Planning Board
Regular MeetingNashua, NH · June 19, 2014
Minutes
NASHUA CITY PLANNING BOARD
June 19, 2014
The regularly scheduled meeting of the Nashua City Planning
Board was held on Thursday, June 19, 2014 at 7:00 PM in the
auditorium at City Hall.
Members Present: Adam Varley, Chair
Scott LeClair, Vice Chair
Dan Kelly, Secretary
Ald. Sean McGuinness
Steve Dookran, City Engineer
Edward Weber
Steven Zedeck, Alt.
Also Present: Roger Houston, Planning Director
Matt Taylor, Deputy Manager
Linda Panny, Planner I
Mr. Varley: Mr. Zedeck will be participating and voting.
Approval of Minutes
June 5, 2014
b by Mr. Kelly to approve the minutes of May 15, 2014 waived the
reading and place on file.
SECONDED by Mr. Weber
MOTION CARRIED 6-0, 1 ABSTENTION
COMMUNICATIONS
Mr. Houston went over the following items that were received
after the mailing went out:
Amended Planning Board agenda including Other Business item
#2
Postponement of Case #4
Elevations for Cases #1 and #6
Communication from Wayne Husband relative to Cases #3 and
#7
Comments from Jeanne Walker dated June 19, 2014 regarding
13 Marmon Drive
Communication from Cindy Bautista relative to Case #10
NCPB
June 19, 2014
Page 2
REPORT OF CHAIR, COMMITTEE & LIASON
Mr. Kelly: The City had their Finance Committee meeting last
night. The budget for NRPC is 1.8 million. Also, Sarah Marchant
has started in her position as the new director of Community
Development.
PROCEDURES OF THE MEETING
Mr. Varley 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.
NCPB
June 19, 2014
Page 3
OLD BUSINESS – CONDITIONAL/SPECIAL USE PERMITS
None
OLD BUSINESS – SUBDIVISION PLANS
None
OLD BUSINESS – SITE PLANS
None
NEW BUSINESS – CONDITIONAL/SPECIAL USE PERMITS
1. 635 Amherst Street, LLC (Owner). Key Auto Group (Applicant) -
Application and acceptance of proposed conditional use permit
to allow a vehicle service (oil and lubrication center and
car wash). Property is located at 635 & 647 Amherst Street.
Sheet I - Lots 26 & 28. Zoned "GB"- General Business. Ward 2.
MOTION by Mr. Weber that the application is complete and the
planning board is ready to take jurisdiction.
SECONDED by Mr. Zedeck
MOTION CARRIED UNANIMOUSLY
NEW BUSINESS – SITE PLANS
6. 635 Amherst Street, LLC (Owner) Key Auto Group (Applicant) -
Application and acceptance of proposed amendment to site plan
to show demolition of a partially constructed one-story 5,400
sf building and existing 4,450 sf restaurant and construction
of a one-story 6,696 sf (oil and lubrication center and car
wash). Property is located at 635 & 647 Amherst Street. Sheet
I - Lots 26 & 28. Zoned 'GB' General Business. Ward 2.
MOTION by Mr. Zedeck that the application is complete and the
planning board is ready to take jurisdiction.
SECONDED by Mr. Kelly
MOTION CARRIED UNANIMOUSLY
Earle Blatchford, Hayner/Swanson
Mr. Blatchford: I am here to represent the applicant tonight.
Also here with me is Steve Patterson, general counsel for Key
Auto Group, and John Tuttle, project architect with TW Design.
We are requesting an amendment to a site plan that was approved
NCPB
June 19, 2014
Page 4
last year for a similar proposal. The sales building has been
completed and is open for business, but the proposed car care
building has been enlarged and relocated on the existing site.
We have since acquired the lot at 647 Amherst Street. The
restaurant building on this site is going to be demolished and
parking and drainage improvements are going to be made. We have
received approvals to work in the wetland buffer from both the
Conservation Commission and the Zoning Board of Adjustment. We
have also received approval from Pennichuck water. The State AOT
permit is still pending. We still meet the criteria for
Conditional Use, as the request is very similar. We asking for a
waiver from § 190-148, (B) & (C), regarding building design and
landscaping.
Mr. Weber: Why was the silt fence removed from site?
Mr. Blatchford: I cannot answer that question. Mr. Patterson and
I can pass the question along to the landowner.
Mr. Weber: Were the existing gas/oil drain systems checked
and/or monitored?
Mr. Weber: Two of the bays are going to have pits, and the other
four will not.
Mr. Weber: Will the system be impervious to oil leaking out of
it?
Mr. Weber: Yes.
Mr. Zedeck: Does the applicant need to apply for a lot line
relocation, since the two sites are being treated as one?
Mr. Blatchford: We are keeping it as two separate sites for the
purpose of financing.
