Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING October 12, 2010 A public hearing of the Zoning Board of Adjustment was held on Tuesday, October 12, 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 Ryan Williams Gerry Reppucci 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. 1. Southern New Hampshire Medical Center (Owner) 17 Prospect Street (Sheet 18 Lot 4) requesting variance for minimum open space, 35% required - 20.8%, to allow for building renovations/additions. RC Zone, Wards 4 & 7. Voting on this Case: Jack Currier Rob Shaw Ryan Williams Gerry Reppucci Attorney Gerald Prunier, Prunier & Prolman, 20 Trafalgar Square, Nashua, NH. Atty. Prunier stated that the property is the old YMCA. He said a portion of the building will be torn down, and the remainder will be renovated. He said parking will be added where the building will be removed, and the area will be re- landscaped. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING October 12, 2010 Page 2 Atty. Prunier said the request is a variance for open space. He handed out some drawings to the Board. He said the new use is for a medical office building. He said the surrounding areas on at least three sides is either zero open space required, or in the GI district, 10%. He said in the RB district, it’s 35%. He said most of the buildings in the general area are medical uses. He said there will be significant landscaping all around the building and parking lot. Atty. Prunier said the building renovations will not be out of character with the neighborhood, and most of the buildings nearby are owned by the hospital. He said it is within the spirit and intent of the ordinance, and will not negatively impact property values. Mr. Reppucci asked about the building height after the renovations. Atty. Prunier said the height of the building will not increase, it will stay the same. He said the current gymnasium will be made into two floors, but it won’t change on the outside. He said that an elevator will be put into the building. Mr. Reppucci asked about the proposed volume of cars as compared to the previous use of the building. Atty. Prunier said it should be a little bit less, and the hospital has parking lots nearby in various areas, so employees can park there, and the on-site parking lot can be used by the public. Mr. Reppucci asked if the use will be more intense than the previous use. Atty. Prunier said they have office buildings around the whole area, and feels that the request will be adequate. He said the use will be less intense, as some of the building will be taken down, and the cars will be taken off the street, and will be in the parking lot. Mr. Currier asked what will be going on at the corner of Bowers Street and Harbor Avenue. Atty. Prunier said there will be a couple of parking spaces, and it will be landscaped. He said loading takes place there, too. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING October 12, 2010 Page 3 Mr. Currier asked about the hours of operation. SPEAKING IN FAVOR: Scott Cote, Vice President of Facilities, SNHMC, 8 Prospect Street, Nashua, NH. Mr. Cote said that the corner area isn’t really a loading dock per se, it is a service area with a dumpster. He said the hours of operation are consistent with the medical office hours are at 10 Prospect Street, generally 7:00 a.m. to 6:00 p.m. for normal staff traffic. He said the YMCA used to have programs that could run to 9:00 p.m. or 10:00 p.m. at night, which led to more intensive parking, the proposed use will be less intensive for parking, and it’s Monday through Friday. Mr. Currier asked if the stormwater will be treated on-site. Jim Petropulos, Hayner Swanson, Inc., 3 Congress Street, Nashua, NH. Mr. Petropulos stated that Prospect is higher, and slopes down. He said the through connection in the parking lot is flat, it is parallel to the building. He said they are required not to increase runoff coming off the site, and they have come up with an urban solution, so the parking will have curbing and catch basins, and get it into a mechanical device treatment chamber that removes grit, oil and sediment. He said all the drainage will be much less with the proposed plan. Mr. Currier asked if there is a helipad proposed. Atty. Prunier said no. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Currier to grant the variance application 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 medical center, and removing some of the building and having primarily on-site parking which results in the 20.8% open space. Mr. Currier said the plan is within the spirit and intent of the Ordinance, it is an RC zone, but the YMCA was there for many ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING October 12, 2010 Page 4 years, and it hasn’t been residential, probably pre-dating zoning. Mr. Currier said it will not adversely affect the property values of surrounding parcels, per testimony, it will actually enhance surrounding parcels because the property will be less intense. Mr. Currier said the request is not contrary to the public interest, and substantial justice is approved. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 4-0. 