Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING January 22, 2013 A public hearing of the Zoning Board of Adjustment was held on Tuesday, January 22, 2013 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 J.P. Boucher 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. Alan B. Ferman (Owner) 52 Fairmount Street (Sheet 127 Lot 48) requesting variance to maintain additional driveway width, 24 feet allowed, 41 feet existing. RB Zone, Ward 4. Voting on this case: Rob Shaw Gerry Reppucci Jack Currier J.P. Boucher Alan Ferman, 52 Fairmount Street, Nashua, NH. Mr. Ferman said that the driveway was put in a couple years ago. He said he was not aware that he exceeded the maximum driveway width. He said he contacted the paving company, and they didn’t do anything about it. He said he’s talked to all his neighbors, and they are fine, he said he has some letters of support. Mr. Ferman said that the house is a corner lot, the streets in the neighborhood are narrow, without sidewalks. He said when company comes over, there is nowhere to park, except on either the lawn, or the street. Zoning Board of Adjustment January 22, 2013 Page 2 Mr. Currier asked if the driveway connects around to the other one, like a drive-thru. Mr. Ferman said it’s just lawn, but in the winter, he drives through from one side to another on the snow. Mr. Currier asked if driveways get added in towards the open space calculation. Mr. Falk said that driveways do count against the open space percentage, because it is a man-made object, and is not permeable. SPEAKING IN FAVOR: Letters in favor from the following neighbors: Sandra Belknap, 40 Fairmount Street, Nashua, NH Michael Livingston, 4 Carver Street, Nashua, NH Richard Lindof, 52 Fairmount Street, Nashua, NH Gerard Ouellette, 54 Fairmount Street, Nashua, NH Joseph Swetkla, 51 Fairmount Street, Nashua, NH Mr. Reppucci asked how this request came before the Board. Mr. Ferman said that as far as he knows, he got a certified letter from the City stating that there is a violation, and a variance must be applied for. He said he thinks they got it from a GIS overhead photo. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Reppucci to grant the request 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 area variance. Mr. Reppucci stated that the request is within the spirit and intent of the ordinance, it will not adversely affect the Zoning Board of Adjustment January 22, 2013 Page 3 property values of surrounding parcels, the abutters that did respond did so positively, it is not contrary to the public interest, and substantial justice is served. SECONDED by Mr. Boucher. MOTION CARRIED UNANIMOUSLY 4-0. 2. Gary E. & Kathleen H. Nelson (Owners) S.W.L.C., Inc., d/b/a World Academy (Applicant) 138 Spitbrook Road (Sheet B Lot 76) requesting the following variances: 1) to exceed maximum allowed number of identification signs, 1 permitted, 2 proposed; 2) to exceed identification sign area, 12 sq.ft allowed, 56 sq.ft proposed; 3) to allow an identification sign to be located within the City right-of- way, the other identification sign is proposed within the 25-foot required front yard setback; 4) to exceed maximum number of wall signs, 1 permitted, 2 proposed; 5) to exceed maximum wall sign area, 6 sq.ft allowed in lieu of a ground sign, 112.75 sq.ft proposed, at 79.75 and 33 sq.ft; 6) to exceed maximum size of directional signs, 6 sq.ft allowed, 6.875 sq.ft proposed; and, 7) to exceed corporate logo/symbol area on 5 proposed directional signs, 33 percent allowed, 50 percent proposed. R18 Zone, Ward 8. Voting on this case: Rob Shaw Gerry Reppucci Jack Currier J.P. Boucher Attorney Thomas J. Leonard; Welts, White and Fontaine, P.C., 29 Factory Street, Nashua, NH. Atty. Leonard passed out a package for the Board members, and two letters in support from abutters. Mr. Boucher stated that Atty. Leonard is on the Board of Directors for Pennichuck, and he works for Pennichuck. He said that he didn’t feel like he had any conflict of interest. The Board members agreed, and said it is ultimately Mr. Boucher’s call to sit on the case. Mr. Boucher said he felt comfortable voting on the case. Zoning Board of Adjustment January 22, 2013 Page 4 Atty. Leonard described the location of the World School, which is located in the R18 zone, and some of the surrounding uses and signs nearby. He stated that the school is from 6-week old infants through 8th graders. He said they’ve worked with an architect to get a master scheme of signage, to be coordinated throughout the site. Atty. Leonard said that the property has a very unusual right- of-way area, as identified on the map. He said that the difficulty is that this area, being in a residential zone, the allowed size is a problem. He said that two previous variances have been granted, one for setbacks and one for square footage. He said when Spitbrook Road was expanded, they straightened out the right-of-way, which took it away from the World School property, so it causes the World Academy property to be eighty feet from the pavement. He said that the “G-2” sign will be located on the World Academy property. He said that the “G-1” sign is not on their property, it would be in the land owned by the City. He said that the Department of Public Works has agreed to allow the sign in the right-of-way, and a written agreement will be signed. He said there will ultimately be two ground signs, at a reasonable size and distance from the street. He said that should the City ever