Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING February 22, 2011 A public hearing of the Zoning Board of Adjustment was held on Tuesday, February 22, 2011 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 Bob Carlson Carter Falk, AICP, 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 (which is currently not working). 1. J & C Realty Trust (Owner) Barlo Signs for the Nashua YMCA (Applicant) 505 West Hollis Street (Sheet E Lot 1387) requesting the following variances: 1) to allow an off- premises ground sign; 2) to allow one additional ground sign on a lot where two ground signs exist; and 3) to exceed the maximum ground sign area for ground signs, 150 square feet is allowed, 160 square feet proposed. PI Zone, Ward 5. [TABLED FROM 2-8-11 MEETING]. Voting on this case: Jack Currier Rob Shaw Gerry Reppucci Ryan Williams Bob Carlson MOTION by Mr. Currier to remove the case from the Table. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING February 22, 2011 Page 2 SECONDED by Mr. Reppucci MOTION CARRIED UNANIMOUSLY 5-0. MOTION by Mr. Currier to Table the request to the March 22, 2011 meeting, per the applicant’s request. SECONDED by Mr. Williams. MOTION CARRIED UNANIMOUSLY 5-0. 2. Shane R. & Kristi Tumpney (Owners) James Ducharme (Applicant) 32½ - 36 Summer Street (Sheet 44 Lot 78) requesting the following variances: 1) Proposed Lot 3: minimum lot width, 60 feet required, 50 feet proposed; and 2) Proposed Lot 4: minimum lot width, 60 feet required, 50 feet proposed. [REHEARING GRANTED 11-9-10] RB Zone, Ward 3. [TABLED FROM 2-8-11 MEETING]. Voting on this case: Jack Currier Rob Shaw Ryan Williams Gerry Reppucci Bob Carlson MOTION by Mr. Currier to remove from Table. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 5-0. Mr. Currier said they heard this case at the last meeting, and the Board decided at the public meeting that it was better to wait until there were five members to deliberate on the case, so the meeting was tabled to tonight. Mr. Reppucci said if the Board opens up the public hearing, it should be limited, it should simply be for whatever questions that Mr. Carlson has to be addressed. MOTION by Mr. Reppucci to allow the attorney for the applicant to answer any direct questions that Mr. Carlson has, that he ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING February 22, 2011 Page 3 feels necessary to ask to bring him up to speed, and limit it to that, with no rebuttal. AMENDED MOTION by Mr. Currier to allow Mr. Carlson to ask questions to the applicant or whoever else might be that should answer a question. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 5-0. Mr. Carlson said relative to the site, the individual making the application is different from the current owner, and asked if this person is planning on redeveloping this site. Attorney Gerald Prunier, Prunier & Prolman, P.A., 20 Trafalgar Square, Nashua, NH. Atty. Prunier said he has already started, and has already been working on the house. Mr. Carlson asked if they are turning three houses into the existing two. Atty. Prunier said no, the houses will all be renovated. Mr. Carlson asked if he is aware of any out of line, or extended police activity in the neighborhood from this property. Atty. Prunier said not now, there were problems in the past, a better class of tenant. Mr. Reppucci stated that they are asking for two variances, only for the lot width, where 60 feet is required, and 50 feet is proposed, on the two lots. Mr. Carlson asked if there are any mitigating factors, or anything he should be aware of. Atty. Prunier said the main thing is the hardship, that the ordinance allows 50 feet of frontage, and there the lot needs a bigger width at the front yard setback, 25 feet back, and it doesn’t make sense. He said the ordinance was intended more for cul-de-sacs with the lot width, so this is a hardship. Mr. Carlson stated that there was some prior testimony in opposition to this case, and asked Ald. Sheehan to explain. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING February 22, 2011 Page 4 Alderman Diane Sheehan, Ward 3. Ald. Sheehan stated that the abutters are concerned that there is already been a few variances given on this property, the other properties have been carved off do not have 60 feet, and the neighbors are concerned about more carve and cram going into the neighborhood, and the 50 feet versus the 60 feet are designed to prevent dog-leg properties, and leaving room for someone to be in the back. Ald. Sheehan said if this can’t be built, they could still build a duplex, because this is a crowded area, and neighbors are concerned about the number of police calls to these properties. She said that at some time, the Board has to say that it’s enough, it’s full. She mentioned a Telegraph newspaper article which describes the French Hill neighborhood as one of the most crowded places in Nashua. Mr. Reppucci asked what the square footage requirements are for a two-family. Mr. Falk said it is 12,445 square feet of land, and it’s about 18,666 for three units. Mr. Reppucci asked if it is possible for the owner to build a duplex and a single family. Mr. Shaw said they would still be short. Mr. Falk said they would still need 18,666 square feet of land, and they are just over 18,000, they don’t have enough. Mr. Reppucci said that according to staff, the whole reason why the 60 foot lot width exists is for cul-de-sacs. He said that the restriction on these lots, where they’re straight lots and not a cul-de-sac, that that restriction is unreasonable, and said he supports the application. Mr. Williams said that he has difficulty finding a hardship, he said he didn’t see anything that would constitute a legal hardship. Mr. Shaw said there is slightly over 18,000 square feet available for the three lots, and the current frontage of the three lots is 182 feet, and the total width would be about 175 feet, and believes there would be a way to possibly carve up ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING February 22, 2011 Page 5 this larger piece of property into three lots, but it could create some odd lot configurations. He also said that there are many lots in the