2. Jonathan & April Claggett (Owners) Skillcraft Construction (Applicant) 31 Lincoln Avenue (Sheet 8 Lot 21) requesting variance to encroach 3 feet into the right side yard setback to construct a second story addition. RA Zone, Ward 7. Voting on this Case: Jack Currier Rob Shaw Gerry Reppucci Ryan Williams Stew Tardif, Skillcraft Construction, 36 Barretts Hill Road, Hudson, NH. Mr. Tardif stated that the house is already encroaching into the setback already. He said they are taking the roof, and raising it up about eight feet. He said it wouldn’t be above the existing roof lines, and they are gaining space for a young family. Mr. Currier asked if the walls are just going to be brought up from the first to the second story. Mr. Tardif said yes, the space is existing as a closet to get to the back bedroom. He said it’s essentially just a hallway to get to the back bedroom. He said it’s low headroom walking through it, now, and the proposal would raise the roof up eight feet on both sides to make it a useable room, and eventually, put a bathroom up there. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING October 12, 2010 Page 5 SPEAKING IN FAVOR: No One. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Currier to grant the area variance on behalf of the applicant. Mr. Currier stated that the variance is needed to enable the applicant’s proposed use of the property, given the special conditions of the property, which is that this is an old structure, that is already built within the setback, and the proposal to build a second floor in the middle portion of the house, or to enlarge the second floor in this section of the house to match the walls of the first floor below it, is a special condition of the property, and it’s in the setback. Mr. Currier said that the request is within the spirit and intent of the ordinance to grant the variance. He stated that there was no professional testimony, and the Board finds that it will not adversely affect other properties surrounding the house, and it is not contrary to the public interest, and substantial justice is served. SECONDED by Mr. Williams. MOTION CARRIED UNANIMOUSLY 4-0. 2. Reginald Pepin & Laura Boucher (Owners) 32A Haines Street (Sheet 13 Lot 50) requesting special exception for a major home occupation for an in-home day care for six children. RB Zone, Ward 7. Voting on this Case: Jack Currier Rob Shaw Gerry Reppucci Ryan Williams Laura Boucher, 32A Haines Street, Nashua, NH. Ms. Boucher stated that they are looking for a license to watch six children in their home. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING October 12, 2010 Page 6 Mr. Currier asked about the hours of operation. Ms. Boucher stated that it will be 7:30 a.m. to 5:00 p.m., Monday through Friday. She said there are two parking spaces available, but three cars could fit there. Reginald Pepin, 32A Haines Street, Nashua, NH. Mr.Pepin said there are three parking spaces. He said during the day, there’s only one car there. Mr. Williams asked if they want to be open a little bit later, as most people get off work at 5:00 p.m. Mr. Pepin said his wife watches three other children at the moment, and they are the neighbor’s kids. Mr. Reppucci asked about the City regulations for a day care. Mr. Pepin said they are aware of them, and are working with the State, and will be in compliance with all requirements. Mr. Currier went over the child care code sections with the applicant. Mr. Pepin answered the questions to the Board’s satisfaction. 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 owner. Mr. Reppucci stated that the use is listed in the Table of Uses, Section 190-36B. Mr. Reppucci stated that the use will not create undue traffic congestion, or unduly impair pedestrian safety. He stated that it will not overload public water, drainage or sewer or other municipal systems. Mr. Reppucci stated that all the special regulations are fulfilled, all six of them. He said the use will not impair the integrity or be out of character with the neighborhood, or be ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING October 12, 2010 Page 7 detrimental to the health, morals or welfare of residents, by testimony, the neighbors are in favor of it. Mr. Shaw suggested adding a stipulation about the hours of outside play activity to be before 9:00 a.m. Mr. Falk said the Ordinance states that it can’t be before 9:00 a.m. SECONDED by Mr. Currier. Mr. Currier said in looking at the Ordinance, Section 190-36D, it restricts the outdoor play time. AMENDED MOTION by Mr. Reppucci, stating that it’s fine to add it into the motion, that the applicant will conform to those hours of operation of outside play. AMENDMENT TO THE MOTION SECONDED by Mr. Currier. MOTION CARRIED UNANIMOUSLY 4-0. 