Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 27, 2010 A public hearing of the Zoning Board of Adjustment was held on Tuesday, April 27, 2010 at 6:30 PM in the Auditorium at City Hall. Jack Currier, Chair, conducted the meeting. Members present were: Jack Currier, Chair Gerry Reppucci Ryan Williams Carter Falk, Deputy Planning Manager/Zoning Mr. Currier explained the Board's procedures, including the points of law required for applicants to address relative to variances and special exceptions. Mr. Currier explained how testimony will be given by applicants, those speaking in favor or in opposition to each request, as stated in the Zoning Board of Adjustment (ZBA) By-laws. Mr. Currier also explained procedures involving the timing light. MOTION by Mr. Currier to remove this case from the Table. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 3-0. 1. Robert Kerouac (Owner) Club Social (Applicant) 6 Denton Street (Sheet 26 Lot 31) requesting use variance to allow a private social club in a portion of an existing building. GI Zone, Ward 7. [TABLED FROM 4-13-10 MEETING] Voting on this Case: Jack Currier Gerry Reppucci Ryan Williams Karen Bourdon, 141 Chestnut Street, Nashua, NH. Ms. Bourdon stated that they had some petitions signed by over 853 signatures of people in support of the club. She said they are from members, families and guests. She said there was ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 27, 2010 Page 2 considerable miss-information from the original presentation at the last meeting they had. She said that she spoke to some of the neighbors, and there were concerns about the parking, the one-way street. She said the club is not an open bar, it’s a private club and they don’t let anyone in but members and their guests. She said they are a non-profit organization, that’s been chartered over 75 years, and it combines charitable services for members of the greater Nashua community. She said they have sponsored several teams, leagues and parties. She said that traffic and parking were never an issue when they were located at the previous location. She said that by granting this request, it will not have any negative impact on traffic, the other location was in a more dense area in the tree streets, with more traffic, and it was never an issue at that location. She said they have agreed to post no parking signs along the fencing. She said that the grounds and parking lot will be cleaned up and will be well-maintained. She said they will have a janitor seven days a week, and it will always be kept up, and there will be extra exterior lighting and security cameras inside and outside of the building, along with a 24-hr monitoring system and alarm systems. She said the DJ booth will be on the other side of the building, and it should not create any noise issues. Mr. Currier said the proposed hours of operation are from 9:00 am to 9:00 pm, Monday through Wednesday, and 9:00 am to 1:00 am on Thursday and Friday, and Saturday is 8:00 am to 1:00 am, and Sunday is 8:00 am to 9:00 pm. Ms. Bourdon said yes. She said the hours could be adjusted, depending on the bartender’s discretion. She said if there are less than five people, they’ll close. Mr. Reppucci asked if they were to consider a closing time of 9:00 pm, would that be acceptable. Ms. Bourdon said that would be a very big impact. The extra money that they make goes to the children’s Christmas party and other charitable causes. Mr. Williams asked if the Club is a tax-exempt entity, under 501-c 3, or a voluntary corporation. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 27, 2010 Page 3 Ms. Bourdon said it is a non-profit organization, and believes it is a 501-c 3. Mr. Currier asked about the police calls. Ms. Bourdon said there were three in the past four years, which is very low. Mr. Reppucci asked what the result was, when the applicant was asked to speak with the abutters. Ms. Bourdon said a lot of people didn’t want to get involved, or were not interested. SPEAKING IN FAVOR: Alicia Anctil, 141 Chestnut Street, Nashua, NH. Ms. Anctil stated that she has been a part of this organization since she has been born, and has been a part of the Christmas parties, and to take this away from the community is a huge loss. She said the Thanksgiving dinners give people a place to go. She said it is an amazing atmosphere, safe and at home. She said that the place provides a nice community for the members, their families, and their guests. She said it is not just a bar, it is a small community. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: Melissa Hammond, 18 Crown Street, Nashua, NH. Ms. Hammond said she has some letters from some other neighbors who are in opposition to the request. She said the proposed hours that they want are not compatible with the hours of the people who live in this area, it is a working class area, mostly from 6:00 am to 6:00 pm. She said there is an expectation that when they come home from work, the businesses are closed. She said there is insufficient parking to support their use, as they claim to have over 200 members, but only have 13 parking spaces. She said the street is one-way, it is narrow, and there are a lot of children at play walking to and from school. She said it would be extremely difficult for a fire truck or an ambulance to make it down that street in the winter. She said that the neighborhood just doesn’t want the extra traffic. Lam Nguyen, 20 Crown Street, Nashua, NH. Mr. Nguyen stated that the club’s parking lot is right up against his backyard. He ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 27, 2010 Page 4 said it will affect