Zoning Board of Adjustment
Regular MeetingNashua, NH · November 9, 2010
Minutes
ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING
November 9, 2010
A public hearing of the Zoning Board of Adjustment was held on
Tuesday, November 9, 2010 at 6:30 PM in the Auditorium at City
Hall.
Jack Currier, Chair, conducted the meeting.
Members present were:
Jack Currier, Chair
Ryan Williams
Gerry Reppucci
Bob Carlson
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. City of Nashua, Nashua Airport Authority (Owner) 103
Perimeter Road (Sheet E Lot 60) requesting the following
special exceptions: 1) to work in a prime and “other”
wetland and wetland buffer to relocate and reconstruct
Runway 14-32, and 2) to redevelop land within the
Conservation Zone. AI Zone, Ward 1.
Voting on this Case:
Jack Currier
Bob Carlson
Ryan Williams
Gerry Reppucci
Colleen Mailloux, Gale & Associates, Bedford, NH. Ms. Mailloux
stated that the airport is asking to come into compliance with
Federal Aviation Administration standards. She said there are
basic design standards for airports, based upon the type of air
traffic that uses the facility. She said that the airport is
proposing to relocate the existing runway about 400 feet to the
ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING
November 9, 2010
Page 2
northeast towards Amherst Street, and extend it 150 feet towards
the runway 14 end to the north, and an additional paved area at
the south end of the runway.
Ms. Mailloux said they are filling approximately 11.63 acres of
wetland, a large amount of which is mowed and maintained, and
vegetation removal of approximately 8.91 acres of tree clearing,
which is selective in the approach to the airport. She said all
of the improvements are required by the FAA, and the airport is
currently not in compliance with FAA standards.
Ms. Mailloux said that the request cannot be reasonably
required, as it is required by the FAA. She stated that the
least damaging route and methodology has been selected, and it
is the best practical alternative. She said the project began
in the 1990’s, and in 2008 an environmental assessment was
completed. She stated that the airport has taken every measure
it can to reduce all environmental impacts to avoid impacts to
wetlands.
Ms. Mailloux stated that appropriate measures have been
incorporated, and they have gone through the NHDES and the Army
Corp of Engineers permitting process, and they’ve received a
standard dredge and fill permit from DES, and a Section 404
permit under the Clean Water Act from the Army Corp of
Engineers. They said that appropriate mitigation for this
project is a payment to the NHDES Aquatic Resource Mitigation
Fund, of which the payment is calculated based upon property
values in the City of Nashua the extent of the impact. She said
that the Airport Authority was told that the mitigation is
suitable, and the environmental agencies have agreed that it is
acceptable mitigation.
Ms. Mailloux said the project is necessary for productive use of
adjoining land. She said the cost of the improvements are
approximately 25 million dollars, of which 95% is funded through
the FAA, so federal funding pays this, in order to maintain and
receive these federal funds, the airport is required to be
compliant with federal design standards.
Ms. Mailloux said there are no rare or endangered species, but
there are species that will require mitigation. She said the
best erosion and sedimentation control methods are being used.
She stated that the project will not impair wetland capacity for
wildlife and fishery functions. She stated that he project will
ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING
November 9, 2010
Page 3
not impair the stability of the water body’s bank, either, as
there are no water banks. She stated that the wetland buffer
function of the storage capacity of the wetland will not be
impacted. She said there will be some grading within the
Conservation Zone, about 54,000 sq.ft of turf area that is going
to be regraded to construct the runway safety area. She said
that Pennichuck Water has reviewed the plans for compliance with
storm water management standards, indicating that the project is
in compliance. She said there will be no increase of impervious
area in the Conservation Zone, and all the storm water
management standards are met.
Mr. Williams asked about the alternatives to the mitigation.