4. Homes by Paradise, Inc. (Owner) 63 Manchester Street (Sheet 65 Lot 238) requesting special exception to allow a two- family dwelling unit. [previously approved by the ZBA on 12-6-05] RA Zone, Ward 3. Voting on this Case: Jack Currier Rob Shaw Gerry Reppucci Ryan Williams Attorney Jeff Zall, 221 Main Street, Nashua, NH. Atty. Zall said that the applicant purchased the property in February of this year, and were told that the lot was buildable for a two- family lot, and the MLS listing had it as a single-family or a duplex. He said that Homes by Paradise initially decided to build a single-family house on the lot, and built it as a spec house. He showed pictures of the house to the Board. Atty. Zall said the couple that was going to buy the house wanted an efficiency apartment above the garage. He said the builder built a 320 square foot efficiency apartment above the ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING October 12, 2010 Page 8 garage. He said in August, a stop-work order was issued, because it was determined that the lot was not a two-family lot. He said they revised the building plans, and then removed the stove circuit, and then the Building Department rescinded the stop-work order, and the house was built, but not with the efficiency apartment above the garage. Atty. Zall said in 2005, the lot was a 41,000 square foot lot, that had a two-family home on it. In August, 2005, the owner subdivided it into two lots, one of which was 7,900 square feet. At that time, the owner wanted to build a two-family house, and move into it. He said that a lot-line relocation was done in October, 2005, increasing the lot size to 11,250 square feet, and the Ordinance at that time required a 10,500 square foot lot, so it met the size requirements for a two-family lot. Atty. Zall said on December 6, 2005, the ZBA approved a special exception for a two-family, and it was extended again in 2006 and 2007. Atty. Zall said in 2008, a building permit was approved to build a two-family on the lot, but it never got built. He said eventually, the special exception expired. Atty. Zall said that the 2005 Ordinance applies here, as RSA 674:39 provides that there is a 6-year grandfathering of lots that are created in a subdivision from changes in the Zoning ordinance, therefore, the subdivision was approved in 2005, and the Ordinance applies that extends the grandfathered lot status for this lot. He said the lot size is grandfathered, but not the special exception for the two-family. He said under the new Ordinance, they’d need over 14,000 square feet. Atty. Zall said the owner has a son in college, but will be out soon, and they want the option to rent it out. Peter Paradise, Homes by Paradise, 12 Murphy Drive, Nashua, NH. Mr. Paradise said when the owner came along, they were interested in doing an efficiency above the garage, so the permit was upgraded to put plumbing, wiring and a bathroom up there, and heat. Mr. Reppucci asked if the unit needs a separate meter. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING October 12, 2010 Page 9 Mr. Paradise said yes, it will have a separate electrical meter, but there is not a separate meter on the outside of the home. Mr. Currier asked if they are looking for an in-law apartment. Atty. Zall said it is one room, 320 square feet, with a bathroom and living space all together. Mr. Currier asked if they really want an in-law apartment. Atty. Zall said after the owners son is out of college, they want the ability to rent it out as an efficiency apartment for rental purposes. Mr. Williams said he shares the concerns from the lone dissenter from 2005, but would get past that if the building is just an efficiency, and is just as it stands, and it looks like a single-family unit. He said he didn’t want to see it expanded. Atty. Zall said they’d agree to a stipulation that there would be no expansion, without coming back to this Board. He said the second dwelling unit would remain as it is. Atty. Zall went over all the special exception points of law. He said that the Ordinance does allow two-family structures in this zone as a special exception. SPEAKING IN FAVOR: No One. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Williams to grant the special exception on behalf of the applicant. Mr. Williams stated that the use is listed in the Table of Uses, Section 190-36 B. Mr. Williams stated that the use will not create undue traffic congestion or unduly impair pedestrian safety. He stated that it will not overload public water, drainage or sewer or other municipal systems. Mr. Williams stated that the special regulations, per the testimony, are not applicable, and the proposed use will not impair the integrity or be out of character with the ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING October 12, 2010 Page 10 neighborhood, or be detrimental to the health, morals or welfare of residents. Mr. Williams stated that the decision is based upon the fact that the building is already constructed, and as such, are placing stipulations of approval that the property will remain as constructed, and the additional unit will be 320 square feet, with no extension or expansions will be made, and that the property will comply with all building code regulations, especially with those of separate metering of two-family units. SECONDED by Mr. Reppucci. MOTION CARRIED 3-1 (Mr. Currier) REGIONAL IMPACT: The Board did not see any items of Regional Impact. REHEARING REQUESTS: None. MINUTES: September 21, 2010: MOTION by Mr. Currier to approve the Minutes, waive the reading, and place them on file. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 4-0. ADJOURNMENT: Mr. Currier called the meeting closed at 8:03 a.m. Robert Shaw, Clerk CF Taped Hearing