Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING March 8, 2011 A public hearing of the Zoning Board of Adjustment was held on Tuesday, March 8, 2011 at 6:30 PM in the Auditorium at City Hall. Rob Shaw, Chair, conducted the meeting. Members present were: Rob Shaw, Chair Gerry Reppucci, Vice Chair Jack Currier, Clerk Bob Carlson Carter Falk, AICP, Deputy Planning Manager/Zoning Mr. Shaw explained the Board's procedures, including the points of law required for applicants to address relative to variances and special exceptions. Mr. Shaw 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. Shaw also explained procedures involving the timing light (which is currently not working). 1. Vasilios Zacharopoulos (Owner) 3 Ritter Street (Sheet 94 Lot 18) requesting variance to encroach 3 feet into the 7 foot required side yard setback to replace an second story attic with a full floor addition. RC Zone, Ward 6. Voting on this case: Rob Shaw Gerry Reppucci - RECUSED Jack Currier Bob Carlson Attorney Gerald Prunier, Prunier & Prolman, P.A., 20 Trafalgar Square, Nashua, NH. Atty. Prunier passed out a package to the Board members, and explained. He said the request is for an encroachment into the rear setback, on an existing foundation. He said the addition will be to make an existing attic into a full bedroom. He said they are just going straight up. He said there are many houses in the area that have foundations into a setback, as the area is older, and many structures pre-date ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING March 8, 2011 Page 2 zoning. Mr. Shaw asked if the request is to add any additional dwelling units. Atty. Prunier said it will not. SPEAKING IN FAVOR: Mr. Shaw stated that there is a letter in support from 85-91 Kinsley Street, from Mr. Tremblay. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Currier to grant the variance on behalf of the applicant. Mr. Currier stated that the variance is not contrary to the public interest, it will not be out of the character of the neighborhood, it’s a fairly dense neighborhood, and the structure is already at that existing encroachment, and adding a bedroom on the second story in the back will match what is on the front of the house, and the parking is adequate for the site. Mr. Currier said it is within the spirit and intent of the ordinance, and substantial justice will be done to the property owner by granting the variance. Mr. Currier said there’s been no expert testimony, but the Board finds that this should increase the value of surrounding properties, especially with the testimony by the abutter. SECONDED by Mr. Carlson. MOTION CARRIED UNANIMOUSLY 3-0. 2. Oanh & Long Nguyen (Owners) Long Nguyen & Helen Vacca (Applicants) 353 Main Street (Sheet 108 Lot 29) requesting use variance to convert upstairs residential dwelling unit into an office, and to allow existing ground sign to be internally illuminated. RA Zone, Ward 6. Voting on this case: ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING March 8, 2011 Page 3 Rob Shaw Gerry Reppucci Jack Currier Bob Carlson Helen Vacca, 49 Gilman Street, Nashua, NH. Ms. Vacca said she is requesting to put in a travel agency office on the first floor, next to the spa, so there would be two commercial units, similar to most of the rest of the neighborhood. Mr. Shaw asked about the sign, and the lighting. Ms. Vacca said it will be the same sign, but it won’t have the two spotlights shining up at it, it will be internally illuminated, and will be the same size. She said it can be difficult to see. Mr. Shaw asked if it will be illuminated all night long, or if there could be a limitation on the number of hours the sign would be lit for. Long Nguyen, 353 Main Street, Nashua, NH. Mr. Nguyen said he could put the light on a timer, and didn’t want it on all night. He said that many of the other signs are lit at night. SPEAKING IN FAVOR: No One. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: Annette D’elia, 14 Fernwood Street, Nashua, NH. Ms. D’elia said she lives in the back. She said she isn’t opposed to the use, she was concerned about adding another parking area in the back of their lot, especially if they want to sell their property. Mr. Shaw said that the request is not to add any additional parking area, it’s just to have the residential unit change into an office use. Mr. Shaw said that the residential unit requires two parking spaces, while the small office use will only require one space, so the Code recognizes that the use will be less intense from a parking perspective. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING March 8, 2011 Page 4 Mr. Currier asked about a fence in the back, and if it’s something that would be wanted. Ms. D’elia said she’s not opposed to the use, and heard that the applicant would be putting in a fence. SPEAKING IN FAVOR – REBUTTAL: Mr. Nguyen said he is going to be putting in a fence along the rear property line. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS – REBUTTAL: None. MOTION by Mr. Reppucci to grant the use variance request 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 the applicant cannot be achieved by some other method reasonably feasible for the applicant to pursue, other than an area variance, he stated that by testimony, the area is a small, low-impact office use. Mr. Reppucci stated that it is within the spirit and intent of the ordinance, it will not affect property values of surrounding parcels, it is not contrary to the public interest, and substantial justice is met. Mr. Reppucci said a special condition is that a six-foot tall stockade-style fence to be installed and maintained at the rear property line. SECONDED by Mr. Carlson MOTION CARRIED UNANIMOUSLY 4-0. MOTION by Mr. Reppucci that the Board reconsider a restriction that the previously granted ground sign that was to be externally illuminated, and the applicant is requesting that it be allowed to be internally lit, with the same size and dimensions as the present sign, and recommended approval of this request. SECONDED by Mr. Carlson. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING March 8, 2011 Page 5 MOTION CARRIED 3-1 (Mr. Currier). MISCELLANEOUS: REGIONAL IMPACT: The Board did not see any cases of Regional Impact. MINUTES: February 8, 2011 MOTION by Mr. Reppucci to approve the minutes, with the corrections mentioned and given to Mr. Falk by Mr. Reppucci, and to waive the reading, and place the minutes in the file. SECONDED by Mr. Currier. MOTION CARRIED UNANIMOUSLY 4-0. REHEARING REQUESTS: None. ADJOURNMENT: Mr. Shaw called the meeting closed at 7:25 p.m. Mr. Jack Currier, Clerk CF Taped Hearing