Ms. Mailloux said that they began this project about 3-4 years
ago, and they’ve met with the Conservation Commission, and the
Natural Resource Agency Coordination Counsel, a group in Concord
that involves the Army Corp of Engineers, the EPA, DES, and
other agencies in environmental permitting process. She said
that due to the size of this project, the Army Corp of Engineers
and the DES has taken jurisdiction, and the airport is required
to meet their standards for mitigation. She said they like to
look for on-site replication of wetlands. She said that the
difficulty of re-constructing wetlands on airports, is that they
attract wildlife and birds, that are hazardous to aviation
issues, so they try to avoid it.
Ms. Mailloux said the next step is the acquisition of land to be
preserved, or to have off-site restoration of wetlands that have
previously been filled. She said they were advised to stay
within a one-mile square of the airport, around the Pennichuck
and Witches Brook watershed, extending into Hollis. She said
they expanded the area to a 3-4 mile square around the airport,
to give additional areas for preservation. She said the
Conservation Commission identified several parcels that could be
suitable for mitigation as well. She said the parcels for
mitigation have to meet the Army Corp of Engineers standards.
She said the preservation requirements are for 15 acres of land
for each 1 acre of wetland to be disturbed so they’d need about
175 acres.
Ms. Mailloux said they’ve searched all over for land, and they
can only offer fair market value to purchase land, and the FAA
can’t pay over fair market value, and property owners won’t
accept fair market value in this market, so, the preservation
ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING
November 9, 2010
Page 4
prospects of finding 175 acres of land is not possible, to meet
all the standards. She said the responses back were not
favorable, and it looks like it will have to come from an in-
lieu fee payment to an approved program that meets the Army Corp
of Engineers guidelines. She said there is an Aquatic Resource
Management Fund, which is an approved program instrument for
issues like this, so the payment will need to be paid to the
NHDES, it is about two million dollars. She said the money
would be available to cities in the Nashua River Watershed area,
which is a smaller geographical area than the Merrimack River
Watershed area.
Mr. Carlson asked about the weight tolerances for the new
runway.
Erik Strand, Engineer, Gale & Associates, Bedford, NH. Mr.
Strand said it is designed for a G4, about 50,000 pounds.
Ms. Mailloux said a G4 is a large aircraft, which is the
largest, fastest aircraft that can conduct 500 operations, at a
minimum, each year at the airport. She said a G4 is a D2
aircraft, and the airport exceeds this. She said the
improvements are for similar aircraft that are using the
airport.
Mr. Reppucci said that the Conservation Commission is an
advisory Board, and they have great weight. He said the only
time he’d override their recommendation is if he thought they
made a mistake. He said it looks like the Conservation
Commission was concerned about the funding issue, and it didn’t
look like they were confident that the money would be spent in
Nashua, and to have control of where the money would go.
Mr. Currier said he believes they have looked hard at the
mitigation, and said he’s generally not looking to override the
Conservation Commission. He said the rest of the application
looks fine.
Ms. Mailloux said the Airport Authority completely agrees that
the Conservation Commission should be able to determine how the
money should be spent; unfortunately, the airport is subject to
the requirements of the NHDES and the Army Corp of Engineers,
who have dictated that the in-lieu fee payment must be made to
the NHDES program. She said there is no mechanism for a payment
ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING
November 9, 2010
Page 5
to be made to the City of Nashua. She said there’s nothing the
airport can do about this.
Donald Davidson, 71 Browning Avenue, Nashua, NH. Mr. Davidson
stated that he is the Chair of the Airport Authority. He said
the airport is managed and administered by the Authority, but
the airport is owned by the City of Nashua.
Mr. Williams said the payment to the State is dictated by law,
and asked if the City’s legal office could issue a legal opinion
on this.
Ms. Mailloux said it is a federal regulation that dictates where
the payment will be made, but it doesn’t dictate who the check
is written to, there is a federal regulation that it must be
made to an approved program sponsor, and NHDES is the only one
in New Hampshire.