neighborhood that are less than 6,000 square feet in size, so the three proposed lots wouldn’t be out of character with the rest of the immediate area. Mr. Currier said that Kendrick Street is small and skinny, and undeveloped, and that while the lots above it on Shattuck Street and Summer Street up the hill may also be of a skinny configuration, that street is much wider and can accommodate it. He said that it’s a tight street and a tight neighborhood. He said the overall lot just got some tremendous relief for density on another lot, and didn’t see a hardship in terms of not allowing two homes, or a duplex to be built, that’s permitted by right. He also said that the 60 feet, for the width, he said the 60 feet is to allow a reasonably sized width and lot, with a bonus of a smaller frontage, and the lot just doesn’t meet it. Mr. Carlson said that the neighborhood is pretty crowded down there, and its one of the few areas of the City that it may create hardship to the neighbors and members of the community if those additional dwellings are constructed. He said they are already allowed to build two houses, not three, and that the neighborhood is already crowded. MOTION by Mr. Currier to deny the request on behalf of the applicant. Mr. Currier stated that the majority of the Board finds that even given the special conditions of the property, which is per testimony that it was purchased as a large three lot, and subdivided off, but it does not provide a hardship on the applicant. Mr. Currier said a majority of the Board finds that Kendrick Street is rather thin and narrow does warrant a reduction of sixty feet to fifty feet, and therefore, it is not within the spirit and intent of the ordinance, and there was a lot of testimony about the tight neighborhood, that this would adversely affect values of surrounding parcels because of the thin street. Mr. Currier stated that it is contrary to the public interest, one of the fundamental requirements of this Board is to allow reasonable planned development, and in summary, on a thin street, with the ten feet less on each lot, that it is an unreasonably tight development. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING February 22, 2011 Page 6 Mr. Currier said that he didn’t think that substantial justice would be served. SECONDED by Mr. Carlson. MOTION CARRIED 3-2 (Mr. Reppucci and Mr. Shaw against Motion) 3. Dennis A. & Brenda R. Hobbs (Owners) 34 Dickerman Street (Sheet 119 Lot 75) requesting variance to encroach 9 feet into the 25 foot required front yard setback to construct a 9’x16’ farmers porch. RA Zone, Ward 7. Voting on this case: Jack Currier Rob Shaw Ryan Williams Gerry Reppucci Bob Carlson Mr. Currier read over the application, and answered questions relative to the points of law. Mr. Williams said that number 5 in the application was left blank, but it seems like what they are saying is that it is because of the way the house is situated and in fact that the porch, you can’t open the door without getting knocked off the front step, incorporating all of the testimony. Mr. Currier said that a lot of the houses on the street are similar placement on the street as far as setbacks, and a lot of the homes have a front landing area, with a roof over it. Brenda Hobbs, 34 Dickerman Street, Nashua, NH. Mrs. Hobbs said there is a little bit of a roof over the door, but it doesn’t help much, as it’s rickety, and it’s only about two and a half feet wide, and doesn’t afford much shade in the dining room either. SPEAKING IN FAVOR: Dennis Hobbs, 34 Dickerman Street, Nashua, NH. Mr. Hobbs said that there would be a better safety feature with the porch put on there. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING February 22, 2011 Page 7 SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Williams to grant the variance on behalf of the owner. Mr. Williams stated that the variance is not contrary to the public interest, it will not adversely affect property values of surrounding parcels, it will be within the spirit and intent of the ordinance, and substantial justice will be done by granting the variance, and the variance is needed to enable the applicant’s proposed use of the property, for the reasons stated in the testimony and in the application. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 5-0. 4. City of Nashua, Timothy R. Forrence et.al (Owners) 22 Ledge Street, 43 Pine Street, 47 Pine Street, 49 Pine Street, 51 Pine Street and 53 Pine Street (Sheet 85 Lots 58 – 63) requesting variance to encroach 4 feet into the 10 foot required front yard setback (on Ledge Street) to construct a 12’x16’ utility building. RC Zone, Ward 4. CASE WITHDRAWN BY APPLICANT. MISCELLANEOUS: REGIONAL IMPACT: The Board did not see any cases of Regional Impact. Mr. Reppucci said he’d have to recuse for the case on Ritter Street. MINUTES: January 25, 2011 February 8, 2011 MOTION by Mr. Reppucci to approve the minutes, waive the reading, and place the minutes in the file. SECONDED by Mr. Currier. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING February 22, 2011 Page 8 MOTION CARRIED UNANIMOUSLY 5-0. REHEARING REQUESTS: None. ELECTIONS: MOTION by Mr. Currier to elect Mr. Shaw as Chair, Mr. Currier as Vice Chair, and Mr. Reppucci as Clerk. Mr. Reppucci said he wasn’t interested in being the Clerk. Mr. Currier said Mr. Shaw as Chair, Mr. Currier as Vice Chair and Clerk. MOTION by Mr. Carlson to have Mr. Reppucci as Chair, Mr. Shaw as Vice Chair, and Mr. Currier as Clerk. MOTION by Mr. Currier for Mr. Shaw to be the Chair. SECONDED by Mr. Williams. MOTION CARRIED UNANIMOUSLY 5-0. The Board did a show of hands for Vice Chair, and Mr. Reppucci had three in favor, Mr. Currier had two. MOTION by Mr. Currier for Mr. Reppucci as Vice Chair, and a nomination was made by Mr. Williams for Mr. Currier to be Clerk. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 5-0. BYLAWS: Mr. Reppucci said he will send out the proposed changes to the By-Laws to the Board members for their review. ADJOURNMENT: Mr. Currier called the meeting closed at 8:18 p.m. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING February 22, 2011 Page 9 Mr. Robert Shaw, Clerk CF Taped Hearing