shovel the sidewalk in front of the soup kitchen and will make sure they stay shoveled. Mr. Dufour: How do you get your deliveries at the new site? Ms. Christie: We have a box truck we use to pick up donations. I think it will come into the parking lot. Mr. Robbins: If there are activities that are done off site like the backpack program that come into this building, is it possible that will generate the need for more parking. Ms. Christie: I don’t think it will. With the backpack program we would be able to space it out over a month instead of a few hours so they won’t have a major impact. Lori Wilshire, Alderman at Large, 19 Monadnock Street Ald. Wilshire: I this is the perfect site for the soup kitchen. The use is not a lot different than what it is used for now. They get deliveries now. I am concerned about some of the neighbors brought up about parking. As the liaison to the police department I am willing to work with Ald. Craffey and the police department to address any issues. I also have a letter from Ald. Sheehan supporting this location for the soup kitchen. NCPB February 21, 2013 Page 10 Mo Daniels, 24 Charlotte Avenue Ms. Daniels: I am an advocate for the disenfranchised and have been a volunteer for the Manchester soup kitchen. There are concerns relative to parking but that is a city issue and nothing to do with the building or who the occupant is. Mr. Dufour: As part of site approval we have to look at parking and traffic. We have to look at the use of this site and the existing parking. Katherine Paquette, Merrimack, NH Ms. Paquette: I am Southern New Hampshire Services Homeless Outreach. The soup kitchen site on Chestnut Street you don’t have people loitering, you have people waiting to get in to get assistance. You have mothers with children. You have truck deliveries in front of the soup kitchen now. They are very diligent as far as the neighbors and clients go. Brian Cullen, 10 East Pearl Street Mr. Cullen: I am also board of the soup kitchen. This is a fantastic opportunity. I would be proud to have this in our neighborhood. We have invested in our building and I am excited at the opportunity to have the soup kitchen. There is a lot of parking problem due to the court. We need this as a community. Gerald Prunier, Esq., Prunier & Prolman Atty Prunier: There are a lot of people here this evening that wanted to say something in support. Those that are in favor of the soup kitchen in the audience please stand up. Representative Sylvia Gale Rep. Gale: I was recently elected to represent Ward 1 in Nashua. I left my Bridges board meeting early to come here and I hear concerns that Bridges may have concerns about the soup kitchen coming to this location. I am a co-founding mother of Bridges more than 35 years ago and serve as a board member. I am a supporter and advocate for the population that is served by the soup kitchen. I heard some concerns tonight at the board meeting about the soup kitchen being this close. I know the staff at the soup kitchen and their commitment to being good neighbors and I know if there are victims using Bridge’s services across the street I have full faith the staff at the soup kitchen will accommodate their needs to receive food or meals. NCPB February 21, 2013 Page 11 Mr. Maynard: My business if 4 buildings from this location. There is parking on the street available at all times. There are numerous professional offices. The 15 spaces are more than adequate to serve their needs. When deliveries are made to the VFW they drive into the parking lot and they are gone in about 20 minutes. It doesn’t cause any particular problems. This is a good use for this building. It is badly needed. SPEAKING IN OPPOSITION OR CONCERN – REBUTTAL Elizabeth Munyu, 6 Quincy Street Ms. Munyu: He said there was parking available on the street all the time. I have lived there for 15 years. There are no spaces available on the street. They are looking for volunteers on the web site so they will not have enough parking available. This is going to be tight quarters. I don’t think it will work. The beer truck comes to the VFW once or twice a week. They will be having deliveries on a daily basis. It will be congested. Mr. Dufour: The building that has encroached on to the property, is it legal to pave all the way to the lot line? Mr. Taylor: It isn’t a violation as far as a setback issue. It sounds like it has been an existing condition for many years. It might have been a violation 20 or 30 years, but as far as the setback issue it isn’t a violation. It is presented as existing conditions on the plan. Mr. Robbins or Mr. Leclair or Ald. Craffey??: There are no elevations of what is being proposed. There