Michael Gallagher, 9 Old Coach Road, Nashua, NH. Mr. Gallagher
stated that he is a member of the Conservation Commission. He
said he was one of the members who voted against the proposal,
and that they are an advisory Board. He said that when the
Commission looked at the proposal, the impact is here in Nashua,
and there is very little vacant land left in the City. He said
they had concerns that if the money was put into this fund, that
Nashua would be put into a cue with every other community in
order to apply for that money. He said the mitigation is a
hierarchy, to recreate the disruption. He said the issue that
the Commission had was that in regard to that, it is required by
law, that if that is the option they are going to use, the in-
lieu cash donation, that a public meeting be held. He said that
the Commission was not notified of that public hearing until
after it took place. He said that they believe that the
mitigation should take place in Nashua.
SPEAKING IN FAVOR:
Donald Davidson, 71 Browning Avenue, Nashua, NH. Mr. Davidson
said he understands the principle behind the Conservation
Commission’s ruling. He said they had no ability to look
forward to this money coming to them to manage. He said the
Airport Authority offered whatever they can do to encourage that
to happen, but the regulations are pretty strict. He said the
DES is going to look hard, and not listen to the concerns
expressed by the Conservation Commission, however, in the
ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING
November 9, 2010
Page 6
timeline, there have been scores of boxes checked off, over
years, and the money has been allocated as federal money, about
23 million dollars, it’s the largest general aviation project in
the United States. He said we can’t risk having the project
fail.
Mayor Donnalee Lozeau. Mr. Currier read a letter written by the
Mayor into the record, dated November 9, 2010, indicating her
support of the runway expansion project and the Special
Exceptions applied for.
Royce Rankin, Airport Manager. Mr. Rankin said that they have
been mandated by the FAA, to improve all safety areas, as there
were two accidents where aircraft went off the surface, and the
safety areas didn’t support the aircraft. He said the project
will protect lives and property. He said they need to move the
runway three hundred feet to the northeast, towards the railroad
tracks.
Chris Williams, President, Nashua Chamber of Commerce. Mr.
Williams said he is speaking in favor from a business
perspective. He said it’s not just leisure flights at the
airport, there are many local executives who use the airport on
a regular basis. He said a thriving airport is vital to the
City’s economic success, for national and global access. He
said the runway is in need of repair, and it will hurt the
airports viability. He said a vote in favor of this request is
not to disenfranchise the Conservation Commission, as it has a
different purpose, and criteria for approval.
David Heath, 7 Casey Circle, Nashua, NH. Mr. Heath said he is
in favor of this proposal, it will not bring in more, or larger
planes. He said he owns a business at the airport, and his
company gets great visibility from the airport. He said he is
also involved with the Chamber of Commerce, and applauded the
Conservation Commission for their efforts.
Fred Britton, Vice Chairman, Nashua Airport Authority. Mr.
Britton said it’s important to know that the Authority has
diligently been saving for this project, and has over one-half
million dollars ready to be spent on the project. He said for
safety reasons, it is very important that this project moves
forward.
ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING
November 9, 2010
Page 7
Bob DeMayo, 14 Bayberry Court, Bedford, NH. Mr. DeMayo said he
owns an aircraft, and is president of a condo association, and
directs flight operations for Kollsman. He said the runway is
in a state that has to be repaired, and it needs to be moved.
Greg Leeson, Hollis, NH. Mr. Leeson said he represents Infinity
Aviation. He said they are in interface between the airport and
the general public, with flight training. He said he is
committed to promotion of the airport, and said that the
maintenance of the airport, and the replacement of the runway is
extremely important to solidify the airport’s presence in
Nashua.
Shane McLaughlin, Brookline, NH. Mr. McLaughlin said he’s been
flying out of this airport for about 40 years. He said they
own, develop and lease numerous facilities at the airport. He
said the health and vitality of the airport is essential to the
long term vitality of the City of Nashua. He said the runway is
in serious need of repair, and showed pictures of the runway.
SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS:
Pauline Lones, 1 Lear Drive, Nashua, NH. Ms. Lones said she
lives within 500 feet of the airport, across the street from the
Fire station. She said there’s been a lot of changes at the
airport, and can never have her windows open, and said her
property values are going down due to the airport.
Robert Corsetti, 17 Massasoit Road, Nashua, NH. Mr. Corsetti
stated that he is an abutter, and is concerned about property
values, with the noise and large jets. He said their plan does
not take the neighbors into consideration.
SPEAKING IN FAVOR – REBUTTAL:
Colleen Mailloux, Gale and Associates. Ms. Mailloux said the
runway relocation will be 300 feet closer to Amherst Street, and
as part of the environmental aspect, done back in 2008, a noise
impact study was done, and they are moving the noise contours of
the airport away from the residential neighborhoods, and they
will be closer to Amherst Street. She said the airport won’t be
experiencing an increase in operations, and there won’t be any
increase on City utilities. She said this is a safety
enhancement project.
ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING
November 9, 2010
Page 8
SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS – REBUTTAL:
Pauline Lones, 1 Lear Drive, Nashua, NH. Ms. Lones said that
one of the mitigation items is that the residents in the area
are to be contacted, and questioned the process. She also asked
if the plan goes through, how will the construction affect her,
and who can she contact about it.
MOTION by Mr. Currier to waive the rules to allow testimony from
the applicant.
SECONDED by Mr. Reppucci.
MOTION CARRIED UNANIMOUSLY 4-0.
Ms. Mailloux stated that they contact property owners of nearby
properties, but it’s generally smaller, vacant lots.
MOTION by Mr. Currier to grant the special exception
applications on behalf of the applicant. Mr. Currier stated
that the special exception is listed in the Table of Uses,
Section 190-112 and 190-24 (f)(5). Mr. Currier stated that the
runway relocation will not create undue traffic congestion or
unduly impair pedestrian safety, per testimony, Pine Hill Road
is busy, but stated that the relocation should not have a
substantial impact to make it worse.
Mr. Currier said the Board finds that the case will not overload
public water, drainage or sewer or other municipal systems, per
testimony, it will actually create less stormwater runoff to
Spectacle Brook, which at times can flood, and slow the runoff
into our watershed, so it’s improving the stormwater runoff.
Mr. Currier said that the nine special regulations were
discussed at length, and stated that he believes that they’ve
all been satisfied, and back some years ago, with the different
choices that the airport had, this choice to move it in this
fashion is the best alternative, granted, it fills eleven-plus
acres of wetlands, but all nine criteria are fulfilled, and to
relocate the runway closer to the railroad will not impair the
integrity or be out of character with the neighborhood, and it
gets it further away from the residential area. He said he
wishes they could tie the ARM fund to insure that the money is
spent in this watershed, but the Board doesn’t have the
authority to do that.
ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING
November 9, 2010
Page 9
SECONDED by Mr. Williams.
Mr. Reppucci said the Conservation Commission meeting minutes of
October 19, 2010 and November 3, 2010 should be incorporated.
AMENDED MOTION by Mr. Currier to include these previous
Conservation Commission meeting minutes into the record.
SECONDED by Mr. Reppucci.
MOTION CARRIED 3-1 (Mr. Reppucci).
REHEARING REQUEST:
1. Shane R. & Kristi Tumpney (Owners) James Ducharme
(Applicant) 32½ - 36 Summer Street (Sheet 44 Lot 78)
requesting the following variances: Proposed Lot 1: 1)
minimum lot area, 18,666 square feet required - 17,395
square feet proposed, 2) to allow two principal structures
on one lot, one permitted, 3) minimum lot frontage, 50 feet
required - 20 feet proposed, 4) minimum lot width, 60 feet
required – 20 feet proposed; Proposed Lot 3: 5) minimum lot
width, 60 feet required, 50 feet proposed; and Proposed Lot
4: 6) minimum lot width, 60 feet required, 50 feet
proposed. RB Zone, Ward 3.