SPEAKING IN OPPOSITION OR CONCERN
Cynthia Overby, 520 Broad Street
Ms. Overby: This site is in the Watershed Protection District
and should have special consideration. The proposed development
will improve the drainage on the site but I feel the application
can be improved. The old plan had the car wash and lube building
closer to Amherst Street, while the new plan has these
structures closer to the wetland buffer. The building can be
relocated elsewhere on the site. There is also a dumpster shown
NCPB
June 19, 2014
Page 5
near the buffer on the new plan. The applicant is also proposing
snow storage next to the buffer. Curbing should be installed
around the entire site. It is especially important to consider
Conditional Use criteria #7 and Site Plan criteria § 190-148,
#4, #5, #9, #10 and #12.
Nashua resident, unidentified (audio is unclear)
Resident: I also have concerns with the proposed use as
presented. I believe it will lead to water contamination and air
pollution.
SPEAKING IN FAVOR OF THE PLAN
No one
Mr. Blatchford: The car washing will occur in a closed system
which discharges to the sanitary sewer system, in which
biodegradable soaps are used. There is nothing that will occur
outside of the building. Oil products are in bulk and are
contained, not individual containers or bottles. The only place
that does not have curbing is where the rain garden is
installed. Almost the entire site is curbed, and the entire site
drains away from the buffer. Regarding snow, I can locate the
storage areas on the plan for you—it is in an area that is
designed to treat stormwater. Any excess snow will be hauled off
site.
Mr. Kelly: Could you address the issue of sidewalks?
Mr. Blatchford: There are existing sidewalks in front of the
site.
Mr. Kelly: The existing sidewalks are not in good condition, are
you going to do anything about that?
Mr. Blatchford: This had not been brought to our attention that
there is a need.
Mr. Varley: How will the auto waste be disposed of?
Mr. Tuttle: The auto waste is recycled.
Mr. Dookran: Are there cross-access easements in place?
Mr. Blatchford: There is a lease arrangement that addresses
cross-access and maintenance.
NCPB
June 19, 2014
Page 6
SPEAKING IN OPPOSITION OR CONCERN – REBUTTAL
None
Mr. Kelly: I have concerns with the sidewalk issue.
Mr. Taylor: There is an existing sidewalk with curbing there, so
there is responsibility on behalf of the City to maintain it.
Mr. Dookran: I did notice on the site that the driveway is very
narrow. One thing that could be improved is bringing to curb
closer to the driveway.
MOTION by Mr. LeClair to approve New Business –
Conditional/Special Use Permits #1. It conforms to § 190-133(F)
with no stipulations or waivers.
SECONDED by Ald. McGuinness
MOTION CARRIED UNANIMOUSLY
MOTION by Ald. McGuinness to approve New Business – Site Plan
#6. It conforms to § 190-146(D) with the following stipulations
and waivers:
1. The request for a waiver of NRO § 190-148 (B) & (C), which
sets forth landscaping standards 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 § 190-172(C) & (D), which
sets building design standards, is granted, finding that the
waiver will not be contrary to the spirit and intent of the
regulation.
3. Prior to the issuance of a certificate of occupancy, all site
improvement shall be completed.
4. All stipulations of the Conservation Commission dated May 6,
2014 and Zoning Board of Adjustment dated May 13, 2014 are
incorporated herein.
5. All previous Planning Board conditions of approval are
incorporated herein.
SECONDED by Mr. Weber
MOTION CARRIED UNANIMOUSLY
NCPB
June 19, 2014
Page 7
NEW BUSINESS – CONDITIONAL/SPECIAL USE PERMITS
2. John E. & Pamela Terrell (Owners) Denis G. & Deborah A.
Gleeson (Applicants) - Application and acceptance of proposed
conditional use permit to allow for educational purposes.
Property is located at 9 Groton Road. Sheet D, Lot 337. Zoned
R40-Rural Residence. Ward 5.
MOTION by Ald. McGuinness that the application is complete and
the planning board is ready to take jurisdiction.
SECONDED by Mr. LeClair
MOTION CARRIED UNANIMOUSLY
Deborah & Denis Gleeson, 17 Gregg Road
Ms. Gleeson: I am here to seek permission for a Conditional Use
permit for educational purposes, use #249 in the Use Matrix. We
currently operate the Nature of Things Academy across from 9
Groton Road. The Conservation Commission is going to purchase an
easement on the property. We want to expand our educational
services to children. The land at 9 Groton Road will provide
more pasture land, expand farming and gardening operations and
other educational activities.
Mr. LeClair: Regarding the existing school, is there any
pedestrian/traffic that crosses Groton Road? Are there plans for
pedestrian crossing?
Ms. Gleeson: Currently no. We would not have children crossing
the road; we would probably use our buses to transport children
back and forth between the properties.
Mr. Weber: Who is responsible for maintain the trails on the
property?
Mr. Gleeson: I believe we are responsible for maintain the
trails on our property, and the Conservation Commission is
responsible for the trails on their easement. However, this has
not been officially defined at this time.