need to work within the area of the right-of-way, the owners would be required to remove or relocate the signs at their expense. Atty. Leonard said that the size of the logo exceeds the 33% requirement, and the proposed logo is 50%. He said that only one of the four proposed signs will even be visible from the public street. Atty. Leonard said on page 4, it shows the proposed building wall signs, one is over the entrance to the building, it’s 79.75 square feet, and the second one is on page 5, it identifies the gymnasium and theater arts. He said that this sign is comprised of 12-inch letters. Atty. Leonard stated that the setback they are asking for is 0, and in the area where World School owns the property, there is a need for a 0 foot setback because the distance from the pavement. Zoning Board of Adjustment January 22, 2013 Page 5 Atty. Leonard went through the required five points of law for a variance. Mr. Reppucci asked what circumstances would cause the City to expand Spitbrook Road. Atty. Leonard stated that they do have space to move it back somewhat, and that is their agreement with the City. Mr. Currier asked what variances have been approved for signs at this location in the past. Atty. Leonard said there was a variance granted in 2010 for a ground sign that was never installed, it would have been right in the middle of the lot. He said that some Board members even stated that they believed that wasn’t the best solution, and that there should be two signs, at the entrance and exit. He said there was an earlier variance granted that allowed for the presently existing sign, which is at the entrance area, it was for setback and the area. Atty. Leonard said that all of the existing signage is being replaced by the new scheme. Mr. Currier asked about the height of the directional signs. Atty. Leonard said the lettering is 36 inches off the ground, to allow for landscaping and snow storage. He said the sign itself starts there, and goes up another 30 inches. He said the total height is 102 inches. He said he was puzzled why they’re asking for 8½ feet, it seems excessive. Atty. Leonard said that the signs are narrow. He said the height is not an issue, it’s only when they’re seen from a public right-of-way. He said the design fits in with the overall scheme for the property, and this is what the architects came up with. Mr. Falk said that the height is ok for the directional signs, as the sign ordinance does not have a maximum height. Mr. Boucher asked about the height of the ground signs. Zoning Board of Adjustment January 22, 2013 Page 6 Atty. Leonard said the proposed height is less than what the code maximum is, and a variance is not being requested for the height. Mr. Falk said it looks as if they’re six or seven feet tall, he said the text is 16 inches tall, and the poles look to be about four times that. He said that the signs are 28 square feet in area. Mr. Shaw said that he is concerned about the size of the text for the “exit only” and the “main entrance”, he asked if it is big enough. Atty. Leonard said that they discussed and considered the size of these two signs, he said it was a balancing, he said that they knew they were over on the square footage, so they tried to minimize the size of them, and the architect designed it. SPEAKING IN FAVOR: Richard Cane, The John Flatley Company. Mr. Cane stated that they own the Nashua Technology Park, as well as Tara Commons. He said that Tara Commons has similar problems, when the State widened Spitbrook Road, and created a very wide right-of-way through there, for the amount of pavement that was constructed. He said many years ago, they were before the Board for relief for the Technology Park, to bring the sign right up to the property line, and were granted that because it was a unique and unusual condition, and a similar situation exists with the World Academy, it’s a school use in a single-family zone. He said the sign regulations are for a single family residential use, but with the school use here, it’s not possible. Letter of support from the Huntington, Christine Hallock Letter of support from Grace Lutheran Church Letter of support from Esther Ross, 8 Strawberry Bank Road. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. Zoning Board of Adjustment January 22, 2013 Page 7 MOTION by Mr. Reppucci to grant the request on behalf of the owner and applicant. Mr. Reppucci said that there are 7 different pieces to this application, and they are considered in totality. 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 area variance. He said it’s the Board’s opinion that these exceptions are appropriate for the area where this property is. 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 served. SECONDED by Mr. Boucher. AMENDED MOTION by Mr. Reppucci to add that a special condition is that the encroachment agreement regarding sign “G1” will be negotiated and complied with as testified to, between the City of Nashua and the applicant. SECONDED by Mr. Boucher MOTION CARRIED 3-1 (Mr. Currier, to the “G2” sign) MISCELLANEOUS: REGIONAL IMPACT: Mr. Falk said that there is an extra week in the scheduling, so the next agenda is not ready yet. REHEARING REQUESTS: None. MINUTES: None. ELECTIONS: Zoning Board of Adjustment January 22, 2013 Page 8 The Board decided to wait until all the members are present, as only full-time members can vote on officers. ADJOURNMENT: Mr. Shaw called the meeting closed at 7:46 p.m. Submitted by: Mr. Currier, Clerk. CF Taped Hearing