Voting on this Case:
Jack Currier
Bob Carlson
Gerry Reppucci
Ryan Williams
Mr. Currier asked if anyone saw a procedural error, such as
improper notice, or denying anyone the right to be heard.
Board members all said no.
Mr. Currier asked if the decision was illegal, and if the Board
failed to completely address each point of law.
Board members all said no.
ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING
November 9, 2010
Page 10
Mr. Currier asked if the request for rehearing contains any new
information not presented or available at the original Public
Hearing.
Mr. Currier said that Exhibit B wasn’t in the original package.
Mr. Williams said these used to be two separate tax parcels, and
at some point, the City joined them together. He said this
wasn’t before us at the original meeting, even though the issue
was touched upon.
Mr. Currier said he didn’t believe that the applicants’ attorney
had this information at the meeting.
Mr. Reppucci said it wasn’t the applicant that had this
information, it was the property owner. He said the attorney
was representing the builder.
Mr. Falk said that there were six variances in the request, and
four of them were approved. He said the two that were not
approved were for the lots with frontage on Kendrick Street. He
said that for Exhibit B, the Board will have to determine if it
is relevant enough to grant a rehearing.
Mr. Currier asked if there is anything which would/could cause
the Board to make a different decision.
Mr. Williams said there was a lack of a nexus between the actual
evidence as being offered as hardship, in what was being
proposed. He said the new map, or a narrative may help in
changing his mind.
Mr. Currier said he is not convinced it would change his mind,
but would be amenable in allowing the applicant to present their
information, and it would allow abutters the chance to comment
again.
Mr. Reppucci said he thought that mistakes were made, but didn’t
agree that the Board should just err on the side of caution. He
said if the Board thinks there may be a different outcome, then
the Board should consider a rehearing for that reason.
MOTION by Mr. Williams to grant the rehearing on behalf of the
applicant. Mr. Williams stated that it is granted based on new
ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING
November 9, 2010
Page 11
evidence that could potentially cause the Board to reconsider
its decision.
SECONDED by Mr. Currier.
Mr. Reppucci asked if it is to be reheard in its entirety, the
two denials in their entirety.
Mr. Currier said yes.
Mr. Falk said variance numbers 5 and 6.
Mr. Reppucci said he’d like to rehear them for different
reasons.
Mr. Williams said we can make a motion to rehear without
specifically saying it’s for a specific reason.
Mr. Reppucci said the rehearing request has 12 issues.
Further discussion ensued.
MOTION CARRIED UNANIMOUSLY 4-0.
AT THIS POINT, THE BOARD WENT BACK TO THE PUBLIC HEARING PORTION
OF THE MEETING.
2. David McCullough Revocable Trust (Owner) 237 Main Dunstable
Road (Sheet E Lot 1502) requesting the following variances:
1) minimum lot area, 30,000 square feet required, 20,751
square feet proposed; and, 2) minimum lot width, 120 feet
required, 50 feet proposed – both requests to subdivide one
lot into two lots. PI Zone, Ward 5.
Voting on this Case:
Jack Currier
Bob Carlson
Gerry Reppucci
Ryan Williams (left the meeting)
Attorney Greg Michael, Bernstein Shur, Manchester, NH. Atty.
Michael stated that he objects to going forward with three
voting members, but will proceed forward.
ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING
November 9, 2010
Page 12
Atty. Michael asked if the variance for lot width was advertised
correctly, he stated that he believed they had 90 feet instead
of 50 feet.
Mr. Currier said the lot width is measured at the front yard
setback, which is actually 50 feet.
Atty. Michael said the parcel is approximately 75,000 square
feet in size, it is an odd shaped lot. He said the proposal is
to subdivide off an area which contains the cell tower in the
rear of the lot. He said the Winco industrial building lot
would remain a conforming lot. He said the lots would have two
disparate uses, and the tower lot would only need parking for
one vehicle. He said there will not be a need for any site
changes, it will still look the same, and will not alter the
character of the neighborhood.