SPEAKING IN OPPOSITION OR CONCERN
No one
SPEAKING IN FAVOR OF THE PLAN
NCPB
June 19, 2014
Page 8
Attorney Gerald Prunier, Prunier & Prolman
Mr. Prunier: I helped the Gleeson’s get their original permits
to start up the school. They have done a fantastic job
developing it and they are an asset to the City of Nashua. I am
happy to see them continuing to develop.
MOTION by Mr. LeClair to approve New Business –
Conditional/Special Use Permits #2. It conforms to § 190-133(F)
with no stipulations or waivers.
SECONDED by Mr. Zedeck
MOTION CARRIED UNANIMOUSLY
NEW BUSINESS – SUBDIVISION PLANS
3. 270 Amherst Street, LLC and Edco Nashua LLC (Owners) -
Application and acceptance of proposed lot line relocation
plan. Property is located at 270 & 274 Amherst Street. Sheet
E - Lots 268, 1230 & 2136. Zoned "HB" Highway Business. Ward
1. (Postponed from the May 15, 2014 Meeting)
MOTION by Mr. LeClair that the application is complete and the
planning board is ready to take jurisdiction.
SECONDED by Mr. Weber
MOTION CARRIED UNANIMOUSLY
NEW BUSINESS – SITE PLANS
7. 270 Amherst Street, LLC (Owner). Application and acceptance
of proposed site plan to construct a 40,045 square foot
retail center with a restaurant. Property is located at 270
Amherst Street. Sheet E, Lot 268. Zoned HB-Highway Business,
Ward 1. (Postponed from the May 15, 2014 Meeting)
MOTION by Mr. LeClair that the application is complete and the
planning board is ready to take jurisdiction.
SECONDED by Mr. Kelly
MOTION CARRIED UNANIMOUSLY
Mark Fougere, Fougere Planning & Development
Mr. Fougere: With me here tonight is Brian Lahey of Saxon
Partners, Attorney Gerald Prunier, Wayne Morrell of Jones and
Beach Engineers and Robin Bousa of VHB. The site is the former
NCPB
June 19, 2014
Page 9
Nashua Trucking property. We have been working on this site for
2-3 years. We are making significant drainage improvements. We
are asking for 3 waivers in regards to parking, landscaping and
building construction.
Wayne Morrell, Jones & Beech Engineers
Mr. Morrell: Our proposal is to adjust a lot line between the
two properties that make up the former Nashua Trucking site, and
also to obtain a .83 acre site in the rear of the lot. With this
proposal, there are no changes to frontage and the lots will
maintain the required minimum area. Building demolition has
occurred on the site and a silt fence is in place. We meet the
minimum requirements for parking for all of the uses on the
site. Current access to the site is through the existing jug
handle on Amherst Street. The current drainage facility has no
treatment at this time; we will be updating the site with a
gravel drainage system. We have submitted an AOT application for
this. We will also have an underground chamber system for the
roof runoff. The site has water, sewer, electric and gas coming
off of Amherst Street. Water will be extended to the new
buildings. We will also be installing a gravity sewer system. We
are asking for several landscaping waivers regarding perimeter
and median landscaping and landscaping requirements for parking
lot islands. We are also asking for a waiver for parking space
dimensions. The last waiver we are requesting is for building
façade standards.
Robin Bousa, Director of Transportation Systems, VHB
Ms. Bousa: VHB was hired by the City to do a traffic study on
this section of Amherst Street. Our focus was to look at short
and long term improvements for this area, and to come up with
something that was implementable. The short term plan would be
to take both of the right turn lanes coming off of Charon Ave
and bring them both into the jug handle. As part of this plan,
another improvement is to add another right turn lane onto
Amherst Street. The estimated cost of this plan is $260,000. The
goal of the long term plan is to get rid of use of the jug
handle. There would be an additional right turn lane coming out
of Charon Ave, among other improvements, including a center left
turn lane on 101A. We wanted to make sure we did not have any
impact on the gas station abutting the Turnpike Plaza. There
will be some ROW impact with the widening of the road. With the
long term improvement plan, we will eliminate future
overcapacity and actually have reserved 15%. The estimated cost
of this plan is $920,000. The applicant would like to proceed
with the short term improvement plan.
NCPB
June 19, 2014
Page 10
Mr. Varley: How would opting for the short term plan now impact
the feasibility of the long term plan, down the road?
Ms. Bousa: It would not have any impact. There is nothing
preventing implantation of the long term plan. The short term
plan could be considered a building block. You would still be
able to utilize the widening occurring on 101A as part of the
long term plan.
Mr. Zedeck: What is the time frame for the long term plan?
Ms. Bousa: We were looking at a 10-year forecast of traffic
operations when doing this study. The implementation schedule is
dependent on funding.
Mr. LeClair: How would truck delivery traffic work within this
plan.
Mr. Morrell: Right now, truck circulation would occur at the
rear of the site. Trucks will travel down Charon Ave and
turnaround. Some trucks may be able to go through the jug
handle. There is also a cross connection in place with the
proposed lot line relocation.
Mr. Kelly: Is there a backup plan to the short term plan if the
City cannot come up with the funding?