his sleep, he said if they are open until 1:00 am, it will be a problem. Michelle Gillett, 18 Crown Street, Nashua, NH. Ms. Gillett rents the apartment upstairs. She said she works from 4:30 in the morning until 3:30 in the afternoon, so she said she needs her sleep. She said she is concerned with living next to a bar. She handed the Board a list of Police calls to the property. She said that she chose this neighborhood because it is quiet, if there is a bar there, it will force her to move. Eileen Higgins, 16 Crown Street, Nashua, NH. Ms. Higgins stated that she knows the Social Club, it is a good club for some people, but the hours of operation will keep the neighborhood awake, and a lot of people get up early in the morning to get to work. She said she’d like to know what charities they donate to, as she believes they are barely making it. SPEAKING IN FAVOR – REBUTTAL: Karen Bourdon, 141 Chestnut Street, Nashua, NH. Ms. Bourdon said that there is a lot of public transportation in this town, the buses go over there, there are taxis, and a good percentage of the clientele don’t even drive, a lot of them walk or take cabs or bus. She said the distance from the building to her fence is 86 feet away to the garage. She said there are 13 plus parking spaces. Mr. Reppucci said that the police report that he looked at, there were only six reportable incidents, over the past five years, and in reportable incidents, the officer must write out a report about it. He said the police department said there’s basically no activity there. He said the fire department also said there was very low activity for their calls to service. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS – REBUTTAL: Melissa Hammond, 18 Crown Street, Nashua, NH. Ms. Hammond stated that it is a small street, and as a whole neighborhood, we don’t want this use back there. She said she didn’t believe that they meet the requirements for the variance. Mr. Reppucci said the real issue in this case is the property rights of the people in the neighborhood, he said what the residents have said is pretty compelling, and looking at the ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 27, 2010 Page 5 layout of the building, he said he didn’t see how this could not be impactful to the neighbors whatsoever. He said the neighbors have a right to peace and quiet in their neighborhood. He said he didn’t feel good about the 1:00 a.m. time frame, and after 10:00 p.m., most all people expect peaceful enjoyment inside their home. He said he didn’t think this would happen at this location. Mr. Williams said he is having a hard time with the hardship. He said by not supporting this request, the Board would not be taking away the club, he said that the Board has to look at it from meeting the points of law. He said he agreed with Mr. Reppucci. Mr. Currier said that it used to have the Moose Lodge, and initially thought it would be a good place. He said that he’s observed a lot of children at play, and two back yards right there. He said the late hour of operation does not fit well with the spirit and intent of the ordinance, and it would be a negative impact to property values, and found that the abutter’s testimony is credible. MOTION by Mr. Reppucci to deny the request on behalf of the owner. Mr. Reppucci stated that it is a requirement that the zoning restriction as applied interferes with the landowner’s reasonable use of the property, considering the unique setting of the property in its environment. He said that the Board finds that no such circumstance exists, and the present zoning restriction would not interfere with the landowner’s reasonable use of the property. Mr. Reppucci stated that the Board did not feel that the request met the spirit and intent of the ordinance to allow this club in the GI zone. Mr. Reppucci said that the Boards discussion said that the request would impact the neighbor’s property values, especially until 1:00 am on Thursday, Friday and Saturday nights. Mr. Reppucci said it would therefore be contrary to the public interest. SECONDED by Mr. Williams. MOTION CARRIED UNANIMOUSLY 3-0. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 27, 2010 Page 6 2. 7 Coliseum Avenue Associates (Owner) 7 Coliseum Avenue (Sheet E Lot 760) requesting special exception to expand a nonconforming 101-unit elderly housing development by adding 40 units. GB Zone, Ward 1. Voting on this Case: Jack Currier Ryan Williams Gerry Reppucci Attorney Gerald Prunier, 20 Trafalgar Square, Nashua, NH. Atty. Prunier stated that he is proceeding without a full Board. Atty. Prunier stated that they are proposing to attach an addition onto the existing building. Atty. Prunier said a portion of the existing parking lot in the front will be removed, and there will be a new parking lot in the rear of the existing building. He said it will remain landscaped between the addition and Coliseum Avenue. Atty. Prunier said that an additional forty units of elderly housing will be added, as well as forty new parking spaces. He described the uses in the neighborhood, and identified how they are compatible with the proposed use. He said it is independent housing, the units are like apartments, it is not a nursing home. He said the neighborhood, with its stores and restaurants, is extremely advantageous to this type of living. He said there is a traffic signal, with a striped crosswalk, to assist residents in getting across the street. Atty. Prunier said it is a special exception request, as it is an expansion of a nonconforming use. He went over all the points of law with respect to a special exception. SPEAKING IN FAVOR: Cyndy Taylor, President, Housing Initiatives. Ms. Taylor said they wanted to add some parking in the back of the building so that the current residents don’t have to walk as far, she said they also have an elevator in the building. Mr. Currier asked about any age requirements for residents. Atty. Prunier said they all have to be over age 55. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 27, 2010 Page 7 Ms. Taylor said there is a low income restriction on the existing property, so there are two levels of income for applicants, and there is a nice broad range of incomes that can be served for residents. Mr. Currier asked about the occupancy percentage. Ms. Taylor said this building has the highest number of people on waiting lists, it is virtually always at capacity. She said they are trying to make a green building here, as well. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Currier to grant the special exception on behalf of the applicant. Mr. Currier stated that the use is listed in the table of uses, Section 190-119. He stated that per testimony, the Board has determined that the use will not create undue traffic congestion or unduly impair pedestrian safety. Mr. Currier stated that the use will not overload the public water, drainage or sewer or other municipal systems. He stated that by testimony, the special regulations are fulfilled, the use has been there for twenty years, and this expansion, even though there will be a loss of some green space, it will not be out of character with the neighborhood, or be detrimental to the health, morals or welfare of the residents. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 3-0. 3. Gloria Gaudreau (Owner) Precious Hair Salon (Applicant) 157-159 Pine Street (Sheet 95 Lot 24) requesting use variance to allow a change from a non-conforming daycare to a hair and nail salon. RB Zone, Ward 6. Voting on this Case: Jack Currier Ryan Williams Gerry Reppucci ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 27, 2010 Page 8 Louann Fornataro, Fornataro Architects, 196 Main St, Nashua, NH. Ms. Fornataro said she is doing this request on behalf of her client, Denise Bartholi. She said that she wishes to lease a building from the owner, Gloria Gaudreau. She said the building has a separate address, but it’s on the same lot as Ms. Gaudreau’s house. She said the Gaudreau’s have owned the property since at least 1953. She said a variance was granted in 1955 for a siding and window business until about 1972, and from then, a variance was granted to a daycare/nursery. Ms. Fornataro said the proposed use is a hair and nail salon, so, this request is to change from one nonconforming use to another one. She went over all the relevant points of law for a variance. Mr. Williams asked about the parking spaces. Ms. Fornataro stated that there are five spaces, they have been there the entire time this building has been used for a non- residential use. She said the number of spaces meets the Ordinance. Mr. Williams asked if the three residential parking spaces can also be used for the hair salon. Gloria Gaudreau, 157 Pine Street, Nashua, NH. Ms. Gaudreau said that she owns the property, and the parking spaces may be used for the salon as well. She said there was a sign on the building, too, when the daycare was there, it was unlit. Mr. Falk remarked that the parking areas are the same as they’ve been for decades, and said that what is out there has been working for them, and it should be considered grandfathered. SPEAKING IN FAVOR: Denise Bartholi, 43 Gilman Street, Nashua. Ms. Bartholi stated that, and she’s had the business for eight years. She said that she will be able to keep her clients, and it is within walking distance to many of them. She said this is an ideal place for her, and her clients SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 27, 2010 Page 9 MOTION by Mr. Currier to approve the request for the use variance. Mr. Currier stated that by testimony, all the five criteria for a use variance have been established, and the zoning restriction as applied does interfere with the landowners reasonable use of the property, which is essentially been a commercial business in operation since about 1955, and the proposed use is less intense than the last use, which was there for over a decade, therefore, it’s within the spirit and intent of the ordinance. Mr. Currier stated that he didn’t believe it would adversely affect property values, it may enhance them with a well-run business there. Mr. Currier said he didn’t believe it was contrary to the public interest, and substantial justice is served with this application. SECONDED by Mr. Williams. MOTION CARRIED UNANIMOUSLY 3-0. 4. Association Doucet, Inc. (Owner) Sunsar Towers Northeast, LLC (Applicant) 124 Ridge Road (Sheet B Lot 55) requesting special exception to construct an 180 foot high multi-user monopole communications tower with associated ground support equipment. R18 Zone, Ward 9. CASE WITHDRAWN BY THE APPLICANT WITHOUT PREJUDICE. 