Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING July 10, 2012 A public hearing of the Zoning Board of Adjustment was held on Tuesday, July 10, 2012 at 6:30 PM in the Auditorium at City Hall. Gerry Reppucci, Vice Chair, conducted the meeting. Members present were: Gerry Reppucci, Vice Chair Jack Currier, Clerk (arrived at 7:15 pm) Rick Johnson J.P. Boucher Carter Falk, AICP, Deputy Planning Manager/Zoning Mr. Reppucci explained the Board's procedures, including the points of law required for applicants to address relative to variances and special exceptions. Mr. Reppucci 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. Reppucci also explained procedures involving the timing light. 1. Shaun R. Lessard & Jeanine A. Danzinger (Owners) 14 Laredo Circle (Sheet C Lot 1444) requesting variance to encroach 5 feet into the 25 foot required front yard setback to construct a 5’x26’ front farmers porch. R9 Cluster Zone, Ward 5. Voting on this case: Gerry Reppucci Rick Johnson J.P. Boucher Jeanine Danzinger and Shaun Lessard, 14 Laredo Circle, Nashua, NH Mr. Lessard said they are requesting a variance to put a farmer’s porch on the front of the house, to make it look better, and enhance the neighborhood a little bit. Ms. Danzinger said that the house was built right at the setback line, and the house is on a cul-de-sac. She said there are no Zoning Board of Adjustment July 10, 2012 Page 2 sidewalks around the circle. She said that by encroaching, it will allow them to build the porch. She said they didn’t believe that the City will ever need to widen the roadway. She said the neighbors will not be disturbed. She said they’re just trying to modify the home, and bring up the values. She submitted some pictures of the home to the Board. SPEAKING IN FAVOR: Byron Telage, 16 Laredo Circle, Nashua, NH. Mr. Telage stated that he believes that the proposed farmer’s porch will be a benefit to the neighborhood, and is in support. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Boucher to grant the variance application on behalf of the owner. Mr. Boucher 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 the area variance. Mr. Boucher stated that the use 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 served. SECONDED by Mr. Johnson. MOTION CARRIED UNANIMOUSLY 3-0. 2. Marcel & Odette Lamothe (Owners) 24 Harris Road (Sheet B Lot 301) requesting special exception to maintain a wall constructed in the 75-foot prime wetland buffer of Salmon Brook. R9 Zone, Ward 6. Voting on this case: Gerry Reppucci Rick Johnson J.P. Boucher Zoning Board of Adjustment July 10, 2012 Page 3 Marcel Lamothe, 24 Harris Road, Nashua, NH. Mr. Lamothe stated that he built the retaining wall not knowing anything about the wetland, or how close to the buffer the wall was. He said he received after-the-fact approval from the Conservation Commission. Mr. Reppucci said that there are four conditions of approval from the Conservation Commission. Mr. Lamothe said that he’s already done the first one, and will comply with the others. Mr. Johnson asked when he became aware that he had a violation with the retaining wall. Mr. Lamothe said about a year ago, someone complained from the neighborhood. He said the wall was built about a year ago, and actually lowered it. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Boucher to grant the special exception request on behalf of the owner. Mr. Boucher stated that the use is listed in the Table of Uses, Section 190-112. He stated that the use will not create undue traffic congestion, or unduly impair pedestrian safety. He stated that it will not overload public water, drainage or sewer or other municipal systems. Mr. Boucher stated that the special regulations are fulfilled, they met the nine wetland criteria, and have approval from the Conservation Commission from their June 19, 2012 meeting, with four stipulations of approval. He said that 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. Mr. Boucher said the special conditions are that the nine wetland special conditions are met. Zoning Board of Adjustment July 10, 2012 Page 4 SECONDED by Mr. Johnson. MOTION CARRIED UNANIMOUSLY 3-0. 