Mr. Fougere: The applicant is prepared to complete the short
term plan. We do not plan to start construction until next year.
We have talked to abutting properties raising money to fund the
long term solution. The project is already in the City’s CIP
plan, but we would like to increase the funding and also speed
up the timeline for the project. Key Auto has made a commitment
with us.
Mr. Varley: Have you talked to the Dunkin Donuts about a cross
access?
Mr. Fougere: We have had numerous discussions with them. They
are at a higher grade than we are, so it would be challenging to
connect our two sites.
Mr. Lahey: We have a verbal agreement with them to sell a
portion of land that would double their parking and provide them
with a drive-through with increases stacking.
Mr. Dookran: How would the site plan be affected by the long
term plan.
NCPB
June 19, 2014
Page 11
Mr. Fougere: If the long-term plan is implemented, we will need
to come back before the Board.
Mr. Weber: Will all the dumpsters be enclosed?
Mr. Morrell: Yes.
Mr. Weber: Will you allow for donation boxes to be placed on
site?
Mr. Morrell: No.
Mr. Weber: Will there be handicap access to “Tenant K”?
Mr. Morrell: We can provide for another handicap parking space
closer to the “Tenant K” building.
Mr. LeClair: Will there be any new signage along the jug handle
or Amherst Street?
Mr. Morrell: There is a proposed pylon sign along the jug handle
area, just after the Pep Boys lot. There would also be a sign
along the Charon Ave access. We do not have a sign detail at
this time.
SPEAKING IN OPPOSITION OR CONCERN
No one
SPEAKING IN FAVOR OF THE PLAN
No one
Mr. Taylor: Please note you have two updated items of
correspondence in regards to this case; a memo from Jeanne
Walker regarding condition of approval #5 dated June 2nd, and an
email from Wayne Husband regarding condition of approval #7
dated June 17th.
Mr. Houston: The Board should ask the applicant if they are in
agreement with the City traffic engineer’s recommendation before
closing the public hearing.
Mr. Fougere: The applicant has no issues and accepts the
recommendation.
Mr. Varley: We will approach the applicant based on the short
term traffic improvement plan.
NCPB
June 19, 2014
Page 12
Mr. Dookran: Regarding Wayne Husband’s email, approval condition
#3, the last sentence should read “The City will discontinue any
excess right-of-way land area no longer needed”.
MOTION by Mr. Kelly to reopen the public hearing to obtain
clarification from the applicant.
SECONDED by Mr. LeClair
MOTION CARRIED UNANIMOUSLY
Mr. Morrell: The proposal was to trade the ROW land on Charon
Ave for a piece of land in the jug handle.
Mr. Dookran: In a sense that is what will happen, but the ROW
needs to go back to the original owner.
Mr. Varley: It will be discontinued in favor of the property.
Does the applicant understand?
Mr. Morrell: Yes.
Mr. Varley: This concludes the public hearing.
MOTION by Mr. LeClair to approve New Business – Subdivision Plan
#3. It conforms to § 190-138(G) with no stipulations or waivers.
SECONDED by Mr. Zedeck
MOTION CARRIED UNANIMOUSLY
MOTION by Mr. LeClair to approve New Business – Site Plan #7. It
conforms to § 190-146(D) with the following stipulations and
waivers:
1. The request for a waiver of § 190-193(A), which sets minimum
dimensions for the size of parking spaces, 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 § 190-172, which sets building
design standards, is granted, finding that the waiver will
not be contrary to the spirit and intent of the regulation.
3. The request for a waiver of Article XXVII, which establishes
minimum landscaping standards, is granted, finding that the
waiver will not be contrary to the spirit and intent of the
regulation.
4. All easements and stormwater documents will be submitted to
City staff for review and recorded at the applicant’s expense
prior to the issuance of a building permit.
NCPB
June 19, 2014
Page 13
5. Prior to the issuance of a building permit, all outstanding
issues identified in a memo from Jeanne Walker, PE, dated
6/2/2014 will be resolved to the satisfaction of the
Engineering Department
6. Prior to the issuance of a building permit, a financial
guarantee shall be submitted by the applicant for all off-
site improvements in accordance with § 190-143 of the City
Code.
7. The four stipulations, with #3 to be modified, recommended in
an email from Wayne Husband, PE, dated 6/17/2014 are
incorporated herein with all four to be completed prior to
the issuance of a certificate of occupancy.
8. Prior to the issuance of a certificate of occupancy, all off-
site and on-site improvements will be completed.
9. Applicant will work with staff to provide better handicapped
access to tenant “K”.
SECONDED by Mr. Kelly
MOTION CARRIED UNANIMOUSLY
NEW BUSINESS – SUBDIVISION PLANS
5. Allen C. Mello Revocable Trust and Andrea James Realty, LLC
(Owners) - Application and acceptance of proposed lot line
relocation. Property is located at 13 Marmon Drive & 10 West
Hobart Street. Sheet A - Lot 690 and Sheet 128 - Lot 140.
Zoned "HB" Highway Business and "RA" Urban Residence. Ward 7.
