Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING August 10, 2010 A public hearing of the Zoning Board of Adjustment was held on Tuesday, August 10, 2010 at 6:30 PM in the Auditorium at City Hall. Jack Currier, Chair, conducted the meeting. Members present were: Jack Currier, Chair Rob Shaw, Vice Chair Bob Carlson Ryan Williams Gerry Reppucci Carter Falk, Deputy Planning Manager/Zoning Mr. Currier normally explains the Board's procedures, including the points of law required for applicants to address relative to variances and special exceptions at the beginning of each meeting. However, with only 3 cases on the agenda, the members of the audience waived the reading of the procedures. 1. Jacquie Davidson & Martha Roberts (Owners) 20 Pell Avenue (Sheet 106 Lot 26) requesting special exception to work within the 40-foot critical wetland buffer of Hassels Brook to construct a chain link fence. R9 Zone, Ward 6. Voting on this Case: Jack Currier Rob Shaw Ryan Williams Bob Carlson Gerry Reppucci Gary Flaherty, Wetland Scientist, Hollis, NH. Mr. Flaherty stated that the owners are wishing to install a 6-foot high chain link fence in their back yard, for pet containment. He said about 75% of the rear yard is in the wetland buffer. He said there is no impact to the wetlands at all. He referred the Board to the sketches and pictures that were submitted in the package. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING August 10, 2010 Page 2 Mr. Currier went over all the special regulations, all were answered to the Board’s satisfaction by Mr. Flaherty. SPEAKING IN FAVOR: No One. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Reppucci to grant the special exception request on behalf of the owner. Mr. Reppucci stated that the request is listed in the Table of Uses, Section 190-112. Mr. Reppucci stated that it will not cause undue traffic congestion or unduly impair pedestrian safety. Mr. Reppucci stated that it will not overload any public water, drainage or sewer or any other municipal systems. He stated that all special regulations are fulfilled, they were approved by the Conservation Commission on 7-6-10, and the use will not impair integrity or be out of character with the neighborhood, or be detrimental to the health, morals or welfare of the residents. Mr. Reppucci said the approval includes the 9 Conservation Commission stipulations from their 7-6-10 meeting. SECONDED by Mr. Williams. MOTION CARRIED UNANIMOUSLY 5-0. 2. Silano Partners, LLC (Owners) Marcelina Santos (Applicant) 34-36 Palm Street (Sheet 83 Lot 57) requesting the following variances: 1) to exceed maximum wall sign area, 6 square feet allowed, 58 square feet proposed; and, 2) to exceed maximum number of wall signs, 1 allowed, 2 proposed. RC Zone, Ward 4. Voting on this Case: Jack Currier Rob Shaw Ryan Williams Bob Carlson Gerry Reppucci ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING August 10, 2010 Page 3 Mike McAuliffe, 28 Sioux Avenue, Nashua, NH. Mr. McAuliffe stated that they want to increase signage on the Palm Street and Central Street sides of the building on an awning. He said it’s in the RC Zone, and only 6 square feet of wall sign area is allowed. He said the signage should fit the area, and compliments the building, and should not detract from property values for any other building in the area. Mr. Currier asked if the big red sign on the building wall is permanent or temporary. Mr. McAuliffe said it is a temporary banner. Mr. Currier asked how the area is calculated. Mr. Falk said it is the text on the drip-flap on the awning. He said that one portion is 16 square feet, and the other portion is 42 square feet. He said that a portion of the 42 square feet is a plain white bar on the drip flap, and wasn’t sure if it would have text on it. Mr. McAuliffe said it can be removed, lowering the size of the signage. Mr. Falk said it would be reduced to approximately 44 square feet in size. Mr. Currier asked about all the signage in the windows. Mr. Falk said there are some pull-down white window shades, and some other miscellaneous window text. He said window text cannot exceed 25% of the size of the window area. Mr. McAuliffe said they would comply with the 25% rule for window signage. SPEAKING IN FAVOR: No One. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING August 10, 2010 Page 4 MOTION by Mr. Currier to grant the variance on behalf of the applicant. Mr. Currier stated that the variance is needed to enable the applicant’s proposed use of the property, which is a business in the RC Zone, given the special conditions of the property, and the benefit sought by the applicant cannot be achieved by some other method reasonably feasible for the applicant to pursue, other than an area variance. He said it is an operating business in an urban neighborhood, and is within the spirit and intent of the ordinance. Mr. Currier stated that it will not adversely affect the property values of surrounding parcels, it is not contrary to the public interest, and substantial justice is served. Mr. Currier said the special conditions are that the applicant is aware, and that they will abide by the 25% maximum window signage, and that the signage will be 44 square feet with the white box removed. SECONDED by Mr. Williams. MOTION CARRIED UNANIMOUSLY 5-0. 3. Maxine M. Crooker (Owner) 13 Cheryl Street (Sheet D Lot 107) requesting special exception to work within the 75- foot prime wetland buffer of the Nashua River to construct a 10’x32’ addition onto an existing mobile home, and for the relocation of an existing wood deck to be relocated to an existing concrete pad to service an exterior door on the street side of the home. R9 Zone, Ward 5. Voting on this case: Jack Currier Rob Shaw Bob Carlson Ryan Williams Gerry Reppucci Richard Maynard, Maynard & Paquette, Nashua, NH. Mr. Maynard said the request is to construct a 10’x32’ addition onto the front of an existing mobile home, which would be in the wetland buffer. He said the addition will replace an existing deck, and a new 10’x10’ deck will be built over an existing concrete pad to serve the entrance door to the home. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING August 10, 2010 Page 5 Mr. Maynard stated that the addition will be constructed on sonar tubes, and therefore will have a very minor disturbance into the buffer. He said the net increase in impervious surface is only 48 square feet. Mr. Maynard said that in looking at the aerial photos of the park, there are numerous other decks and additions. He went over all the special exception regulations, and the wetland special regulations as stated in the application, and went over all the Conservation Commission stipulations. SPEAKING IN FAVOR: No One. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Reppucci to grant the special exception on behalf of the applicant. Mr. Reppucci stated that the use is listed in the table of uses, Section 190-112. Mr. Reppucci stated that the use will not create undue traffic congestion or unduly impair pedestrian safety. He stated that the use will not overload public water, drainage or sewer or other municipal systems. He stated that the special regulations are all fulfilled per testimony, the Conservation Commission had seven stipulations of approval as stated in their August 3, 2010 letter. He stated that the use will not impair the integrity or be out of character with the neighborhood, or be detrimental to the health, morals or welfare of residents. SECONDED by Mr. Williams. MOTION CARRIED UNANIMOUSLY 5-0. MISCELLANEOUS: REGIONAL IMPACT: The Board did not see any cases of Regional Impact. REHEARING REQUESTS: ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING August 10, 2010 Page 6 None. MINUTES: July 27, 2010: MOTION by Mr. Currier to approve the Minutes as presented, waive the reading, and place the minutes in the file. SECONDED by Mr. Carlson. MOTION CARRIED UNANIMOUSLY 5-0. BY-LAWS: The Board discussed Mr. Reppucci’s proposed change to the By- Laws, in which Mr. Reppucci went over the instances when there are three members voting, and the implications of a 2-1, or a 2- 2 vote. Discussion ensued, and a motion/vote will be taken in a future meeting. ADJOURNMENT: Mr. Currier called the meeting closed at 8:00 p.m. Robert Shaw, Clerk CF Taped Hearing