3. Roger Lambert (Owner) 21 Natick Street (Sheet F Lot 257) requesting variance to encroach 7 feet into the 20 foot required front yard setback to construct an attached 28’x30’ two-car garage with living space above. R9 Zone, Ward 1. Voting on this case: Gerry Reppucci Rick Johnson J.P. Boucher Roger Lambert, 21 Natick Street, Nashua, NH. Mr. Lambert said he had the property surveyed, and checked out by Cuoco & Cormier. He said they want a garage down below, and update the space up above for an updated garage. He submitted a drawing of what the addition would look like. He said he showed the plan to all the neighbors, and they are all happy about it, and submitted signatures from all the neighbors stating that they are in support. Mr. Boucher asked what the plans are for the second story space. Mr. Lambert said they plan on revamping the entire current kitchen, and moving the dining area to the front part of the addition, and the back portion will be part of a living room. He said it will not be another living unit. SPEAKING IN FAVOR: Tom, Lorraine Horne, 22 Natick Street, Nashua, NH. Mr. Horne said that several of the immediate neighbors enjoy a two-car garage, and they’d welcome the addition with the garage. He said they need to update their kitchen. Mrs. Horne said they live right across the street, and they would welcome the addition. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. Zoning Board of Adjustment July 10, 2012 Page 5 MOTION by Mr. Reppucci to grant the variance application on behalf of the owner. 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 the variance. Mr. Reppucci stated that the use is within the spirit and intent of the ordinance, it is in character with the neighborhood, it will not adversely affect the property values of surrounding parcels, in fact, the request may enhance the area, it is not contrary to the public interest, and substantial justice is served. Mr. Reppucci said the addition will allow them to re-do the kitchen, but it will not result in a second living space up there. SECONDED by Mr. Boucher. MOTION CARRIED UNANIMOUSLY 3-0. 4. Public Service Company of NH (Owner) 81 Daniel Webster Highway (location of substation), (Sheet A Lot 179) general vicinity of Farmington Road, Fairhaven Road and South Main Street – requesting special exception to work within an “other” wetland and wetland buffer to replace two buried distribution lines with overhead lines within the P-134 PSNH transmission line right-of-way. R9 and RA Zones, Ward 7. Voting on this case: Gerry Reppucci Rick Johnson J.P. Boucher Sherry Trefry, GZA Environmental, Inc., Manchester, NH. Ms. Trefry said they are representing Public Service of NH for this project. She said the 389 line within the right-of-way has failed. She said PSNH must reconfigure the electrical system to continue to provide power that is lost. She said the line needs to be replaced to restore the functionality of the line. She Zoning Board of Adjustment July 10, 2012 Page 6 said there is another direct buried line that feeds South Main Street, and it is about thirty years old, and it should be replaced as well, it’s about 1,400 feet long. She said the replacement of the two buried lines with new overhead distribution lines will be less intrusive to the wetlands that are there. She said they install new poles, and transfer the wires and equipment over, then remove the old poles. Ms. Trefry said there is about 14,380 square feet of temporary wetland buffer that will be impacted, and 8 square foot for the installation of poles, for two poles. She said that they are very protective of the environment, and whatever land is disturbed, will be graded, loamed and seeded, and restored. She said that GZA will be on-site when the work is being done, and will ensure that they are in compliance and providing recommendations with regards to any environmental issues. Mr. Johnson asked what have been some of the neighbors concerns with the project. Mr. James Mayo, PSNH. Mr. Mayo said the concerns so far have been the type of structures that are being used. He said the existing structures are round, wood poles. He said the neighbors weren’t interested in the steel poles. He said they’re working with their design department to have laminated poles, they’re more acceptable. He said they’re like a rectangular shape, they’re like a laminated wood. He said they’re putting the replacement poles in the same location as the old poles. Mr. Johnson asked about traffic going to the construction areas. Mr. Mayo said the work is all in the right-of-way, so they’re off the street for a lot of the work. He said nothing is blocking the street. Mr. Reppucci stated that this request is solely to work within the wetland buffer and its impacts. He said the Board will not discuss a lot