Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING July 12, 2011 A public hearing of the Zoning Board of Adjustment was held on Tuesday, July 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 Ryan Williams 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. Katherine Sweeney (Owner) Rais-Prol, LLC (Applicant) 1-3-5 Wellman Avenue (Sheet 58 Lot 14) requesting the following: 1) use variance to permit a residential condominium community consisting of 8 units - 6 of which are proposed single-family detached units, and 2 of which are the existing duplex units, and; 2) variance to permit more than one principal structure on one lot, 1 permitted, 7 requested (Amendment from 6-14-11 Public Hearing). RA Zone, Ward 2. Voting on this case: Rob Shaw Gerry Reppucci Jack Currier Ryan Williams Rick Johnson Mr. Shaw indicated that this case was previously heard, and the ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING July 12, 2011 Page 2 applicant consulted with the abutters, and has come back with an amended application and plan. Attorney Brad Westgate, Winer and Bennett, 111 Concord Street, Nashua, NH. Atty. Westgate handed out a plan showing the revised proposal. He reminded the Board of the previous requests at the meeting last month. He said the new application eliminates the setback and density variances, all it is now is the use variance request, and the variance for more than one principal structure per lot. He said the proposal is to construct six single-family buildings on the same lot as the existing duplex unit. Atty. Westgate said on June 21st, the applicant sent out a letter to the various abutters, inviting them to an informational meeting on June 27th, showing design alternatives, in which the proposed design was positive. He said that the information at the last meeting should be part of the record. He briefly reviewed the site characteristics and location. Atty. Westgate said they no longer need the setback variances, as the units are smaller than the ones previously applied for, and the proposed units are closer into the lot. He said that they also eliminated the five parking spaces that were on the previous plan, which added some more green space, and gave some more space to the rear of the units. He said the proposed plan is a dramatic drop in density, and will still have a buffering affect to the commercial properties on Amherst Street. Atty. Westgate went over the variance points of law. Mr. Williams asked about the treed vegetation along the Watson Street side, and if it matches the rendering. SPEAKING IN FAVOR: Richard Maynard, Maynard & Paquette, East Pearl Street, Nashua. Mr. Maynard said that the rendering shows a denser treed buffer than what actually exists. He said the plan will have extensive plantings and shrubs throughout the property. Mr. Johnson asked about the ground entrance sign, as it looked different, and larger, than the previous plan. Atty. Westgate stated that it is different, but the new one will ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING July 12, 2011 Page 3 meet the Ordinance. Mr. Maynard said it’s on the other side of the entrance driveway, and will be incorporated into a stone wall. He said the sign itself cannot exceed ten square feet in area. Richard Cobb, 9 Wellman Avenue, Nashua, NH. Mr. Cobb said he doesn’t have any problems with the new plan. Randy Burgess, 7 Wellman Avenue, Nashua, NH. Mr. Burgess said the location of the houses are within the rules, and the present plan is much better than the previous plan. Paul Melnick, 165 Amherst Street, Nashua, NH. Mr. Melnick said that there have been some significant concessions made, and the proposed plan makes more sense. He said that they’ve been assured that the grading and drainage will be taken care of. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Williams to grant the variances, all taken together, on behalf of the applicant. Mr. Williams stated that the Board is approving the application as presented, the variance criteria has been met, it 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 will be done, and that not granting the variance will result in a hardship on the applicants for the reasons that were presented in the testimony today and in the prior hearing. SECONDED by Mr. Reppucci. MOTION CARRIED 5-0. 