(Postponed from the May 15, 2014 Meeting)
MOTION by Mr. Weber that the application is complete and the
planning board is ready to take jurisdiction.
SECONDED by Mr. Kelly
MOTION CARRIED UNANIMOUSLY
NEW BUSINESS – SITE PLANS
9. Allen C. Mello Revocable Trust (Owner) - Application and
acceptance of proposed site plan amendment to construct a
building addition and expand the outdoor sales area. Property
is located at 13 Marmon Drive. Sheet A - Lot 690. Zoned "HB"
Highway Business and "RA" Urban Residence. Ward 7. (Postponed
from the May 15, 2014 Meeting)
NCPB
June 19, 2014
Page 14
MOTION by Mr. Weber that the application is complete and the
planning board is ready to take jurisdiction.
SECONDED by Mr. Kelly
MOTION CARRIED UNANIMOUSLY
Richard Maynard, Maynard & Paquette Engineering
Mr. Maynard: The proposed lot line relocation would place the
residential lot at 10 West Hobart Street, currently split-zoned,
into an entirely residential “RA” zone and give the portion of
the lot that is zoned “HB” to the Allen Mello parcel on 13
Marmon Drive. There would be an exchange of 18,010SF. There are
no requested waivers or suggested stipulations. Regarding the
site plan, the proposal is to add a 3,096SF addition to the
existing building and a 17,750SF outside display area.
Improvements will be made to the building. An 8-foot stockade
fence will be built between the lot and the West Hobart
residences. There will be a new sub-surface detention and
recharge chamber system on the parking lot. Post-construction
drainage will be 20% less than current drainage. We are asking
for 3 waivers regarding building roofing, sidewalks, and the
planted buffer between the lot and the residences on West Hobart
Street.
Mr. Weber: Are you going to repair the existing fence at the
back of the property?
Mr. Maynard: Yes, most of that fence will be removed and
rebuilt. Any deteriorated fencing will be upgraded.
Mr. Weber: Are you enclosing the dumpster?
Mr. Maynard: Yes.
Mr. Weber: Are you replacing the curbing?
Mr. Maynard: We are not doing anything to the street.
Mr. Weber: Are you going to put in a gas and oil stormwater
system?
Allen Mello, Allen Mello Dodge, 13 Marmon Drive
Mr. Mello: Yes, we do oil changes in that building. We also have
a facility on Graham Drive where we do the majority of the
servicing. There are separation systems in the existing
NCPB
June 19, 2014
Page 15
stormwater system. We have not been required to monitor them in
the past. We do have them pumped out from time to time. We do
not have gas storage on the property.
Mr. Weber: You are required to work with Engineering to monitor
and maintain the stormwater system.
Mr. Dookran: Stipulation #4, as specified by Jeanne Walker in
her June 19th letter, requires 100% of stormwater must be treated
on the surface prior to entering the chamber system. Will this
change the plan?
Mr. Maynard: We do not anticipate any changes will need to be
made, apart from possibly some minor elevation changes in the
catch basin. It would not materially change the plan. We may
have to sit down with Jeanne Walker to discuss this.
Mr. Dookran: Regarding the first driveway that goes to the
service bay area, there is not enough width for traffic to
circle around the parking area.
Mr. Maynard: You are technically correct but it works for the
site and it has been like this since the 70’s.
SPEAKING IN OPPOSITION OR CONCERN
No one
SPEAKING IN FAVOR OF THE PLAN
No one
Ms. Panny: Regarding stipulation #4, you need to change the
wording to “Jeanne Walker’s comments of June 19th”.
Mr. Taylor: For every site plan, there is a stormwater
maintenance plan that gets recorded. This would address Mr.
Weber’s concerns.
MOTION by Mr. LeClair to approve New Business – Subdivision Plan
#5. It conforms to § 190-138(G) with no stipulations or waivers.
SECONDED by Mr. Kelly
MOTION CARRIED UNANIMOUSLY
MOTION by Mr. LeClair to approve New Business – Site Plan #9. It
conforms to § 190-146(D) with the following stipulations and
waivers:
NCPB
June 19, 2014
Page 16
1. The request for a waiver of NRO § 190-172(C), which sets
building design standards, 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 190-281(B)(2), for buffer
types, is granted, finding that the waiver will not be
contrary to the spirit and intent of the regulation.
3. The request for a waiver of NRO § 190-212(D)(1), which
requires that a sidewalk be located on one side of the
street, is granted, finding that the waiver will not be
contrary to the spirit and intent of the regulation.
4. Prior to the issuance of a building permit, all comments in
letter from Jeanne Walker, PE dated June 19, 2014 shall be
addressed to the satisfaction of the Engineering Department.
5. Prior to the issuance of a building permit, the applicant
will work with staff to revise the landscape plan to ensure
adequate plantings on the site.
6. Stormwater documents will be submitted to City staff for
review and recorded at the applicant’s expense prior to the
issuance of a building permit.