of the technical issues about the poles, or the service or wires. SPEAKING IN FAVOR: No one. Zoning Board of Adjustment July 10, 2012 Page 7 SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: Paul Zeilie, “L” Farmington Road, Nashua, NH. Mr. Zeilie asked about the wetlands, and how they are designated. Mr. Falk said the City has determined this area to be “other” wetlands, not critical or prime. He said the applicant submitted a drawing depicting the wet areas, and this was verified by their wetland scientist. Judy Bocheck, 560 South Main Street, Nashua, NH. Ms. Bocheck asked how much taller the new poles will be. Eric Brand, 19 Eastbrook Drive, Nashua, NH. Mr. Brand stated that he’d have concerns if they use his driveway, as the last time there was some unrepaired damage to it. He asked about the poles and the wiring, and the aesthetics of the new improvements. He said he’s concerned with the wetland area. SPEAKING IN FAVOR – REBUTTAL: James Mayo, PSNH. Mr. Mayo said that the company is looking at all the 115 lines in the State, to ensure that they have sufficient clearance. He said this area has a problem right where Fairhaven and Farmington Road splits, he said there are a lot of issues in this neighborhood, they only want to come out here once to disturb the neighborhood. He said that they’d love to share their drawings with the neighborhood so everyone is aware of what will happen. He said if any of the neighbors have any concern, they need to contact himself, as the project manager, and if that doesn’t work, they should contact the Public Utilities Commission. Mr. Currier asked if the wetlands were flagged by a Certified Wetland Scientist. Ms. Trefry said that a Certified Wetland Scientist from GZA, James Long, delineated them and flagged them, and located them on a survey. Mr. Mayo said that all the homes built here were built after the easement was in place. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: Zoning Board of Adjustment July 10, 2012 Page 8 None. 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. He stated that the use will not create undue traffic congestion, or unduly impair pedestrian safety. He said the testimony was that they do expect to be working in a public street doing one pole, which is standard procedure. He stated that it will not overload public water, drainage or sewer or other municipal systems. Mr. Reppucci stated that the special regulations are fulfilled. He said that 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. Mr. Reppucci said the special conditions are that Public Service recognizes the two requirements listed by the Conservation Commission letter dated June 26, 2012, also, to include the minutes of the Conservation Commission meeting. SECONDED by Mr. Johnson. MOTION CARRIED UNANIMOUSLY 3-0. 5. Joseph B. Lemere & Sabine H. Manoli (Owners) Jeffrey S. Teeple & Abby R. Logan (Applicants) 0 Ashland Street (Sheet 64 Lot 191) requesting variance from minimum lot depth, 90 feet required, 75.1 feet proposed (from Ashland Street). RA Zone, Ward 2. [PREVIOUSLY APPROVED BY ZBA ON 1-9-08 AND 5-25-10]. Voting on this case: Gerry Reppucci Jack Currier Rick Johnson J.P. Boucher Jeff Teeple & Abby Logan, 67 Stearns Road, Amherst, NH. Mr. Teeple said they are requesting to place a single family home at the proposed location. He said the variance is for the lot width of 75 feet, where 90 feet is required. Ms. Logan said it’s a great neighborhood, and a nice place to Zoning Board of Adjustment July 10, 2012 Page 9 for a growing family. She said they will build a very nice home there. She said in looking at the past approvals for this same request, the proposed home was much closer to the side property line of 2 Ashland Street. She said they are proposing a 15 foot side setback, to allow for additional space. Mr. Currier asked what the setbacks are. Mr. Falk said it is 10 feet in this zone. He said since it’s a corner lot, there are two front yards and two side yards. SPEAKING IN FAVOR: Joe Lamere, 50 Wellington Street, Nashua, NH. Mr. Lamere said he used to own 2 Ashland Street as well. He said they purchased 2 Ashland and 0 Ashland Street at different times. He said it’s a nice plot of land, and it’s nice to see that it will enhance the neighborhood. He apologized for missing the previous deadline and not getting building permits. SPEAKING IN OPPOSITION, OR WITH QUESTIONS OR CONCERNS: Andy Morrow, 70 Manchester Street, Nashua, NH. Mr. Morrow said he’s lived there