5. Dubowik Joint Trust (Owner) 63 New Searles Road (Sheet B Lot 2393) requesting variance to exceed maximum accessory use area, 40% allowed – 64% requested, to construct a detached 30’x40’ garage. R9 Zone, Ward 9. Voting on this Case: Jack Currier Ryan Williams Gerry Reppucci John Dubowik, North Beach Road, Englewood, Fl. Mr. Currier stated that the application was very clear and thorough, and all the Board members visited the site. Mr. Dubowik stated that he ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 27, 2010 Page 10 really needs the storage space, he has the need for the garage to store his vehicles. He said there is a limit of 40% of accessory structure that could be used, and the request is for 64%. He said his lot is about an acre in size. He said the garage would be 30’x40’, actually, all the request is, is to add an extra 15 feet in the back, to meet the ordinance. He said that most all of the abutters will not even see the garage, it is pretty secluded back there, and it is quiet. He said the use of it will be really low. Mr. Reppucci asked if the drawing in their package is what the building will look like. Mr. Dubowik said the envelope is shown as appropriate, and it will be 19 feet tall, and 30’x40’, but the engineering and final design is not decided yet. He said it may have one large door as opposed to two doors. SPEAKING IN FAVOR: No One. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Reppucci to grant the request on behalf of the owner. Mr. Reppucci stated that the variance is needed to enable the applicants proposed use of the property, given the special conditions of the property, and the benefit sought by the applicant cannot be achieved by some other method, per the applicants’ testimony, he wants to house vehicles larger that the allowed garage would allow him to, it’s a very large piece of property, and he’s restricted by the size of the primary structure, and the Board finds this convincing. Mr. Reppucci said it is within the spirit and intent of the ordinance. Mr. Reppucci said it will not adversely impact the property values of surrounding parcels, even though there was no testimony either way on this issue. Mr. Reppucci stated that it is not contrary to the public interest, and substantial justice will be done. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 27, 2010 Page 11 Mr. Reppucci said the special conditions are that the ridge height cannot exceed 19 feet, and it is a one-story structure. SECONDED by Mr. Currier. MOTION CARRIED UNANIMOUSLY 3-0. 6. Robyn E. Landry (Owner) Bonin Construction (Applicant) 9 Galway Road (Sheet B Lot 976) requesting the following: 1) special exception to allow an accessory (in-law) dwelling unit; and the following variances: 2) to exceed maximum size of accessory dwelling unit, 700 square feet allowed – 780 square feet proposed, 3) to exceed the maximum floor area for an accessory dwelling unit, 30% allowed – 32% proposed, and 4) to encroach 15 feet into the 30 foot required rear yard setback. R9 Zone, Ward 8. Voting on this Case: Jack Currier Ryan Williams Gerry Reppucci James Bonin, Bonin Construction, Litchfield, NH. Mr. Bonin stated that they are requesting to build an accessory in-law apartment. He said their parents have lived next door for 46 years, and want to stay in the neighborhood. He said Ms. Landry’s parents walk with a cane, and their mobility is limited, and this move will be ideal for them, and they’ll have a more comfortable life, it will be built off the rear of the existing house. Mr. Currier asked what the impact would be if they try to keep the unit at 700 square feet. Mr. Bonin said they need this space, it will negatively impact the kitchen, bathroom and breezeway width. He said they thought about it a lot, but to meet the needs of the parents, they had to go with the size that is proposed, and couldn’t make it any smaller. Mr. Currier asked if it will have a slab, or a full foundation. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 27, 2010 Page 12 Mr. Bonin stated that it will have a full basement, and it will be one-story. Mr. Williams said that the application had a section missing on the spirit and intent of the ordinance. Mr. Bonin said he was unsure of what to put down. Mr. Falk said they wrote that it didn’t apply, because they felt that what they were asking for had no impact to the spirit and intent, and by having no impact to it, it didn’t apply. SPEAKING IN FAVOR: No One. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Currier to grant the special exception on behalf of the applicant. Mr. Currier stated that the use is listed within the table of uses, Section 190-32. Mr. Currier stated that the use will not create undue traffic congestion, or unduly impair pedestrian safety. He stated that the lot is served by Pennichuck Water, and the drainage and sewer is City sewer, so it will not be overtaxed. He stated that he believed that the special regulations are fulfilled, and didn’t believe that the one-story addition would impair the integrity, or be out of character with the neighborhood. Mr. Currier said that the applicant/owner will abide by the accessory dwelling unit criteria, and they will fill out the affidavit that gets recorded in the Registry of Deeds. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 3-0. MOTION by Mr. Currier to grant the area variances, all taken together, on behalf of the applicant. Mr. Currier stated that by testimony, the variances are needed to enable the applicants proposed use of the property as an in-law, that is 26’x30’. Mr. Currier stated that in this neighborhood, he said it is within the spirit and intent of the ordinance, no testimony one way or ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 27, 2010 Page 13 another, and the Board finds that this case will not adversely affect the property values of surrounding parcels, therefore, it is not contrary to the public interest, and substantial justice is served. SECONDED by Mr. Williams. MOTION CARRIED UNANIMOUSLY 3-0. REHEARING REQUEST: MINUTES: None. REGIONAL IMPACT: The Board did not see any cases of Regional Impact. ADJOURNMENT: Mr. Currier called the meeting closed at 8:33 p.m. Robert Shaw – absent (Mr. Falk wrote the case summaries) Clerk CF Taped Hearing