Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING December 14, 2010 A public hearing of the Zoning Board of Adjustment was held on Tuesday, December 14, 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 Carter Falk, AICP, Deputy Planning Manager/Zoning Mr. Currier briefly explained the Board's procedures, normally, rules of the meeting are read into the record, but said that the rules are included in the application, and the applicant was aware of that. 1. Arthur L. Pare (Owner) 53 Monroe Street (Sheet 103 Lot 84) requesting variance to encroach 7 feet into the 7 foot required right side yard setback to construct a 14’x16’ addition. RB Zone, Ward 6. Voting on this case: Jack Currier Ryan Williams Gerry Reppucci Ricky Michaud, 15 Crown Street, Nashua, NH. Mr. Michaud said he is the contractor. He said the addition will encroach into the right side yard setback up to seven feet. He said it will be a 232 square foot addition, a 14’x16’ wood framed attached structure. Mr. Michaud said the purpose of the addition is for a handicapped bathroom and bedroom. He said one of the owners is coming into full-time wheelchair use. He said the addition is going in the only logical place it can go, due to the way the house is arranged, and its accessibility and layout. Mr. Michaud went over all the variance points of law, to the ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING December 14, 2010 Page 2 satisfaction of the Board. Mr. Currier asked about the footings. Mr. Michaud said only one corner of the foundation would be right at the property line. He said that some of the digging would be in the neighbor’s yard, but they are supportive of the request. He said that the house pre-dates zoning. SPEAKING IN FAVOR: Tom Deering, 51 Monroe Street, Nashua, NH. Mr. Deering said he has no issues with the proposal, and is in favor. A fence would have to be taken down. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Currier to grant the variance request 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 handicapped equipped bathroom. Mr. Currier said it is within the spirit and intent of the ordinance, because it’s a pre-existing hardship on the land, and the old foundation is built right up to the property line, so this isn’t a further encroachment, it’s just matching an encroachment that is already there. Mr. Currier said that he concurs with the testimony given tonight, it a relatively densely packed neighborhood, and some of the other homes are right up to the property line, and the Board finds that the property values of surrounding parcels will not be affected. Mr. Currier said the request is not contrary to the public interest, and substantial justice is served to allow this request. SECONDED by Mr. Williams. MOTION CARRIED UNANIMOUSLY 3-0. MISCELLANEOUS: ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING December 14, 2010 Page 3 Mr. Currier said that the 2011 meeting dates have been submitted, and the Board can amend any of these dates if necessary. Mr. Reppucci stated that at a recent Board of Aldermen’s meeting, there was a discussion about having the Zoning Board meet on a night where it doesn’t conflict with the Board of Aldermen’s meeting nights. Mr. Falk identified some of the logistical issues that would have to be satisfied to consider changing meeting nights. Mr. Reppucci said it would be good to check with Ald. McCarthy about this. Mr. Currier said he could check with Ald. McCarthy about changing the dates. REGIONAL IMPACT: Mr. Falk said the application deadline was today for the first meeting in January 2011, therefore, the new agenda hasn’t been finalized. He said there are a couple cases, and didn’t see anything that would be considered as regional impact. ELECTIONS: Mr. Currier said he’d be interested in serving as Chairman again. Mr. Reppucci said the Board should have all the members present to go over the officers for 2011. Mr. Currier said that would be a good time to go over any By- Laws changes too, once we have a full Board present. Mr. Reppucci said we should just leave everything as status quo right now, until we have a full Board. MINUTES: 11-23-10 MOTION by Mr. Currier to approve the minutes, waive the reading, and place the minutes in the file. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING December 14, 2010 Page 4 SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 3-0. REHEARING REQUESTS: None. ADJOURNMENT: Mr. Currier called the meeting closed at 6:57 p.m. Mr. Currier, Acting Clerk, for Robert Shaw, Clerk CF Taped Hearing