2. Nashua Building Contractors - David Aponovich (Owner) City of Nashua (Applicant) 17 Jackson Street (Sheet 39 Lots 27 & 34) requesting special exception to work within the 75-foot prime wetland buffer of the Nashua River to drill up to five soil borings to investigate environmental issues. GI Zone, Ward 7. Voting on this case: ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING July 12, 2011 Page 4 Rob Shaw Gerry Reppucci Jack Currier Rick Johnson Deb Chisholm, Brownsfield Coordinator, Community Development Department, City of Nashua, NH. Ms. Chisholm stated that the project has been before the Board in the past. She said the City is contemplating acquiring the property as part of their CSO Program. She said that the project will entail drilling up to five soil borings in the wetland buffer, adjacent to the Nashua River Ms. Chisholm stated that there is a gate to access the property, and the section of the property is non-vegetated, with a dirt road. She said there will be a drill rig drilling the holes, and it is expected that the work will take a day or two. She said the work is being done in a very secluded place, and there will be no traffic or pedestrians affected. Ms. Chisholm went over the special exception points of law. Also, Mr. Shaw went over the nine special criteria to the satisfaction of the Board. SPEAKING IN FAVOR: No One. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Reppucci to grant the special exception on behalf of the applicant. Mr. Reppucci stated that the use is listed in the Table of Uses, Section 190-112. Mr. Reppucci said the proposal will not create undue traffic congestion or unduly impair pedestrian safety, it will not overload public water, sewer, drainage or other municipal systems. Mr. Reppucci stated that the special regulations are fulfilled, there is a copy of the letter approving the case from the Conservation Commission, dated July 8, 2011 with two conditions that the applicant said they’ll meet, and the proposal will not impair the integrity or be out of character with the ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING July 12, 2011 Page 5 neighborhood, or be detrimental to the health, morals or welfare of the residents. Mr. Reppucci said the Conservation Commission meeting minutes are incorporated into the record as well. SECONDED by Mr. Williams. Mr. Reppucci asked if the Board could give the applicant a little leeway on the number of soil borings, in case they need to drill more than five. After limited discussion, the Board decided to leave the request as it is, as it could be looked upon as an expansion of the advertised use. MOTION CARRIED UNANIMOUSLY 5-0. 3. Bradbury Family Revocable Trust (Owner) 3 Coburn Avenue (Sheet F Lot 1035) requesting variance to encroach 3 feet into the 6 foot required left side yard setback to construct a detached 24’x24’ garage. R9 Zone, Ward 1. Voting on this case: Rob Shaw Gerry Reppucci Jack Currier Ryan Williams Rick Johnson Mr. Mike Bradbury, 3 Coburn Avenue, Nashua, NH. Mr. Bradbury gave some history of the property, there was a barn on the lot, and was about four acres. He described the oddly shaped property lines, which was done to allow for enough acreage to subdivide the property. Mr. Bradbury said if the garage was a standard size of 24’x24’ at the end of the driveway, it would kill the root system of the Japanese Maple tree on the lot, and it would harm the character of the property. He also stated that the garage could be attached to the back of the house, but not without violating the ten foot setback for an attached structure. He stated that the proposed plan is the best overall plan to place the garage on the property. Mr. Bradbury went over the variance points of law. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING July 12, 2011 Page 6 Mr. Williams asked about the second story, and asked if will just have a plywood base, and not finished. Mr. Bradbury agreed, and said it will have electric, no plumbing or water. Mr. Currier asked about the shed, and it’s location up on a small hill, and asked if the garage will be placed in the side of the hill. Mr. Bradbury stated that the garage will be parallel with the driveway, and a foundation wall will be built about four feet below grade, so on one side there will be about three feet above the ground, and the other side will be at grade. SPEAKING IN FAVOR: No One. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Williams to approve the request as presented. Mr. Williams stated that granting of the variance 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 granting the variance will do substantial justice, and owing to the unique circumstances of the property, not granting the variance would result in an unnecessary hardship to the applicant. Mr. Shaw asked to add that it will be a one-story structure. Mr. Williams said it will be single-level structure. SECONDED by Mr. Johnson. MOTION CARRIED UNANIMOUSLY 5-0. MISCELLANEOUS: REGIONAL IMPACT: ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING July 12, 2011 Page 7 The Board did not see any cases of Regional Impact. MINUTES: June 28, 2011: 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 (Mr. Williams abstained). ADJOURNMENT: Mr. Shaw called the meeting closed at 7:46 p.m. Mr. Jack Currier, Clerk CF Taped Hearing