SECONDED by Ald. McGuinness
MOTION CARRIED UNANIMOUSLY
NEW BUSINESS – SITE PLANS
10. 75 Deerwood Drive, LLC and Ruth B. Girouard (Owners) -
Application and acceptance of proposed site plan for a mixed
use development with 13 residential units and office space.
Property is located at 75-77 Deerwood Drive. Sheet H - Lot 81
and 134. Zoned "PI" Park Industrial. Ward 2. (Postponed from
the June 5, 2014 Meeting)
MOTION by Mr. Kelly that the application is complete and the
planning board is ready to take jurisdiction.
SECONDED by Mr. Weber
MOTION CARRIED UNANIMOUSLY
Peter Dolloff, Sequel Development and Management
Mr. Dolloff: Presenting with me tonight is David Romero, project
engineer. The plan is to rebuild the home at 75 Deerwood Drive,
NCPB
June 19, 2014
Page 17
which will be used as a sales and rental office. There will also
be a small maintenance garage constructed. We are proposing to
build 13 townhomes on the site. They will be rental units, not
for ownership. Landscaping on the site will meet all City
requirements.
David Romero, Delany Group
Mr. Romero: We will be consolidating the lots into one, which
will give us 1.18 acres total for the site. Parking areas will
be at the center of the site. The homes are two levels, no
basements, with garages underneath. They will have City water
and sewer, and stormwater management on site.
Mr. Varley: What is the status of the issues presented in Jeanne
Walker’s letter dated June 12th?
Mr. Romero: We have addressed those concerns.
Mr. Weber: What material are you using on the parting walls?
Mr. Romero: We will use a shaft liner to separate the units,
which achieves a 2-hour firewall.
Mr. Dookran: Will the catch basin overflow with a 100-year
flood? It seems it will base on the calculations we were given.
Mr. Romero: The infiltration basins can hold a 100-year flood. I
believe the calculations are based on older information.
Mr. LeClair: Regarding the lot consolidation, does the site plan
allow for the line to be removed?
Ms. Panny: The applicant is doing a voluntary lot merger.
SPEAKING IN OPPOSITION OR CONCERN
No one
SPEAKING IN FAVOR OF THE PLAN
No one
Ms. Panny: Stipulation #2 can be removed.
MOTION by Mr. Zedeck to approve New Business – Site Plan #10. It
conforms to § 190-146(D) with the following stipulations and
waivers:
NCPB
June 19, 2014
Page 18
1. Prior to the issuance of a building permit, all comments in
letter from Jeanne Walker, PE dated June 12, 2014 shall be
addressed to the satisfaction of the Engineering Department.
2. Prior to the issuance of a building permit, stormwater
documents will be reviewed by Staff and recorded at the
owner’s expense.
3. Prior to issuance of a building permit all minor drafting
corrections will be made.
4. Prior to Chair signing the plan, the applicant will work with
Staff on the landscaping.
5. All stipulations of the Zoning Board of Adjustment dated May
13, 2014 are incorporated herein.
6. Prior to the issuance of certificate of occupancy all site
improvements shall be completed in accordance with the
approved plan.
SECONDED by Mr. LeClair
MOTION CARRIED UNANIMOUSLY
NEW BUSINESS – SITE PLANS
11. Hannaford Bros. Co. Supermarket (Owner). Application and
acceptance of proposed amendment to Site Plan NR #1772 to add
a designated grocery pick-up addition. Property is located at
175 Coliseum Ave. Sheet E, Lot 1489. Zoned "GB" General
Business. Ward 1
MOTION by Mr. Weber that the application is complete and the
planning board is ready to take jurisdiction.
SECONDED by Ald. McGuinness
MOTION CARRIED UNANIMOUSLY
Bill McKenney, Hannaford Supermarkets
Mr. McKenney: Here with me tonight is Jay Lord, consultant. We
are proposing a “Hannaford To Go” service at our existing
location, which will require us to add an addition on the right
side of the building.
Mr. Varley: Is the proposal similar to a drive-through with a
single window, or will multiple cars be able to stack and
receive their groceries simultaneously?
NCPB
June 19, 2014
Page 19
Mr. McKenney: For the most part, we will service one vehicle at
a time. If it is more popular than we anticipate, we may be able
to serve more than one vehicle at a time.
Mr. Varley: Are there any traffic controls at the drive-through?
Mr. McKenney: There will be a stop bar at the end of the
driveway.
Mr. Zedeck: When customers order online, are they given a time
slot to come pick up their groceries?
Mr. McKenney: Yes, customers are given a specific time slot for
when they are allowed to pick up their groceries.
Mr. Weber: On the exit lane, it looks like there might be a
sight issue on the left side. This is something to be aware of.
Also, it looks like there are two clothes collection bins on
site. These need to be completely enclosed or removed.
Mr. LeClair: Is the drive-through proposed here similar to the
other stores that have the “Hannaford To Go” program?
Mr. McKenney: This is a retro-fit location, so this drive-
through is actually a better configuration than some locations.
