Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 26, 2011 A public hearing of the Zoning Board of Adjustment was held on Tuesday, April 26, 2011 at 6:30 PM in the Auditorium at City Hall. Gerry Reppucci, Vice Chair, conducted the meeting. Members present were: Gerry Reppucci, Vice Chair Jack Currier, Clerk Ryan Williams Bob Carlson (arrived at 7:05) Carter Falk, AICP, Deputy Planning Manager/Zoning Mr. Reppucci explained the Board's procedures, including the points of law required for applicants to address relative to variances and special exceptions. Mr. Reppucci 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. Reppucci also explained procedures involving the timing light (which is currently not working). 1. Bruno Leclerc (Owner) 16 Dumaine Avenue (Sheet H Lot 118) requesting special exception to expand a nonconforming use by constructing a 12’x16’ shed in the rear yard, and a 5’ wide farmers porch in the front and left side of the house. PI Zone, Ward 2. Voting on this case: Gerry Reppucci Jack Currier Ryan Williams Bruno Leclerc, 16 Dumaine Avenue, Nashua, NH. Mr. Leclerc said he is planning on building a shed in the rear yard that will be a little bit larger than the previous one, and will be constructing a porch on the front and side of the house. He said it will not be roofed. Mr. Reppucci asked what was before the Board the previous time ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 26, 2011 Page 2 he appeared. Mr. Leclerc said it was for a wood shed, for heating purposes, the current request is to put the lawnmower, bicycle, motorcycle and other lawn and garden items in, it will just replace the old one. Mr. Currier said that the house is in a PI zone, and that is the only reason why the applicant is before the Board. Mr. Leclerc agreed. SPEAKING IN FAVOR: No One. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. 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 190-119 (A)(4). He stated that the proposed shed and farmers porch will have no impact on traffic congestion, or unduly impair pedestrian safety. Mr. Currier said it will not overload public water, sewer drainage or other municipal systems, there are no special regulations to be fulfilled in this case, and per testimony, these changes are not at all out of character with the neighborhood, and it could help property values in the area. SECONDED by Mr. Williams. MOTION CARRIED UNANIMOUSLY 3-0. 2. Steven M. & Linjay Greenwood (Owners) 13 Bloomingdale Drive (Sheet G Lot 106) requesting variance to encroach 10 feet into the 20 foot required left side yard setback to construct an attached 24’x24’ garage with rooms above. R18 Zone, Ward 2. Voting on this case: Gerry Reppucci ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 26, 2011 Page 3 Jack Currier Ryan Williams Steven Greenwood, 13 Bloomingdale Drive, Nashua, NH. Mr. Greenwood stated that they are requesting to add a 24’x24’ attached garage to the house. He said they are requesting to encroach 10 feet into the 20 foot setback. He showed pictures of other homes in the street and neighborhood with similar structures encroaching into the side yard setbacks. He said that it is an R18 Zone. He said he’s contacted all the abutters. Mr. Currier asked if a narrower garage and addition was contemplated. He stated that he concurred that it is a two- story garage in the setback, but is not problematic to abutters. Mr. Greenwood stated that the addition will match up with the existing driveway very well. Mr. Reppucci said it’s not just the garage, it’s a two-story addition with rooms above. SPEAKING IN FAVOR: William Payne, neighbor across the street. Mr. Payne stated that the applicant has done a wonderful job with the property, and he is in favor of their request. 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, the special conditions of the property is that there are other structures very nearby in the neighborhood that encroach on the side yard setback, including some direct abutters, and that the existing driveway make it optimal to design a 24’x24’ footprint to accommodate the existing driveway. Mr. Currier said it is within the spirit and intent of the ordinance, the addition should improve the property values of surrounding parcels, and the case is not contrary to the public interest, and substantial justice is served to allow this ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 26, 2011 Page 4 variance. SECONDED by Mr. Williams. MOTION CARRIED UNANIMOUSLY 3-0. 3. Corona Borealis, LLC (Owner) Nancy C. Chabot & Corona Borealis, LLC (Applicants) 154 Amherst Street (Sheet 61B Lot 109) requesting a determination whether a material change of circumstances affecting the merits of the application has occurred, or that the application is for a use that materially differs in nature and degree from a use variance denied by the ZBA on 10-11-88, and, if so, requesting the following: 1) use variance to change use of current single family home to an art studio/gift shop on first floor and a bookkeeping office on second floor, and; 2) variance to encroach 13 feet into the 25 foot required front yard setback (on Bristol Street) to allow for two parking spaces. RA Zone, Ward 4. Voting on this case: Gerry Reppucci Jack Currier Ryan Williams Mr. Reppucci read an excerpt