Atty. Michael went over the variance points of law. He said
they are maintaining sufficient setbacks as well, and the lots
will allow for safe, rational use of the land. He said the uses
are passive.
Mr. Reppucci asked how long the tower has been there.
Atty. Michael said about 10-12 years, and the building has been
there much longer.
Mr. Reppucci asked what the reason is for doing this
subdivision.
Atty. Michael said that the current tenant has an interest in
buying the Winco industrial building, and they don’t want to be
involved with the tower site, and it makes it easier in the
banking and financial dealings in the future, and allows greater
flexibility.
Atty. Michael said that a condition could be attached that if
the cell tower goes away, that the lot it is on must be re-
integrated with this parcel. The lots would just be merged
together.
Mr. Reppucci asked if the cell tower meets the requirements of
Section 190-38, separate from the lot requirements, just the
structure requirements.
ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING
November 9, 2010
Page 13
SPEAKING IN FAVOR:
No One.
SPEAKING IN OPPOSITION, OR WITH QUESTIONS OR CONCERNS:
No One.
Mr. Reppucci said the tower needs to be greater than its height,
or 100 feet from all lot lines, 190-38 (2). He said it’s to the
residential lot lines.
Atty. Michael said there is no residential lot line here.
Mr. Currier agreed.
Atty. Michael said that the tower is existing, and meets all of
its setbacks.
Mr. Currier said he is concerned with creating a nonconforming
lot.
Mr. Reppucci said the tower has been there for at least 12
years. He said the request sounds reasonable. He said that
nothing changes, and the structures stay right as they are, and
it will still look the same, and it’s an unreasonable hardship.
He said if they sell the property, and start adding onto the
buildings, then it would be a change in circumstances.
Mr. Reppucci said he’d like to see a stipulation that the
building that is presently there does not get expanded.
Atty. Michael said there could be a covenant in the deed, a deed
covenant, that would state that if the tower goes away, its to
be deeded and consolidated with this parcel, likewise, if this
changes hands and we sell it to the Winco people, they will
understand that if the towers go away, that there will be a
requirement to merge the parcels, and this would be recorded at
the Registry of Deeds, that would be picked up in a Title. He
said that this is binding on future owners.
MOTION by Mr. Reppucci to grant the variances on behalf of the
applicant. Mr. Reppucci stated that the variance is needed to
enable the applicant’s proposed use of the property, given the
special conditions of the property, and the benefit sought by
ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING
November 9, 2010
Page 14
the applicant cannot be achieved by some other method reasonably
feasible for the applicant to pursue, other than an area
variance.
Mr. Reppucci stated that the use is within the spirit and intent
of the ordinance, and will not adversely affect the property
values of surrounding parcels, it is not contrary to the public
interest, it’s appearance will be transparent, and substantial
justice will be done.
Mr. Reppucci said a special condition will be that there will be
a deed covenant on the tower property, that if the use of that
property changes in any way, if the tower goes away, it would
have to be merged, or conveyed, to the owner of the other
property, as identified in the language that Attorney Michael
used.
SECONDED by Mr. Currier.
MOTION CARRIED UNANIMOUSLY 3-0.
REHEARING REQUESTS (CONTINUED FROM EARLIER):
2. Roman Catholic Bishop of Manchester (Owner) Randy Turmel
(Applicant) 65 Pine Hill Road (Sheet E Lot 2223) requesting
the following: 1) use variance to allow elderly housing in
the AI District portion of the property, consisting of
single family detached units and two duplex units for a
total of up to twelve units in the AI District; and, 2)
variance to permit up to four elderly housing dwelling
units per acre in the AI District portion of the property.