Mr. Dookran: Is the drive-through lane designed for larger
vehicles?
Mr. McKenney: It is meant for typical passenger vehicles.
Mr. Dookran: What is the “guide rail” shown on the plan?
Mr. McKenney: It is similar to a guard rail, used as a barrier
between the building and vehicle.
Mr. Dookran: How do customers pay for the groceries?
Mr. McKenney: Payment occurs inside the store by employees.
SPEAKING IN OPPOSITION OR CONCERN
No one
SPEAKING IN FAVOR OF THE PLAN
No one
NCPB
June 19, 2014
Page 20
MOTION by Ald. McGuinness to approve New Business – Site Plan
#11. It conforms to § 190-146(D) with no stipulations or
waivers.
SECONDED by Mr. Kelly
MOTION CARRIED UNANIMOUSLY
OTHER BUSINESS
1. Review of tentative agenda to determine proposals of regional
impact.
MOTION by Mr. Kelly that there are no items of regional impact.
SECONDED by Mr. LeClair
MOTION CARRIED UNANIMOUSLY
2. Letter requesting favorable recommendation and support for
federal transportation enhancement project (Nashua, #16050;
TE Program #X-A001(110) Rail Corridor Purchase to acquire 2
properties of a previously abandoned railway for a future
Heritage Rail Trail East.
Mr. Houston: The Planning Board reviewed a letter regarding
funding for this project several years ago. There are many
Federal and State agencies we need to send this letter to before
we proceed. There are two pieces of the trail left; behind the
fire station on Lake Street and the Commercial Street Bridge,
and another piece just north of the House of Pizza. The project
has been part of several of the Planning Board’s master plans. I
seek your recommendation and any comments you may have.
Mr. Kelly: How is the project being funded?
Mr. Houston: It is funded through a Transportation Enhancement
federal grant. It is an 80/20 match.
Mr. Kelly: How much money will this cost?
Mr. Houston: It depends on what the appraisal comes in at, but
the complete grant fund is $350,000.
Mr. Dookran: This includes the purchase of the abandoned bridge?
Mr. Houston: Yes.
Mr. Dookran: Will it be restored for pedestrian use?
NCPB
June 19, 2014
Page 21
Mr. Houston: Yes, that is the intention.
Mr. Varley: If the property is obtained, how far will the
pedestrian trail extend?
Mr. Houston: Approximately to Temple Street.
MOTION by Mr. Kelly for a favorable recommendation.
SECONDED by Ald. McGuinness
MOTION CARRIED UNANIMOUSLY
DISCUSSION ITEMS
Mr. Kelly: I would like to discuss NRPC. I think we are missing
out on all of the things they can do for us. They are a non-
profit which allows them to apply for certain grants that we
cannot. I think we should learn more about the organization.
(Clarification of what Mr. Kelly said at the June 19, 2014
meeting - NRPC is a quasi government agency and is not a
"nonprofit". However, there is some consideration being given to
establish a 501 C 3 as an arm of NRPC so that they might apply
for and participate in grants that are not currently available
to them. My point of bringing them up for discussion was to see
if we could get them to come to one of our meetings to brief
us on what they do and how their services could be better used
by Nashua.)
Mr. Varley: We can talk to staff about having someone come in to
speak to the Board at a future meeting.
MOTION to adjourn by Mr. Kelly
APPROVED:
______________________________________________________
Adam Varley, 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: Mindy Lavallee
NCPB
June 19, 2014
Page 22
Taped Meeting
Agenda
City of Nashua
Planning Department Planning & Zoning 589-3090
Fax 589-3119
229 Main Street
WEB www.nashuanh.gov
Nashua, New Hampshire 03061-2019
June 19, 2014
AMENDED AGENDA
To: NCPB Members
From: Planning Staff
Re: Meeting June 19, 2014
A regular meeting of the Nashua City Planning Board will be held on Thursday, at 7:00 p.m. in
the City Hall Auditorium, 3rd floor, 229 Main Street. The Planning Staff will be available at 6:30
p.m. to answer any questions the Board or Public might have concerning the following proposed
agenda.
A. Call to Order
B. Roll Call
C. Approval of Minutes – June 5, 2014
D. Communications
E. Report of Chairman, Committee, & Liaison
F. Executive Session
OLD BUSINESS – CONDITIONAL / SPECIAL USE PERMITS
None
OLD BUSINESS - SUBDIVISION PLANS
None
OLD BUSINESS – SITE PLANS
None
NEW BUSINESS – CONDITIONAL / SPECIAL USE PERMITS
1. 635 Amherst Street, LLC (Owner). Key Auto Group (Applicant) - Application and
acceptance of proposed conditional use permit to allow a vehicle service (oil and lubrication
center and car wash). Property is located at 635 & 647 Amherst Street. Sheet I - Lots 26 &
28. Zoned "GB"- General Business. Ward 2.
2. John E. & Pamela Terrell (Owners) Denis G. & Deborah A. Gleeson (Applicants) -
Application and acceptance of proposed conditional use permit to allow for educational
purposes. Property is located at 9 Groton Road. Sheet D, Lot 337. Zoned R40-Rural
Residence. Ward 5.