from the Fisher vs. Dover case. He said that it’s his opinion that the case is substantially different. Mr. Williams said that one of the properties abutting the subject property recently was approved to change from residential to commercial, which is what the applicant is requesting, and said that the Fisher vs. Dover test is met in this case, it is a substantially changed street since it was last heard by the Board. Mr. Currier agreed, during the time since the last application, a lot has transpired on this stretch of Amherst Street, and the application is consistent with other uses in the neighborhood now. MOTION by Mr. Williams said that the test is met in this case to allow the request to go forward, as one of the abutting properties has changed from a residential to a commercial use, ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 26, 2011 Page 5 also, that there’s been significant development of the City during the past 23 years, it is a busy street, and a commercial area. SECONDED by Mr. Currier. MOTION CARRIED UNANIMOUSLY 3-0. Attorney Jim Tamposi, 91 Amherst Street, Nashua, NH. Atty. Tamposi said that for the past 25 years, the applicant has operated a bookkeeping business called NCC Business Solutions, and she is also an artist, so she wants to have both uses in the house for her. He said she just purchased the building. He approached the Board and handed out pictures. Atty. Tamposi said that the house is in a dilapidated condition, and has no use as a single-family home, because of the commercial area that it’s in. He said that over the years, this property has deteriorated. He said that no one will invest any money into the property to use it as a single-family home. Atty. Tamposi said that the applicant will totally refurbish the property, and it will remain cottage-looking in appearance, so that both the bookkeeping office and the small shop can coexist. He said that future plans include an addition to the second floor, but it most likely won’t involve the Zoning Board. Atty. Tamposi said they are seeking two use variances, for the same owner. He said the gift shop portion of the house would be about 480 square feet. He said the rest of it, for the office, is about the same size. He said they’d put in a handicap restroom. Atty. Tamposi proceeded to go over the variance points of law. He said that the application is already part of the record. He passed out a plan showing nearby commercial uses on Amherst Street. Mr. Williams stated that the Master Plan of the City identifies this property as Commercial. Atty. Tamposi agreed that it is, and said that this is a commercial strip. Atty. Tamposi said the parking area will be nicely landscaped, ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 26, 2011 Page 6 and it will not be a deterrent. Mr. Williams asked how many parking spaces are required. Mr. Falk said the office would require one space, at 1/1,000, and the retail downstairs would require two spaces, so, three spaces altogether will be required. Atty. Tamposi said there is room for five parked cars. He said if the parking variance isn’t supported, it would just force customers to park in the street, which would be worse from a safety standpoint. He said the driveway will be plowed and shoveled. He said the garage can fit one car. He said that people can’t park in the driveway and in the parking lot. Mr. Currier asked if the applicant has been working out of the house. Atty. Tamposi said no, the house isn’t habitable right now. He said she is operating out of 91 Amherst Street for the past 22 years, and when this property came on the market, she purchased it. SPEAKING IN FAVOR: No One. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Williams to grant the variances on behalf of the applicant. Mr. Williams stated that the motion is to grant the variances as applied, it will be within the spirit and intent of the ordinance, it will not adversely affect the property values of surrounding parcels, it will not be contrary to the public interest, and substantial justice will be done by granting the variances, and that the zoning restriction that is applied to this particular property, owing to the unique circumstances of this property, interferes with the landowners reasonable use of the property, considering the unique setting of the property in its environment, and that no fair and substantial relationship exists between the general purposes of the zoning ordinance, and the specific restriction on the property, further, that granting of the variance will not injure the public or private rights of ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 26, 2011 Page 7 others for the reasons discussed by the Board members. SECONDED by Mr. Currier. MOTION CARRIED UNANIMOUSLY. MISCELLANEOUS: REGIONAL IMPACT: The Board unanimously did not see any cases of Regional Impact. Mr. Falk said that Staff notified the Town of Hollis for Case #2. MINUTES: April 12, 2011: MOTION by Mr. Currier to approve the minutes as presented, and to waive the reading, and place the minutes in the file. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 2-0 (Mr. Williams abstained) REHEARING REQUESTS: None. ADJOURNMENT: Mr. Reppucci called the meeting closed at 7:41 p.m. Mr. Jack Currier, Clerk CF Taped Hearing