since 1978, and it’s right across the street. He said he’s concerned about the height of the house, and where the driveway will be, and most of all, parking behind the stop sign. Mr. Reppucci said that no matter what, they’d have to meet the zoning ordinance. He said there’s no indication that the driveway will not meet the ordinance. Mr. Morrow said that he is concerned about the safety at this intersection, as cars park on both sides, and at certain times there are a lot of cars parking there. Colleen Murphy, 2 Ashland Street, Nashua, NH. Ms. Murphy asked about the 6 feet vs. 10 feet setback issue. Mr. Reppucci said that the applicant has a 10 foot setback, from the property line to the proposed house location. He said they are planning on building the house at a 15 foot setback, in consideration of the fact that 2 Ashland Street is closer to their own property line. He said they’re trying to be accommodating and to give a little extra space. Zoning Board of Adjustment July 10, 2012 Page 10 SPEAKING IN FAVOR – REBUTTAL: Ms. Logan said that they have the same safety concerns, and safety is of the most utmost importance. She said they are not positive on the exact driveway location, but it will be placed as far as it can be from the stop sign. She said they’re concerned about pulling in and out of their own driveway, as well as family and friends parking safely. Mr. Reppucci said that they are going to work with the Street Department about a curb-cut permit. Mr. Currier said that the plans indicate that the overhead garage doors directly face 2 Ashland Street. Ms. Logan said they’re not sure how the driveway will be oriented, it is still in a design stage. She said if the driveway cannot accommodate the garage doors on that side, it’ll be re-oriented towards the front, facing Ashland Street. She said they haven’t done any major plans yet, as they still don’t own the property. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS – REBUTTAL: Dan Provencher, 2 Ashland Street, Nashua, NH. He said his primary concern is if a driveway would go up the side property line, and turn into the house. He said it seems like a driveway and a garage is being crammed into an area to compromise for not having enough lot depth. Mr. Reppucci said that the applicant is meeting all the setback requirements as set forth in the ordinance. He said they don’t need a variance for the garage or the driveway right now. He said if the applicant wanted to build a detached garage, they could do so, and it would only be required to be six feet from the side property line. Ms. Logan said they’d be happy just pulling a car straight in to the garage. She said she’d be ok with a stipulation stating such. MOTION by Mr. Currier to grant the variance application on behalf of the owner. Mr. Currier stated that the variance is needed to enable the applicant’s proposed use of the property, Zoning Board of Adjustment July 10, 2012 Page 11 which is a single-family home, and without this variance, it would render the property not usable for a home, and it would remain in the shape it’s in now, which is within the spirit and intent of the ordinance. Mr. Currier said the use is in character with the neighborhood, there will be a normal sized house there, per testimony. He said it will not adversely affect the property values of surrounding parcels, in fact, the request may enhance the surrounding area, it is not contrary to the public interest, and substantial justice is served. Mr. Currier said a stipulation of approval is that the vehicle entrance to the garage shall not face 2 Ashland Street, but will face the street. SECONDED by Mr. Boucher. MOTION CARRIED UNANIMOUSLY 4-0. REGIONAL IMPACT: The Board did not see any cases that are Regional Impact. MINUTES: June 12, 2012 and June 26, 2012: MOTION by Mr. Currier to approve the minutes as presented, waive the reading, and place the minutes in the file. SECONDED by Mr. Johnson. Mr. Reppucci said that since the Lamb Road case is coming back, he said he didn’t review those minutes. He said that 11 Lamb Road is coming back to the next meeting, and wanted to review the June 12, 2012 minutes a little more. AMENDED MOTION by Mr. Currier to table the June 12, 2012 minutes to the next meeting. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 4-0. Zoning Board of Adjustment July 10, 2012 Page 12 ADJOURNMENT: Mr. Reppucci called the meeting closed at 8:25 p.m. Submitted by: Mr. Johnson, Acting Clerk. CF Taped Hearing