Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 12, 2011 A public hearing of the Zoning Board of Adjustment was held on Tuesday, April 12, 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. 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 THE MARCH 22, 2011 MEETING] Voting on this case: Rob Shaw Gerry Reppucci Jack Currier Bob Carlson Mr. Shaw said that it is his understanding that the third variance is no longer needed, as the plan has been revised to allow a smaller sign. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 12, 2011 Page 2 MOTION by Mr. Reppucci to take this case off the Table. SECONDED by Mr. Carlson. MOTION CARRIED UNANIMOUSLY. Don Reed, Barlo Signs, for the YMCA. Mr. Reed confirmed that the proposal has gone through several revisions, and to have it be in the public interest, while serving the YMCA, Stellos Stadium and the Ice Arena. He said that the sign is a 30.6 square foot externally illuminated sign, which is in character with the area, and is essentially the same square footage as the sign that is proposed to be replaced, which is the oval sign with brick columns. He said that the existing sign square footage is 3’-11” x 7’-9”. He said that the existing sign will be moved down into the lot, so that it can provide an entrance on the other side of the lot. Mr. Reed went over all the relevant points of law, as identified in their application. He said that the sign is essentially identical to the sign that is being moved to the other portion of the lot. Mr. Currier asked about the line of sight with drivers on West Hollis Street. Mr. Reed said that in their site analysis, it is fine, and will not block anyone’s view. SPEAKING IN FAVOR: No One. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Reppucci to grant the variances on behalf of the applicant, except the third variance, which was no longer necessary. 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. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 12, 2011 Page 3 Mr. Reppucci stated that it’s within the spirit and intent of the ordinance, it will not adversely affect property values of surrounding parcels, it is not contrary to the public interest, there was no opposition, and substantial justice is done. SECONDED by Mr. Carlson. MOTION CARRIED UNANIMOUSLY 4-0. 2. Samuel Demers & Mary Erickson (Owners) 3 Taft Street (Sheet 118 Lot 72) requesting variance to encroach 9 feet into the 25 foot required rear yard setback to construct a 14’x22’ single-story home addition. RA Zone, Ward 7. Voting on this case: Rob Shaw Gerry Reppucci Jack Currier Bob Carlson Sam Demers, 3 Taft Street, Nashua, NH. Mr. Demers stated that they are requesting to encroach into the rear yard setback, to encroach 9 feet, to construct a living room, which would be single-story. Mr. Demers said there will not be any affect to the neighbors, it is an old neighborhood, and there are already a few structures on property lines. He said the home is about 1,450 square feet, which is one of the smallest ones in the neighborhood. He said the addition would be pretty hard to see from the street. SPEAKING IN FAVOR: Letter of support read into the record from 5 Taft Street. 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 needed to enable the applicant’s proposed use of the property, which is a ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 12, 2011 Page 4 larger living space. Mr. Currier said it is within the spirit and intent of the ordinance, in that there’s many properties close by that are built up to the property line, or perhaps over the property line, by testimony and also within the setback, therefore, the nine-foot encroachment is not outside the spirit and intent of the ordinance by us allowing this encroachment. Mr. Currier stated that there was no professional testimony, but there will be no adverse affect to the property values of surrounding parcels, in fact, the Board is persuaded that surrounding parcels would be enhanced by the continual improvement of this property, therefore, the request is not contrary to the public interest, and substantial justice is served to the homeowner. SECONDED by Mr. Carlson. MOTION CARRIED UNANIMOUSLY 4-0. 