Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING January 24, 2012 A public hearing of the Zoning Board of Adjustment was held on Tuesday, January 24, 2012 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 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. Hamilton Realty Corporation (Owner) 369 Amherst Street (Sheet G Lot 26) requesting the following variances: 1) to exceed maximum number of wall signs, 3 permitted, 3 existing, an additional 9 wall signs proposed; and 2) to exceed maximum wall sign area, 102.7 square feet existing, 142.5 square feet allowed – 226.2 square feet proposed. GB Zone, Ward 2. Voting on this case: Rob Shaw Gerry Reppucci Jack Currier Rick Johnson Marybeth Murphy, Real Estate Department, Sullivan Tire, Nashua, NH. Ms. Murphy stated that they are looking for directional signage over the bay doors, indicating the type of services they do. She said it will better direct customers to what services are provided, such as alignments and brakes. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING January 24, 2012 Page 2 Mr. Currier said that the application indicated that the signs existed previously, and asked how long the pre-existing signs were there. Ms. Murphy said between fifteen and twenty years. She said they removed the Goodyear Tires signs. She said they were initially told that they were directional signage, but after further review, the signs were considered as wall signage, hence, the variance application. Mr. Reppucci asked if some of the signs are visible from Amherst Street, and some are not. Ms. Murphy said that is correct, there are four along the front that face Amherst Street, and on the right hand side, there are three small bays and two large bays down the back of the building, which are the alignment bays. Mr. Reppucci said if he was on the Everett Turnpike going towards Amherst, he’d see the elevation with the two tall bays that say Lube, Oil and Tune-up. Ms. Murphy said yes. Mr. Currier asked if the older signs were permitted, and re- reviewed, and asked about the history. Mr. Falk said he wasn’t aware of any older permits for the signs. He said these are all new signs, some are 18 square feet, some are 15 or 12½ square feet. He said the best thing they could do is to apply for a variance. Mr. Shaw asked if there were nine previous signs above the bays. Ms. Murphy said yes. Mr. Shaw asked if they were an equivalent size as the ones being requested. Ms. Murphy said she has pictures of what was there, but wasn’t sure of the exact dimensions. She showed them to the Board. She said they’re individual letters stuck on the building. SPEAKING IN FAVOR: ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING January 24, 2012 Page 3 No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Reppucci to approve the request 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 values of surrounding parcels, they are basically replacing signage that existed earlier; it is not contrary to the public interest, and substantial justice would be done. SECONDED by Mr. Johnson. MOTION CARRIED UNANIMOUSLY 4-0. 2. Nancy J. & Michael J. Morton (Owners) 4 Wakefield Drive (Sheet B Lot 656) requesting variance for maximum accessory use area, 40% allowed, 40% existing - 55% proposed, to erect a 12’x16’ shed. R9 Zone, Ward 9. Voting on this case: Rob Shaw Gerry Reppucci Jack Currier Rick Johnson Nancy Morton, 4 Wakefield Drive, Nashua, NH. Mrs. Morton stated that they don’t have any storage space, and their cars barely fit into the garage, so, the shed is necessary. Mr. Shaw said that the Board has the application, and said that it was thorough, and addressed the points of law. Mr. Shaw asked to confirm that it will be a single story shed, with no utilities, or special occupancy. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING January 24, 2012 Page 4 Mrs. Morton said that is correct. Mr. Currier said that the backyard cannot be seen from the street, and even with the shed, asked if there is reasonable room for the family with the proposed 55%. Mrs. Morton said that the back yard is just grass; the shed would go behind the pool. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Johnson to grant the variance on behalf of the owner. Mr. Johnson said that the variance is needed to enable the applicant’s proposed use of the property, it is a benefit to the applicant and will not bother the neighbors, and 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. Johnson 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 being done. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 4-0. 