Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING June 28, 2011 A public hearing of the Zoning Board of Adjustment was held on Tuesday, June 28, 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 Rick Johnson 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. 1. Pennichuck Corporation (Owner) Pennichuck Corporation & North Concord Street Properties, LLC (Applicant) 200 Concord Street (Sheet 51 Lot 8) requesting to amend a special exception for a water tank previously granted by the ZBA on 11-23-04 in order to allow the portion of the lot which is under easement for the water tank to be subdivided as a separate utility lot, and to acknowledge that the remainder of Sheet 51 Lot 8, whether or not a separate utility lot is created, may be developed in accordance with the Land Use Code. RA & R18 Zones. Ward 3. [TABLED FROM THE MAY 24, 2011 MEETING] Voting on this case: Rob Shaw Gerry Reppucci Jack Currier Rick Johnson MOTION by Mr. Reppucci to remove the item from the Table. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING June 28, 2011 Page 2 SECONDED by Mr. Johnson. MOTION CARRIED UNANIMOUSLY 4-0. Mr. Shaw stated that the case was tabled from the May 24, 2011 meeting. He stated that the 30-day appeal period from the Administrative Appeal is past. Mr. Shaw said that the Board has received an e-mail correspondence from the applicant, stating that they wish to withdraw the request without prejudice. The Board determined that there is no additional action to be taken on this case. Mr. Currier said it is withdrawn per the letter from Attorney Brad Westgate, dated June 28, 2011. 2. Trinity Baptist Church (Owner) 33 Lund Road (Sheet E Lot 29) requesting special exception to work within a 40-foot “other” wetland buffer to install a sidewalk. LB & HB Zones, Ward 6. Voting on this case: Rob Shaw Gerry Reppucci Jack Currier Rick Johnson Attorney Gerald Prunier, Prunier & Prolman, P.A., 20 Trafalgar Square, Nashua, NH. Atty. Prunier stated that he objects to going forward with less than a full Board. Atty. Prunier indicated that the special exception request is to allow work within a wetland buffer zone. He stated that that it will be 474 square feet of work in the buffer. He identified a shaded area on the plan where the construction of the sidewalk will be within the buffer. Atty. Prunier went over the special exception points of law to the Board’s satisfaction. He said they also meet the nine special conditions for the wetlands, and that the case was approved by the Conservation Commission at their June 21, 2011 ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING June 28, 2011 Page 3 meeting. SPEAKING IN FAVOR: No One. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Reppucci to grant the special exception request on behalf of the applicant. Mr. Reppucci stated that the request is listed in the table of uses, Section 190-112. He stated that it will not create undue traffic congestion, or unduly impair pedestrian safety. He stated that it will not overload public water, sewer or drainage, or any other municipal systems. Mr. Reppucci stated that all the special regulations are fulfilled, as stated per testimony, and there is an approval letter from the Conservation Commission, and the case will not be out of character with the neighborhood, or be detrimental to the health, morals or welfare of the residents. Mr. Reppucci stated that there are four specific stipulations of approval from the Conservation Commission’s approval dated June 21, 2011, and that the Conservation Commission meeting minutes are included as part of the record. SECONDED by Mr. Currier. MOTION CARRIED 4-0. 3. Diane Healy (Owner) 50 Dexter Street (Sheet 102 Lot 116) requesting variance to exceed maximum fence height, 6 feet allowed, 8 feet requested, for a 48 foot long section along the right rear property line. RB Zone, Ward 6. Voting on this case: Rob Shaw Gerry Reppucci Jack Currier Rick Johnson Diane Healy, 50 Dexter Street, Nashua, NH. Ms. Healy stated ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING June 28, 2011 Page 4 that they want the variance for the fence height due to the small children on the other side of the fence throwing objects over the fence. She said that one time, a brick nearly hit her, and her elderly mother and aunt don’t want to sit in the back due to safety concerns. Ms. Healy said her property dips down in the back, so, it will be about a foot lower due to the slope of the back yard. She said it’s only for the right side of the yard, the other portion of the rear yard will have a chain link fence. She said they are doing it for safety. She said that baseballs and other objects have been thrown over. She said they’d like to get the fence from Gate City Fence, and they were the ones that suggested that the City be contacted for the variance. She said the extra height will allow for better safety for play balls and other objects being thrown over. SPEAKING IN FAVOR: No One. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Currier to grant the variance on behalf of the owner. Mr. Currier 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, per testimony, there is a slight change in topography where the proposed 8-foot fence would be. Mr. Currier stated that the request is within the spirit and intent of the Ordinance to allow the 8-foot high fence on this section of the back yard, as defined on the plan, it will not adversely affect the property values of surrounding parcels, it is not contrary to the public interest, and substantial justice would be done. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 4-0. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING June 28, 2011 Page 5 4. John J. Flatley Company (Owner) 100-300 Innovative Way (Sheet A Lot 798) requesting special exception to work within an “other” wetland and wetland buffer to construct a mixed-use commercial development to support the Nashua Technology Park. PI Zone, Ward 8. Voting on this case: Rob Shaw Gerry Reppucci Jack Currier Rick Johnson Jim Petropulos, Hayner Swanson, 3 Congress Street, Nashua, NH. Mr. Petropulos stated that the Tara Commons parcel is at the southern portion of the Nashua Technology Park, which is a 400- acre tract of land, with both Park Industrial and RC zoning districts. He said the Park contains about 1.1 million square feet of research, development and manufacturing space within the park, and there is a sizeable amount of undeveloped land with the park. Mr. Petropulos said the subject parcel is to be subdivided out, and is scheduled to appear before the Planning Board next week. He said the parcel is at the Tara Boulevard signalized intersection. He described the abutters to the property, and it is a mix of uses, with office, the hotel, and multi-family. He said there is enough land to the north to support another million plus square feet of building space. He described some future plans for the northern portion of the Park. Mr. Petropulos said that Tara Commons has some rolling topography, some rocks and ledge, and wetlands. He said there is a stormwater pond that receives drainage from some of the parking lots up above the Park. He said that the project includes four one-story buildings, with access from limited curb-cut onto Spit Brook Road, an access to the signalized intersection at Tara Boulevard, and a rear access along Innovative Way. He said there will be about 29,800 square feet of building space, with a bank and drive-through, retail uses such as a dry cleaner and a sandwich shop, and some office or medical office space. Mr. Petropulos said there are four impact areas for wetlands, and briefly described each of them. He said they received a ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING June 28, 2011 Page 6 positive recommendation from the Conservation Commission, with three stipulations of approval. He said they have also filed for their NH DES application. Mr. Petropulos went over the five points of law for a special exception, as well as the nine special regulations for wetlands. Mr. Shaw asked if there are any more anticipated variances or special exceptions or sign variances for the property. Mr. Petropulos said he can’t answer for future signage, as that’s much later in the process. He said they believe that they meet all the dimensional standards for zoning, and it’s ready to go to the Planning Board. Mr. Johnson asked about Impact Area “A”, during a rainstorm, as is today, without the project, presumes that the water flows along the path. Mr. Petropulos said yes. Mr. Johnson asked how the runoff will be abated. Mr. Petropulos said that there are two outlets, and the runoff will be picked up, and will be pre-treated and will go to other piping. SPEAKING IN FAVOR: Richard Cane, John J. Flatley Company. Mr. Cane said the project will be a regional high-tech center, a nice job creation and tax base for the City. He said that the Tara Commons will be a way to serve the employees and tenants at Nashua Office Park, they will be service-type uses to serve people in the Park. He said they do not anticipate any more variances. He said it’s likely that they’ll have one central sign that will list the tenants. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. Mr. Reppucci said the Board should just focus on the special exception for the wetland encroachment. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING June 28, 2011 Page 7 MOTION by Mr. Reppucci to approve the request as presented. Mr. Reppucci stated that the use is listed in the Table of Uses, Section 190-112. Mr. Reppucci stated that the use will not create undue traffic congestion, or unduly impair pedestrian safety. Mr. Reppucci said that it will not overload public water, drainage or sewer or other municipal systems, there are drainage issues that were addressed by the Engineer in the presentation, and will be addressed by the Planning Board. Mr. Reppucci stated that the special regulations are fulfilled, the nine special regulations listed on the wetland special conditions are all addressed by the presentation, and are all fulfilled, as well as the letter from the Conservation Commission dated May 17, 2011 with three stipulations of approval. Mr. Reppucci said the request will not impair the integrity or be out of character with the neighborhood, or be detrimental to the health, morals or welfare of residents. He said the Conservation Commission meeting minutes are incorporated into the record. SECONDED by Mr. Johnson. MOTION CARRIED UNANIMOUSLY 4-0. 5. NH B II LLC (Owner) Hesser College (Applicant) 410 Amherst Street (Sheet H Lot 38) requesting variance to exceed maximum number of wall signs, 1 permitted, 1 additional wall sign proposed. AI Zone, Ward 2. Voting on this case: Rob Shaw Gerry Reppucci Jack Currier Rick Johnson Robyn Casey, KC Signs, Londonderry, NH. Ms. Casey said they are requesting a variance for a 42.99 square foot wall sign, illuminated LED sign, where only 1 wall sign is allowed per business. She said that Hesser has already been approved for a ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING June 28, 2011 Page 8 73.34 square foot sign, to replace the existing side wall sign. She said that Hesser has been at this location since 1983, and was purchased by Kaplan in 2000. She said when they purchased it, they were not aware that a permit wasn’t issued for the other wall sign. She said the additional wall sign is needed for both students and the public, as to where the entrance of the building is located, as the building sits sideways, and is far back off the road. Ms. Casey said the old signs cannot be grandfathered, because they were not permitted, and this request is to allow the front entrance sign to be placed on the building. Mr. Reppucci asked if they are asking to replace a sign that already exists. Ms. Casey said yes. Mr. Johnson said the signs exist, it’s just that the picture is dark. Mr. Currier asked about the size of the new signs. Ms. Casey said they’re smaller than the ones already there. Mr. Shaw asked about the LED, whether it’s non-flashing constant illumination. Ms. Casey agreed, just the letters will be lit up. SPEAKING IN FAVOR: Catherine McDougall, Executive Director for Hesser College. Ms. McDougall voiced her support for the signs, and re-iterated that the building is set off the road, and they are necessary for each entrance doorway to the campus. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Reppucci to grant the variance 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 ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING June 28, 2011 Page 9 the applicant cannot be achieved by some other method reasonably feasible for the applicant to pursue, other than an area variance. 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 would be done. SECONDED by Mr. Johnson. MOTION CARRIED UNANIMOUSLY 4-0. MISCELLANEOUS: REGIONAL IMPACT: The Board did not see any cases of Regional Impact. MINUTES: June 14, 2011: Mr. Currier asked to add some testimony that he made mention of the buffer in the back on Watson Street, the buffer up against the old Hammar Hardware, while there was testimony presented that it was a non-issue due to the strip of land, there is also a sewer generator right there, which could be an issue to having a minimized buffer with homes right there. Mr. Falk said that they would make the appropriate changes. MOTION by Mr. Reppucci to approve the minutes with the additional language as noted by Mr. Currier. SECONDED by Mr. Johnson. MOTION CARRIED UNANIMOUSLY 4-0. ADJOURNMENT: Mr. Shaw called the meeting closed at 7:42 p.m. Mr. Jack Currier, Clerk ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING June 28, 2011 Page 10 CF Taped Hearing