Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING July 26, 2011 A public hearing of the Zoning Board of Adjustment was held on Tuesday, July 26, 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 (arrived at 6:35) 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. Susan S. Carr (Owner) 35 Ashland Street(Sheet 60 Lot 49) requesting variance to encroach 10 feet into the 20 foot required front yard setback (on Plymouth Avenue) to construct a detached 16’x32’ shed. RA Zone, Ward 2. Voting on this case: Rob Shaw Gerry Reppucci Jack Currier Ryan Williams Rick Johnson Scott Carr, 35 Ashland Street, Nashua, NH. Mr. Carr stated that they want to encroach ten feet into the front yard setback. He said there is a fence, and a row of 40-year old pine trees between the area and the road. He said the area where the shed would go is in the most convenient spot, as the yard has an awkward shape. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING July 26, 2011 Page 2 Mr. Williams asked if the garage is already under construction. Mr. Carr said the base and walls are laid out. Mr. Williams asked what the height will be. Mr. Carr said it will be less than a 4 pitch roof, and it won’t be very tall. He said the shed will match the house with its siding materials. Mr. Reppucci asked if there was a stop-work order. Mr. Carr said they were going to get a permit, and got a little further along than expected. He said he didn’t know how the stop-work order was generated. He said that none of the neighbors said anything to him, and none have showed up at the meeting. Mr. Johnson asked what will be in the shed. Mr. Carr said lawn and garden equipment, his daughter’s artwork, and other items. Mr. Johnson asked if a smaller shed was contemplated. Mr. Carr said no, that the proposed shed would be the best fit for their needs. Mr. Johnson asked about the distance from the shed to the property line. Mr. Carr said from the edge of pavement, there is four feet to the fence, and then there is three feet to the back edge of the pine trees, and then there is three or four feet to the pine trees for the shed, so, it’s ten feet. Mr. Reppucci asked if the shed is going to be one big open space, or will it have partitions inside. Mr. Carr said there will be one small partition, to store the artwork, it’ll be about eight feet, in a separate area. Mr. Reppucci asked if there is a drawing or sketch of the proposed shed. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING July 26, 2011 Page 3 Mr. Shaw asked if the intent is to be ten feet from the edge of the pavement. Mr. Carr said yes. Mr. Shaw said that often times, the pavement edge and the property lines can be offset by several feet. He said they might be encroaching even more into the setback. He said he wanted to have confidence that it’s ten feet, and not less. Mr. Carr said he’s confident he’s accurate with the measurement. Mr. Williams asked if he’d be willing to accept a stipulation that the treed buffer would remain. Mr. Carr said yes, and they’re actually going to be planting more. Mr. Currier asked if electric and plumbing will be installed in the shed. Mr. Carr said no plumbing, but there would be an outside outlet. He said it’s a shed. Mr. Currier said he wants to ensure that the treed buffer remains in place. Mr. Reppucci asked the circumstances of the stop-work order. He said that it’s a huge shed, and wanted to know the circumstances behind the stop-work order. Mr. Currier agreed, and stated that it is relevant to know how the stop-work order was generated, whether it was a city inspector driving by, or a neighbor complaint. Mr. Johnson said he hasn’t heard anything for the justification for the 32 foot long building, it is quite prominent, especially that close to the road. He said he also wanted to know the circumstances behind the stop-work order. Mr. Falk found the stop-work order, and said it just stated that they were building a shed without a permit. Mr. Williams said the testimony we hear from abutter is ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING July 26, 2011 Page 4 relevant, because it is evidence about the character of the neighborhood. He said it doesn’t appear that we have enough information to go on. Further discussion ensued about the stop-work order. SPEAKING IN FAVOR: No One. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Currier to table the request to the August 9, 2011 meeting. Mr. Currier stated that the Board asks that the applicant make some marker as to where the peak of the roof will be, and that Mr. Falk obtain the history of the stop-work order, as it may or may not exist, and that the Board will re-convene in two weeks, and deliberate on the case. Mr. Currier stated that the Board should have the Public Hearing, if the applicant or an abutter would like to speak, or any other testimony. Mr. Shaw said the tabling will allow for the option of a Public Hearing. Mr. Currier said the applicant can have some more persuasive testimony as to how this will be a good thing, and maybe there will be additional testimony. Mr. Shaw said that the Board is asking for more information to be more consistent with the Public Hearing. SECONDED by Mr. Shaw. Mr. Williams stated that he wanted to amend the motion to have the applicant submit a more detailed plan, dictating and demonstrating all the different dimensions of the shed. Mr. Currier said it should have the dimensions of the wall height, and the peak of the roof on the drawing. MOTION CARRIED 5-0. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING July 26, 2011 Page 5 2. Kelley A. Paquin (Owner) 4 Lynde Street (Sheet 65 Lot 236) requesting variance to exceed maximum accessory use area, 40% permitted, 52% proposed, to install an above-ground pool. RA Zone, Ward 3. Voting on this case: Rob Shaw Gerry Reppucci Jack Currier Ryan Williams Rick Johnson Kelly Paquin, 4 Lynde Street, Nashua, NH. Ms. Paquin said the pool would be 15’x30’ oval pool, and is requesting to exceed the maximum accessory area by 12%. She said she knew she needed a building permit, and filled out the application, and met the setbacks, but was over on the accessory area, and needed to apply for a variance. She said she mentioned that she was doing this with her neighbors. She said that sand was delivered and spread out, and boxes delivered, but no construction has taken place yet. She showed the Board some pictures. Ms. Paquin said that she’d go in with the neighbor on a fence, to help block the view, and help with safety concerns. Mr. Williams asked if it was cost-prohibitive for her to pay for the entire cost of a fence. Ms. Paquin said it would really stretch her budget, but could do it if it made everyone happy. She said she’d put in a locking latch to close the gate. SPEAKING IN FAVOR: No One. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: Muriel Credle, 7 Rockland Street, Nashua, NH. She said she is the abutter to the west. She said the pool will be six feet from her property line. She said there is an issue as to exactly where the property line is located, and said the property should be surveyed so that everyone knows where the ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING July 26, 2011 Page 6 property line is. She said that the pool delivery company put some boxes on her property. Further discussion ensued about the property lines, and surveying, and the Board stated that is not the issue for tonight’s hearing, it’s only for the accessory use area. Mr. Williams asked if Ms. Credle is comfortable with the pool itself. Ms. Credle said she is not. Mr. Reppucci said it isn’t within the Board’s scope to mandate that someone survey their property, however, the application is within the Boards purview, to be a certain distance to a property line. He said if there’s a dispute over the property line, it is between the homeowners. He said the boundary dispute is irrelevant to the Board. SPEAKING IN FAVOR – REBUTTAL: Ms. Paquin said the ladder has a gate that goes over the steps, so no children can walk up it, and it has a lock on it. She said the installation of the fence is just being done in good will. She said that she told the pool delivery persons to move the boxes, and said that she apologized. She said nothing is built on the property, the only thing that’s been done is that sand has been delivered. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS – REBUTTAL: Ms. Credle asked what happens when the kids outgrow the pool. Further discussion ensued. 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 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 use is within the spirit and intent of the ordinance, it will not adversely affect the property ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING July 26, 2011 Page 7 values of surrounding parcels, it is not contrary to the public interest, and substantial justice is done. SECONDED by Mr. Williams. Mr. Williams stated that the applicant is serious with working with the neighbor. MOTION CARRIED UNANIMOUSLY 5-0. 3. Scott Gagnon (Owner) 130 Manchester Street (Sheet 137 Lot 164) requesting variance to exceed maximum driveway width, 24 feet allowed – 36 feet requested. RA Zone, Ward 2. Voting on this case: Rob Shaw Gerry Reppucci Jack Currier Ryan Williams Rick Johnson Mr. Scott Gagnon, 130 Manchester Street, Nashua, NH. Mr. Gagnon said that the driveway is 17 degrees, and bumpers are always being scratched entering/leaving the driveway, and you have to enter the driveway at a 45 degree angle, very slowly. He said it is two cars wide, but tapers into a one-car width near the garage. He said they wish to widen it, so that two cars can park near the top, and, have the horseshoe, so that the grade would be lower, to approach the driveway at an easier angle. Mr. Gagnon said if the horseshoe is allowed, it will lower the driveway by about four feet. He said they have two young children, and there are other children in the neighborhood who play out there, and the slope is dangerous. He said with the new driveway, it will be much safer, especially in the winter. He said that many of the neighbors on this side of the street have horseshoe shaped driveways. Mr. Gagnon said that many large trees are gone, which will help lower the grade, and there will be a retaining wall there to help as well. SPEAKING IN FAVOR: ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING July 26, 2011 Page 8 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, as it is a horrendous driveway situation, and there is great concern for the safety of their children, and this will greatly alleviate the issue by incorporating the horseshoe driveway, and owing to the unique circumstances of the property, not granting the variance would result in an unnecessary hardship to the applicant. SECONDED by Mr. Johnson. MOTION CARRIED UNANIMOUSLY 5-0. MISCELLANEOUS: REGIONAL IMPACT: The Board did not see any cases of Regional Impact. MINUTES: July 12, 2011: MOTION by Mr. Reppucci to approve the minutes as presented. SECONDED by Mr. Johnson. MOTION CARRIED UNANIMOUSLY 5-0. ADJOURNMENT: Mr. Shaw called the meeting closed at 8:16 p.m. Mr. Jack Currier, Clerk CF ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING July 26, 2011 Page 9 Taped Hearing