NEW BUSINESS – SUBDIVISION PLANS
3. 270 Amherst Street, LLC and Edco Nashua LLC (Owners) - Application and acceptance of
proposed lot line relocation plan. Property is located at 270 & 274 Amherst Street. Sheet E -
Lots 268, 1230 & 2136. Zoned "HB" Highway Business. Ward 1. (Postponed from the
May 15, 2014 Meeting)
4. John J. Flatley Company (Owner) - Application and acceptance of proposed three lot
subdivision. Property is located at 100-300 Innovative Way. Sheet A - Lot 798. Zoned
"PI" Park Industrial and "RC" Urban Residence. Ward 8. (Postponed to Date Uncertain)
5. Allen C. Mello Revocable Trust and Andrea James Realty, LLC (Owners) - Application and
acceptance of proposed lot line relocation. Property is located at 13 Marmon Drive & 10
West Hobart Street. Sheet A - Lot 690 and Sheet 128 - Lot 140. Zoned "HB" Highway
Business and "RA" Urban Residence. Ward 7. (Postponed from the May 15, 2014
Meeting)
NEW BUSINESS – SITE PLANS
6. 635 Amherst Street, LLC (Owner) Key Auto Group (Applicant) - Application and
acceptance of proposed amendment to site plan to show demolition of a partially
constructed one-story 5,400 sf building and existing 4,450 sf restaurant and construction of
a one-story 6,696 sf (oil and lubrication center and car wash). Property is located at 635 &
647 Amherst Street. Sheet I - Lots 26 & 28. Zoned 'GB' General Business. Ward 2.
7. 270 Amherst Street, LLC (Owner). Application and acceptance of proposed site plan to
construct a 40,045 square foot retail center with a restaurant. Property is located at 270
Amherst Street. Sheet E, Lot 268. Zoned HB-Highway Business, Ward 1. (Postponed form
the May 15, 2014 Meeting)
8. John J. Flatley Company (Owner) - Application and acceptance of proposed site plan to
construct a 255,272 square foot Research & Development facility. Property is located at
100-300 Innovative Way. Sheet A - Lot 798. Zoned "PI" Park Industrial and "RC" Urban
Residence. Ward 8. (Postponed from the June 5, 2014 Meeting)
9. Allen C. Mello Revocable Trust (Owner) - Application and acceptance of proposed site plan
amendment to construct a building addition and expand the outdoor sales area. Property is
located at 13 Marmon Drive. Sheet A - Lot 690. Zoned "HB" Highway Business and "RA"
Urban Residence. Ward 7. (Postponed to Date Uncertain)
10. 75 Deerwood Drive, LLC and Ruth B. Girouard (Owners) - Application and acceptance of
proposed site plan for a mixed use development with 13 residential units and office space.
Property is located at 75-77 Deerwood Drive. Sheet H - Lot 81 and 134. Zoned "PI" Park
Industrial. Ward 2. (Postponed from the June 5, 2014 Meeting)
11. Hannaford Bros. Co. Supermarket (Owner). Application and acceptance of proposed
amendment to Site Plan NR #1772 to add a designated grocery pick-up addition. Property is
located at 175 Coliseum Ave. Sheet E, Lot 1489. Zoned "GB" General Business. Ward 1.
OTHER BUSINESS
1. Review of tentative agenda to determine proposals of regional impact.
2. Letter requesting favorable recommendation and support for federal transportation
enhancement project (Nashua, #16050; TE Program #X-A001(110) Rail Corridor Purchase
to acquire 2 properties of a previously abandoned railway for a future Heritage Rail Trail
East.
DISCUSSION ITEMS
None
NONPUBLIC SESSION
The Planning Board will need to make a motion to enter into a Nonpublic Session under RSA
91-A:3, II (e) for consideration or negotiation of pending claims or litigation which has been
threatened in writing or filed against the public body.
NEXT MEETING
July 10, 2014
ADJOURN
WORKSHOP
ACCOMMODATIONS FOR THE SENSORY IMPAIRED
"SUITABLE ACCOMMODATIONS FOR THE SENSORY IMPAIRED
WILL BE PROVIDED UPON ADEQUATE ADVANCE NOTICE."
CONDUCT AT PLANNING BOARD MEETING
When the meeting is called to order, the only talking allowed in the Auditorium will be remarks
addressed to the Chairman. Except for the original presentation of the subject or application,
each person speaking for or against shall be limited to five (5) minutes until all have been given an
opportunity to be heard, at which time each person may be allowed additional time if deemed
necessary by the Board or the Chairman. When you are recognized by the Chairman, proceed to
the podium, using the microphone, state your name and address and then make your comments.
Courtesy is shown when you reserve your comments for the proper time.
PLEASE BE COURTEOUS
By Order of the Chair
Get email alerts for Nashua
A daily email when new agendas and minutes are posted.