AI & R9 Zones, Ward 1. (FROM 9-28-10 PUBLIC HEARING)
Voting on this Case:
Jack Currier
Gerry Reppucci
Bob Carlson
Mr. Reppucci stated, in reference to Mr. Davidson’s letter, that
his position is that they don’t have standing in this matter, or
a legal right to request a rehearing. He stated this because
standing only exists when relevant factors lead the plaintiff,
which is the Airport Authority, has a sufficient interest in the
outcome of the proposed zoning decision, where the only adverse
ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING
November 9, 2010
Page 15
impact that may be felt by the plaintiffs is that of increased
competition of the business, and there is no insufficient harm
to entitle the plaintiffs standing for appeal. He said the
Airport Authority doesn’t stand to lose anything with this
approval, and they’d have to be harmed in some way that is
different from everybody else.
Mr. Currier said he disagrees, and that they do have direct
standing. He said abutters will be bothered by noise from
aircraft.
Mr. Carlson said he didn’t believe that they have standing
either, and that 65 Pine Hill Road is not a direct abutter to
the site.
Mr. Falk said that anyone can ask for a rehearing, it’s up to
the Board to decide whether or not they have standing, it
doesn’t necessarily have to be an abutter, it can be an
aggrieved party, and the Airport believes they’re aggrieved by
this decision.
Mr. Reppucci said that an applicant has to show that they’re
aggrieved in a unique way, he said he doesn’t see how they are,
and they’re not an abutter.
Mr. Currier said this is the first residential, as opposed to
airport industrial path, as you follow the flight path out, and
believes that they are uniquely impacted, and have the right to
be aggrieved.
MOTION by Mr. Reppucci to deny the rehearing request, based on
the fact that the applicant for the rehearing has standing in
the case.
SECONDED by Mr. Carlson.
MOTION CARRIED 2-1 (Mr. Currier).
MINUTES:
October 12, 2010, and October 26, 2010
MOTION by Mr. Currier to approve the Minutes, waive the reading,
and place the minutes in the file as presented.
ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING
November 9, 2010
Page 16
SECONDED by Mr. Reppucci.
MOTION CARRIED UNANIMOUSLY 3-0.
REGIONAL IMPACT:
The Board did not see any items of Regional Impact.
ADJOURNMENT:
Mr. Currier called the meeting closed at 10:20 p.m.
Jack Currier, Acting Clerk, for Robert Shaw, Clerk
CF
Taped Hearing
Agenda
City of Nashua
Planning & Zoning 603 589-3090
Planning Department Fax 603 589-3119
229 Main Street WEB www.nashuanh.gov
Nashua, New Hampshire 03061-2019
October 18, 2010
The following is to be published on ROP October 30, 2010,
under the Seal of the City of Nashua, Public Notice Format
65 MP 51.
Notice is hereby given that a Public Hearing of the City of
Nashua Zoning Board of Adjustment will be held on Tuesday,
November 9, 2010, at 6:30 PM at the Nashua City Hall
Auditorium, 3rd floor, 229 Main Street.
1. City of Nashua, Nashua Airport Authority (Owner) 103
Perimeter Road (Sheet E Lot 60) requesting the
following special exceptions: 1) to work in a prime
and “other” wetland and wetland buffer to relocate and
reconstruct Runway 14-32, and 2) to redevelop land
within the Conservation Zone. AI Zone, Ward 1.
2. David McCullough Revocable Trust (Owner) 237 Main
Dunstable Road (Sheet E Lot 1502) requesting the
following variances: 1) minimum lot area, 30,000
square feet required, 20,751 square feet proposed;
and, 2) minimum lot width, 120 feet required, 50 feet
proposed – both requests to subdivide one lot into two
lots. PI Zone, Ward 5.
OTHER BUSINESS:
1. Review of Motion for Rehearing:
1. 65 Pine Hill Road
2. 32½ - 36 Summer Street
2. Review of upcoming agenda to determine proposals of
regional impact.
3. Approval of Minutes for previous hearings/meetings.
"SUITABLE ACCOMMODATIONS FOR THE SENSORY IMPAIRED
WILL BE PROVIDED UPON ADEQUATE ADVANCE NOTICE."
Get email alerts for Nashua
A daily email when new agendas and minutes are posted.