are no façade changes and there hasn’t been any discussion about lighting and signage. The building will be air conditioned. Are there plans so that the noise won’t affect the neighbors? Mr. Maynard: This building is fully air conditioned. If you look on the site plan there are 2 HVAC units. I am not aware of any noise. The façade is not changing. There is one existing sign on East Pearl Street that will remain. No new signage proposed. No new lighting is proposed. Mr. Dufour: This concludes the public hearing on this application. We will now carry the deliberations into our public meeting. The Board reserves the right to recall any party to this case for clarification. NCPB February 21, 2013 Page 12 Mr. Dookran: Does the driveway encroachment need to be corrected? Mr. Taylor: I am not sure it is a problem because it happened so long ago. There have been many plans that have been approved that have encroachments, such as Dartmouth Hitchcock. The applicant worked with the abutters to fix the encroachments but it wasn’t part of the approval. You are approving the plan as presented which shows what appears to be an encroachment. Mr. Robbins: Is there any way to get more than 15 parking spaces? Mr. Taylor: That is probably a question for the engineer, but it is pretty tight. MOTION by Mr. Ireland to approve New Business #1 – Conditional/Special Use Permits. It conforms to 190-133(F) with no stipulations or waivers. SECONDED by Mr. Varley MOTION CARRIED UNANIMOUSLY MOTION by Mr. Ireland to approve New Business #2 Site Plan. It conforms to 190-146(D) with the following stipulations and waivers: 1. The request for a waiver of NRO § 190-279(EE), which requires a plan sheet for existing conditions, is granted, finding that the waiver will not be contrary to the spirit and intent of the regulation. 2. The request for a waiver of NRO § 190-198, which establishes minimum parking standards, is granted, finding that the waiver will not be contrary to the spirit and intent of the regulation. 3. Minor drafting corrections will be made prior to the Chair signing the plan. 4. Prior to the issuance of a certificate of occupancy, all site improvements will be completed and the parking lot will be re-striped. 5. Applicant to work with owner of 6 Quincy Street and planning staff for fencing. SECONDED by Mr. Kelly NCPB February 21, 2013 Page 13 Ald. Craffey: A couple of neighbors brought up vandalism in the area. Is there a way we could have a security light put up to scare people away? Mr. Ireland: I was down there this evening after dark. There is a light there that is quite illuminated. Their motion light went on and it was one of the brightest I have seen. Ald. Craffey: This is a great opportunity for them. It gives them sidewalks and safety. Mr. Dookran: If this site works out the way it is proposed, I am certainly glad we waited. MOTION CARRIED UNANIMOUSLY OTHER BUSINESS 1. Review of tentative agenda to determine proposals of regional impact. MOTION by Mr. Ireland that there are no items of regional impact. SECONDED by Mr. Varley MOTION CARRIED UNANIMOUSLY 2. Referral of the FY 2014 Capital Improvements Program from the Capital Improvements Committee to the Nashua City Planning Board. Mr. Dufour: For the new members, the planning board is in charge of hearing the Capital Improvements Program. The chair and a committee hear the department heads, listen to their requests, and prioritize them. We are at the point where we vote for a favorable or unfavorable recommendation to move this along to the Mayor and Board of Alderman. Mr. Ireland: As part of the review, do we look at what got through from the previous year and continue to assess are we making progress? Mr. Kelly: They were considered. We took a fresh way of seeing how we want our city projected. The letter is meant to summarize all the departments and where the priorities are. NCPB February 21, 2013 Page 14 Mr. Dookran: I was part of the process. It comes down to how much the money the city has to spare on capital projects. MOTION by Mr. Varley for a favorable recommendation on the FY 2014 Capital Improvements Program. SECONDED by Mr. Ireland MOTION CARRIED 6 to 0 (2 abstentions) DISCUSSION ITEMS None MOTION to adjourn by Mr. Kelly. APPROVED: ______________________________________________________ Ken Dufour, Chair, Nashua Planning Board DIGITAL RECORDING OF THIS MEETING IS AVAILABLE FOR LISTENING DURING REGULAR OFFICE HOURS OR CAN BE ACCESSED ON THE CITY’S WEBSITE. DIGITAL COPY OF AUDIO OF THE MEETING MAY BE MADE AVAILABLE UPON 48 HOURS ADVANCED NOTICE AND PAYMENT OF THE FEE. ______________________________________________________ Prepared by: Linda Panny Taped Meeting