Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING November 9, 2011 A public hearing of the Zoning Board of Adjustment was held on Wednesday, November 9, 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 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. Paul J. Pennell (Owner) 70 Farmington Road (Sheet A Lot 531) requesting the following variances: 1) minimum lot frontage, 75 feet required – 40.57 feet requested, and 2) minimum lot width, 90 feet required – 52 feet requested – both requests to subdivide one lot into two lots. R9 Zone, Ward 7.[TABLED FROM THE OCTOBER 25, 2011 MEETING] Voting on this case: Rob Shaw Gerry Reppucci Rick Johnson Attorney Gerald Prunier, Prunier & Prolman, P.A., 20 Trafalgar Square, Nashua, NH. Atty. Prunier stated that this has been tabled due to acquiring more information about the flooding in the back of these lots. He said that the Board has been given a recent history of correspondence between the engineers about this issue. Atty. Prunier said that what is being proposed is that a ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING November 9, 2011 Page 2 drainage retention area be put on both lots that Mr. Pennell is proposing, to stop the water coming from a northerly direction from the Country Club, and, there will be the removal of the tennis court which will give more area for the water to penetrate the soil. He said that Meridian Land Services has a plan, and Mr. Hearn had his engineer look at the plans, and Fieldstone made some suggestions, and those things were done by Meridian. Atty. Prunier said that reference was made to a Shoreline Permit, which an application is made to the State. He said it’s the third step in the whole procedure, first is here at the Zoning Board with the variances, second is the subdivision approval at the Planning Board, and then it’s the application at the State for the Shoreline Permit, and their regulations need to be complied with. Mr. Shaw asked how the compensatory storage of water will function. Atty. Prunier said it’s a sunken area, that’s supposed to retain any water that comes over and above the normal amount, to let it sink back into the Earth. He said that they’re removing the tennis court, which is a large piece of asphalt, which will allow the water to seep through. Mr. Shaw asked if there will be stone there, or dug out. Atty. Prunier said it will be dug out, and usually they put sand or crushed stone there, and loam on top, then seed it, so it looks like part of a lawn. SPEAKING IN FAVOR: No One. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: Mike Hearn, 21 Eastbrook Drive, Nashua, NH. Mr. Hearn stated that he is confident in moving forward in the process that they will continue to be attentive to the concerns raised, and that they’ll be responsible. SPEAKING IN FAVOR – REBUTTAL: ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING November 9, 2011 Page 3 Atty. Prunier stated that Mr. Hearn should attend the Planning Board hearing, to make sure the plan is complied with. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS – REBUTTAL: None. MOTION by Mr. Reppucci to approve the request on behalf of the applicant. Mr. Reppucci stated that the variances are 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 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 met. SECONDED by Mr. Shaw. Mr. Johnson asked about the engineering data. Mr. Shaw said if there’s any modification to the plans, it may be dictated by the Planning Board. He said if there are any further modifications suggested by the Planning Board, or the State, with the Shoreland Permit, there could be a need to alter the plan, he said that the Board shouldn’t have it so restricting. Mr. Falk said this case has been tabled three times, for this one specific reason. He said it wouldn’t be a bad idea to put in some language that a special condition is that the engineering correspondence is included into the record. Mr. Johnson reiterated that the engineering solutions and correspondence will be included into the record. Mr. Falk said that they have to go to the Planning Board, and they could make changes or other recommendations. MOTION CARRIED UNANIMOUSLY 3-0. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING November 9, 2011 Page 4 2. M. & A. Healey Revocable Trust (Owner) 406 Main Street (Sheet 2 Lot 24) requesting special exception to convert an existing single-family home with office space to a two- family structure. RA Zone, Ward 7. Voting on this case: Rob Shaw Gerry Reppucci Rick Johnson Anna Healey, 406 Main Street, Nashua, NH. Ms. Healey said that the prospective buyer would like to change it from a single- family home to an owner-occupied duplex. She said that for several years, it was a chiropractor’s office, and he lived there. She said there’s approximately 1,400 square feet of office space. She said there will be no new construction outdoors, there is sufficient parking. She said that she has a picture of the house, and showed it to the Board. Ms. Healey said there would be no exterior changes, and inside, it already has a bathroom, and a partial kitchen, they’d need to finish it off. Mr. Shaw asked about the entrances to the house. Ms. Healey said there would be separate entrances, they are already there. She said there are separate utilities too; it’s already set up for a two-family structure. SPEAKING IN FAVOR: Brooke Schoch, 27 Gillis Street, Nashua, NH. Ms Schoch said that they are the prospective buyers of the property. She said the neighborhood already has several other two-family structures nearby, and there will be no change in traffic patterns, or any pedestrian concerns. She said the driveway has room for at least eight parking spaces. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: Jeff Bois, 399 Main Street, Nashua, NH. Mr. Bois asked what makes this request a special exception. Mr. Falk explained why this request is a special exception, and ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING November 9, 2011 Page 5 went over the relevant points of law with respect to special exceptions. Mr. Bois said a two-family environment will not be beneficial to property values, especially to the single-family homes. He said the intent of this area is to be for single-family houses. He said that the integrity of the neighborhood would be changed with two-family houses going in. Mr. Shaw said that in the application, there are several nearby residences identified as two-family homes, and one is a three- family home. He said that they’ve stated that the proposed use is justified due to the other two-family units nearby. He said that property values are not one of the specific criteria to gain approval of a special exception. Mr. Reppucci said that if this request is approved, it will probably result in a lesser intensive use than what was previously there, and, it will be more conforming. He said that this request is bringing the property into more compliance, as it is a residential use, rather than a commercial use. He said that this is a desirable change. Benjamin Moore, 402 Main Street, Nashua, NH. Mr. Moore said that this is a historic district, and there are some multi- families in the area, and the integrity of those homes has a lot more cars parked in their lots, and cars traveling on the lawns more. He said the integrity of the neighborhood, and the look and aesthetics of the neighborhood will change to have multiple cars and multiple occupants. He asked if this can be appealed. Mr. Shaw said that this area is not within the city’s historic district zone. He said that regardless of the Zoning Board’s action, in any case, there is a 30-day appeal period. He went over the appeal process, and stated that if the case is denied, it can only come back to the Board if the Board determines that it is a substantially different request, or there has been a substantial change in the neighborhood, and the scope of the application has changed. Mr. Shaw stated that the application lists 402 Main Street as a three-family. Mr. Moore said that it is a two-family, he said that he lives on one side, and his mother lives on the other side, being an ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING November 9, 2011 Page 6 owner-occupied two-family. Mr. Shaw said he needed to understand what the concern is over the requested application, when it’s the same use. Mr. Moore said he doesn’t rent out the other side of his house, he said his mother lives there for free. Leslie Bois, 399 Main Street, Nashua, NH. Mrs. Bois said their entire side of the street is a single-family use, large homes. She said she fears that two-family units will impact the value of the homes, and that the parking will be a negative issue. Mr. Shaw said that for parking, they’d be required to provide two spaces per unit, for a total of four required spaces, and since they have eight, they meet and exceed the parking requirements. Mr. Reppucci said this zone allows two-family structures, and the parking is sufficient for this use. He said that the request, based upon the testimony, meets all the criteria for a special exception. Mr. Falk described the previous use of an in-home chiropractor’s office, which was last used four or five years ago. He indicated that the grandfathered status of that use is gone, since it hadn’t been used for over a year. Joshua Moore, 402 Main Street, Nashua, NH. Mr. Moore said his concerns are the same as the ones previously iterated. He said that some construction will be necessary to get the unit into full living standards, such as the kitchen. He said he’s concerned with the market values, too. SPEAKING IN FAVOR – REBUTTAL: Anna Healey, 406 Main Street, Nashua, NH. Ms. Healey said that she didn’t think this case would be thought of the way the neighbors have described it. She said they’re trying to bring the use back to residential. She said that 399 Main Street used to be a two-family, but now it’s a single-family home. She said she’s surprised that the neighbors think that just because it’s a two-family home, that the property values will go down. She said it will be an owner-occupied home, and nothing will be changed, it’s a beautiful home, and they’ll just make it better. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING November 9, 2011 Page 7 SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS – REBUTTAL: Benjamin Moore, 402 Main Street, Nashua, NH. Mr. Moore stated that they are concerned with property values. He said that a problem could occur if they sell the property sometime in the future, and it may not be owner-occupied. MOTION by Mr. Reppucci to grant the special exception on behalf of the owner. Mr. Reppucci said that it is listed in the Table of Uses, Section 190-15, Table 15-1, #6. Mr. Reppucci stated that it will not create undue traffic congestion or unduly impair pedestrian safety, it will not overload public water, drainage or sewer or any other municipal systems. Mr. Reppucci said that the special regulations are all fulfilled per testimony, it is in compliance with the special exception regulations in this zone, and the request will not impair the integrity or be out of character with the neighborhood, or be detrimental to health, morals or welfare of the residents. He said that the Board heard opposition that it will be detrimental, but the Board believes it will not be. SECONDED by Mr. Johnson. MOTION CARRIED UNANIMOUSLY 3-0. Mr. Shaw said that there is the 30-day appeal window, which starts tomorrow. MISCELLANEOUS: REHEARING REQUESTS: None. REGIONAL IMPACT: The Board did not see any cases for Regional Impact. MINUTES: October 25, 2011: ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING November 9, 2011 Page 8 Mr. Reppucci stated that he had a revision for page 2, the second paragraph. He said he’d write something up, and e-mail it to Mr. Falk. No vote/action was taken on the minutes. OTHER BUSINESS: Mr. Shaw stated that when they table a case, that they should be clearer regarding the intention when the case is resumed at a later meeting, whether the public hearing is re-opened or not. He said the motions could be clearer. Mr. Reppucci said that it’s possible that Board members could get a different perception on what could or should happen at a future meeting. He said that when the Board tables a case, the Board should define in detail, when it’s tabled, what’s completed and what’s continuing, so there’s no question. Mr. Shaw said the Board should clearly define what the intentions are regarding the case, such as why it’s tabled, and what actions are expected to take at the next meeting, whether it’s a limited public hearing, or no public hearing. Mr. Reppucci said in the motion to table, it should articulate exactly the status and why, and the motion will speak for the Board, so it will eliminate any confusion at future meetings. ADJOURNMENT: Mr. Shaw called the meeting closed at 8:09 p.m. Mr. Rick Johnson, Acting Clerk, for Mr. Currier. CF Taped Hearing