3. Christine A. Tancreti, Trustee, Lodi Trust (Owner) Lowell Five Bank (Applicant) 125 East Dunstable Road (Sheet B Lot 83) requesting the following: 1) special exception to work within the 75-foot prime wetland buffer of Salmon Brook to construct a retaining wall and a drive-through lane for a proposed bank in an existing building; and the following variances: 2) to allow a drive-through lane to be 5 feet away from a residentially zoned boundary - 30 feet minimum required, 3) to allow a pick-up window to be 20 feet from a drive-through exit – minimum of 60 feet required, and 4) to allow a drive-through exit to be 24 feet away from a driveway – minimum of 85 feet required. HB & R9 Zones, Ward 9. Voting on this case: Rob Shaw Gerry Reppucci Jack Currier Bob Carlson Attorney Gerald Prunier, Prunier & Prolman P.A., Nashua, NH. Atty. Prunier stated that he objects to going forward with less than a full Board. Atty. Prunier said that the request is to keep the building as ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 12, 2011 Page 5 is, and use it for a bank, with a drive-through. He pointed out the two different zoning districts on the property. He said a bank with a drive-through is an allowed use. He said that the lot has been reduced by roadway takings, and Salmon Brook is on the other side. He said that on one side is the Shell station, and a cleaner is across the street. Atty. Prunier said the drive-through requirements are more for fast food restaurants than banks. He said that the lot configuration is a hardship, also, the building was built before the Wetland Ordinance. He went over all the points of law. Atty. Prunier said that they are also requesting a special exception, and the case was approved by the Conservation Commission. He went over all the points of law. He went over all the special wetland regulations as well. Mr. Reppucci asked to clarify the drive-through with respect to the driveway. Atty. Prunier said the drive-throughs are more applicable to fast food restaurants than banks. Mr. Currier asked why there are two lanes in the drive-through. Atty. Prunier stated that one is for the teller, and one is for the ATM. Mr. Currier asked about the impact to the houses in the rear of the drive-through. Atty. Prunier said the area will be cleaned up, and the houses are at least 300 feet away. Mr. Currier asked about traffic. Atty. Prunier said that the bank closes at 4:00, and is a very low intensity user for this zone. SPEAKING IN FAVOR: Mr. Currier said that this area is very congested, especially at rush hour and Saturday mornings. He said that left-hand turns out of the parking lot are nearly impossible at rush-hour. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 12, 2011 Page 6 Jim Petropulos, Hayner Swanson, Inc, 3 Congress Street, Nashua NH. Mr. Petropulos stated that this is an HB zone, at an exit off of the F.E. Everett Turnpike. He said the HB zone allows some very intensive uses. He said it is a busy intersection, but the bank closes at 4:00 p.m., and the drive-through teller window closes at 5:00 p.m. He said the bank drive-through will miss the pm peaks. He agreed that traffic is busy at this area. He stated that the stacking in the site is more into the site, cars won’t be stacking out into the street. He said a good example is the former Dugas Market site, as far as traffic flow. Mr. Petropulos said it is over 300 feet to the houses in the back of the site, across the wetland. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: Pauline Jennings, 132 East Dunstable Road, Nashua, NH. Ms. Jennings stated that there is a lot of traffic, and said a lot of times, they have trouble getting into their own driveway. She said that this property isn’t good for a bank. Brad Whitney, 38 Fifield Street, Nashua, NH. Mr. Whitney said he represents the owners of the property across the street. He said he is concerned that they are creating a hazard on the property, particularly, and they are asking to over-utilize the property, with the use and traffic flow. He said they are building in the wetland buffer. Mr. Shaw said that the building was built before the wetland ordinance. Mr. Whitney reiterated his concerns with traffic. Discussion ensued by the Board members. SPEAKING IN FAVOR – REBUTTAL: Atty. Prunier stated that the building was built before the wetland ordinance was passed in Nashua. He said they are not affecting the wetlands, they are only working within the buffer, and there is sufficient amount of land from the wetlands to the buffer for the retaining wall. He said this building will only be used for a bank. Atty. Prunier said they would have no problem with a stipulation ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 12, 2011 Page 7 that the building only be used for a single-use bank. Mr. Currier asked about snow removal. Atty. Prunier said it would be plowed to one spot, and it will get removed from the site, and it wouldn’t be dumped into the wetlands. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS – REBUTTAL: Pauline Jennings, 132 East Dunstable Road, Nashua, NH. Ms. Jennings said the bank would cause a lot of accidents and problems. She said it will cause a lot of traffic congestion. MOTION by Mr. Currier to grant the area variances, all taken together, by testimony, the Board finds that these three variances are needed to enable the applicants proposed use of the property, which is a single business, a bank with a drive- through behind. Mr. Currier said it’s approved with the stipulation that the business remain a single-use bank, and the Board believes the bank would be a lower intense use for an HB zone, and therefore, warrants these drive-through variances that they are seeking. He stated that other uses on this property could be problematic. Mr. Currier said that the applicant is willing to abide by that stipulation. Mr. Currier stated that with the stipulation, the request is within the spirit and intent of the ordinance to allow a bank in the HB zone, on a busy corner, we have received expert testimony that it will not affect surrounding parcels, any increase of traffic will make an impact on some surrounding parcels, but this is a low impact use, and it will be good for the neighborhood as opposed to other uses that could go in the HB zone. Mr. Currier said it is not contrary to the public interest, and substantial justice will be served, with a stipulation of a single-use bank. Mr. Shaw suggested that since it is a split-zone, that is why variance #2 is needed. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 12, 2011 Page 8 Mr. Currier amended the MOTION to include language for hardship that it is a split-zone, which brings area variance #2 to the Board relative to the drive-through lane. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 4-0. MOTION by Mr. Currier to grant the special exception on behalf of the owner. Mr. Currier stated that it is listed in the table of uses, Section 190-112. Mr. Currier said in terms of the work in the prime wetland buffer, this work will not create traffic congestion or unduly impair pedestrian safety, it is to construct a headwall behind the building in the buffer, and in that capacity, there will not be any traffic congestion to the public, it is just a driveway in the back. Mr. Currier stated that it will not overload public water, sewer or drainage or other municipal systems, per testimony, the drainage system will be mitigated, currently, the water is shedding its water onto the street, and will be treated on-site. Mr. Currier said the nine special regulations were each addressed by the applicant, and they’ve been adequately addressed. He said the work in the wetland buffer will not impair the integrity or be out of character with the neighborhood, the intent is that when the work is done, it will re-seeded, planted, and stable, therefore, all the work in the buffer is met. Mr. Currier said the stipulations are approved, according to the Conservation Commission meeting of March 1, 2011. SECONDED by Mr. Reppucci. MOTION CARRIED 4-0. 4. Akvile Dargiene & Remigijus Dargis (Owners) 344 Main Street (Sheet 9 Lot 28) requesting variance for minimum open space, 35% required – 25.9% requested. RB Zone, Ward 7. Voting on this case: Rob Shaw Gerry Reppucci ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 12, 2011 Page 9 Jack Currier Bob Carlson Remi Dargis, 7 Cardiff Road, Nashua, NH. Mr. Dargis stated that the request is for open space on the lot. He said it is the same plan and intent as the prior approval, with the three parking spaces in the front. He went over his application, and the variance points of law. Mr. Falk said that it is the same plan as the applicant provided earlier, except that we now have a detailed engineered plan which shows the exact open space requirement. It wasn’t noticed the first time the applicant came in. SPEAKING IN FAVOR: No One. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Reppucci to grant the variance on behalf of the owner. 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 said the parking area was approved by the Board, and it was found out afterwards that there was an open space incursion. Mr. Reppucci stated that the request is within the spirit and intent of the ordinance, it will not adversely affect the property values of surrounding parcels, it is not contrary to the public interest, and substantial justice is done. SECONDED by Mr. Carlson. MOTION CARRIED 3-1 (Mr. Currier). MISCELLANEOUS: REGIONAL IMPACT: ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 12, 2011 Page 10 The Board unanimously did not see any cases of Regional Impact. MINUTES: March 22, 2011: Mr. Reppucci identified a correction on Page 7. Mr. Falk said he’d make the corrections. MOTION by Mr. Reppucci to approve the minutes, with the corrections mentioned, 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 8:15 p.m. Mr. Jack Currier, Clerk CF Taped Hearing