3. Maria Von Doellinger & Elias Ferreira (Owners) 2 Greenwood Drive (Sheet B Lot 1566) requesting variance to maintain an existing 10’x16’ shed encroaching 2 feet into the 6 foot side yard setback. R9 Zone, Ward 9. Voting on this case: Rob Shaw Gerry Reppucci ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING January 24, 2012 Page 5 Jack Currier Rick Johnson Elias Ferreira, Maria Von Doellinger, 2 Greenwood Drive, Nashua, NH. Mr. Ferreira said it is an existing shed, and there was one there before. He said the old one was dangerous, and it was 2 feet from the side setback line. He showed the Board some photos. Mr. Ferreira said that the old shed did not have any electricity, and it was right up against the fence, about a foot away. He said the next door neighbor is ok with the shed. Mr. Johnson asked how the electricity was brought to the old shed. Mr. Ferreira stated that it came from the house, underneath the ground. He said he took the wiring out, and there will be no electricity in the new shed. Mr. Reppucci asked when the Board had the other application for the daycare, if the City knew about the new shed. Mr. Falk stated that after they came in for the permit for the daycare, the inspector indicated that the shed was very new, and staff checked the older aerial photos and noticed it was different. He stated that they didn’t receive a building permit for the new shed, and Staff wasn’t aware of the setback issue until after the daycare case was already decided upon. Mr. Currier asked if it is a big problem to move the shed over two feet, to meet the ordinance. Mr. Ferreira stated that the shed is full, and it would be a lot of work involved with moving it. Mr. Shaw said that the 40% accessory structure rule is based upon 40% of the size of the structure, not the lot size. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING January 24, 2012 Page 6 No one. Mr. Currier asked if there was any record of the old shed, or any permits. Mr. Falk said that there are no records of any building permits for the old shed, but has seen it many years worth of aerial photos. Mr. Johnson said the shed is clean, and built very nicely, and didn’t see it as a detriment to the neighbors, and didn’t see the benefit of moving it over two feet. Mr. Reppucci agreed, and stated that by making them move the shed over two feet is punitive, and couldn’t see making them do that. He said it looks good, and no one has complained about it, and is supportive of the request. Mr. Shaw stated that there is no concern expressed by the neighbor, and there is no opposition present, and the fence between the property line and the encroaching structure makes a big difference in this situation. He said the fence is acting like the demarcation of the yard, and the impact to the neighbor is greatly reduced. MOTION by Mr. Reppucci to approve 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, it is a benefit to the applicant and will not bother the neighbors, and 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 values of surrounding parcels, there was no testimony for or against it, it is not contrary to the public interest, and substantial justice would be done. SECONDED by Mr. Johnson. MOTION CARRIED UNANIMOUSLY 4-0. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING January 24, 2012 Page 7 MISCELLANEOUS: REHEARING REQUESTS: None. REGIONAL IMPACT: Mr. Falk said there is an extra week for applicant’s to apply, and the Agenda is not set yet. Mr. Shaw said that for proposed Case #2, 91 Farley Road, the Town of Hollis will be notified. MINUTES: December 13, 2011: The Board did not take any action on the minutes, they are deferred to the next meeting. January 10, 2012: MOTION by Mr. Johnson to approve the Minutes as presented, waive the reading, and place the Minutes in the file. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 3-0-1 (Mr. Currier abstained). OTHER BUSINESS: By-Laws, and Election of Officers for 2012: Mr. Shaw asked about changing the portion about the adoption date of the Ordinance, in Section 1. He said for the calendar, in Section 5, for December, it shouldn’t say that the Board meets on the first Tuesday of the month, he said it should state the second Tuesday. Mr. Falk said that staff will make the appropriate changes and present the revised By-Laws at the next meeting. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING January 24, 2012 Page 8 Mr. Shaw said he’d like to be considered for Chair again this year. MOTION by Mr. Johnson for Mr. Shaw to be Chair. SECONDED by Mr. Currier. MOTION CARRIED UNANIMOUSLY 3-0. MOTION by Mr. Shaw to nominate Mr. Reppucci as Vice Chair. SECONDED by Mr. Johnson. MOTION CARRIED UNANIMOUSLY 3-0. MOTION by Mr. Reppucci to nominate Mr. Currier as Clerk. SECONDED by Mr. Johnson. MOTION CARRIED UNANIMOUSLY 3-0. MOTION by Mr. Johnson to approve the Official slate of Officers as mentioned. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 4-0. ADJOURNMENT: Mr. Shaw called the meeting closed at 7:27 p.m. Submitted by: Mr. Jack Currier, Clerk. CF Taped Hearing