Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING September 24, 2013 A public hearing of the Zoning Board of Adjustment was held on Tuesday, September 24, 2013 at 6:30 PM in the Auditorium at City Hall. Gerry Reppucci, Chair, conducted the meeting. Members present were: Gerry Reppucci, Chair Rob Shaw J.P. Boucher Rick Johnson David Creed 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. Kathleen E. Soubosky (Owner) 9 Robinson Road (Sheet 110 Lot 215) requesting special exception to allow an accessory (in-law) dwelling unit. RA Zone, Ward 6. Voting on this case: Gerry Reppucci Rob Shaw Rick Johnson JP Boucher David Creed John Soubosky, 9 Robinson Road, Nashua, NH. Mr. Soubosky said that the house is a ranch, and it will stay as such, and its handicapped accessible. He said it will have a little kitchenette for the person assisting his son. He said they don’t need any additional parking. Mr. Reppucci asked if he had gone over his request with Staff, to which he applied that he did. Zoning Board of Adjustment September 24, 2013 Page 2 Mr. Falk said that staff has gone over their building permit, and said that it meets the size requirements, it’s actually not very big. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Shaw to approve the special exception application on behalf of the owner, as advertised. Mr. Shaw stated that the use is listed in the Table of Uses, Section 190-32. He stated that the use will not create undue traffic congestion, or unduly impair pedestrian safety. Mr. Shaw said that the use will not overload public water, drainage, or sewer or other municipal systems. He said that all the special regulations are fulfilled, per testimony, and that the use will not impair the integrity, or be out of character with the neighborhood, or be detrimental to the health, morals or welfare of the residents. SECONDED by Mr. Boucher. MOTION CARRIED UNANIMOUSLY 5-0. 2. Linear Retail Nashua #3, LLC (Owner) 219 Daniel Webster Highway (Sheet A Lot 761) requesting the following variances: 1) to exceed maximum ground sign area, 150 sq.ft allowed, 200 sq.ft requested; and the following wall sign variances: Tenant A-1: 67 sq.ft allowed, 125 sq.ft requested, Tenant A-2: 27 sq.ft allowed, 80 sq.ft requested, Tenant A-3: 45 sq.ft allowed, 80 sq.ft requested, Tenant A-4: 45 sq.ft allowed, 80 sq.ft requested, and Tenant A-5 49 sq.ft allowed, 125 sq.ft requested. HB Zone, Ward 8. Voting on this case: Gerry Reppucci Rick Johnson Rob Shaw Zoning Board of Adjustment September 24, 2013 Page 3 David Creed J.P. Boucher Attorney Gerald Prunier, Prunier & Prolman, P.A., 20 Trafalgar Square, Nashua, NH. Atty. Prunier said that this was an old Esso Station and was vacant for many years. He said as part of the development, the City thought it was better to put the parking in the back, and the building up towards Daniel Webster Highway. He said that as a result of the building placement, the building has two fronts, one facing Daniel Webster Highway, and the other facing the parking lot, so, there is an issue with the signage. Atty. Prunier showed the Board some renderings of the site. He said for the pylon sign, the proposed height is fine. He said it’s allowed to be 150 square feet, and they’re looking for 50 additional square feet. He said the reason for the extra size is to allow a better indication of the tenants. He said the difference is only a three-inch higher letter than what the 150 square foot sign allows, and gives greater visibility. Atty. Prunier said for the wall signs, there are five tenants, one on each end, and three in the center, and in order to property identify them to the public, they are asking for additional size. He said each tenant is allowed 1.5 times their individual frontage, and the sizes requested are all listed in the advertisement. He said the end cap tenants would have three signs, and their proposed sizes are a little more than the tenants in the center. He said there are signs in the front and in the back. Mr. Reppucci asked about the pylon sign. SPEAKING IN FAVOR: Gordon Whitman, Linear Retail Properties, Burlington, MA. Mr. Whitman showed what the sign would look like with the permitted size, and the proposed size. He said the height and setback meets the ordinance. Mr. Falk said that the sign is about 55 feet away from the building, it just appears closer in the drawing. He said that the height meets the ordinance. Zoning Board of Adjustment September 24, 2013 Page 4 Mr. Reppucci said he is ok with the proposed height, since it meets the ordinance. Mr. Johnson asked how large the panels would be with the three- inch increase in letter height. Mr. Falk said 12 inches high. Mr. Reppucci said it appears as if the poles in the pylon sign would block the wall signs. He said in the pictures, it looks as if they would obstruct the wall signage. Mr. Shaw said the sign is offset, it’s just the perspective of the drawing that makes it look like its right near the building wall, but it’s offset by 30 or 40 feet or more. Mr. Falk said it’s probably more than 45 feet away. Mr. Johnson asked if the larger sign could set any precedent for other signs in the area. Mr. Falk said it’s actually right in line with a lot of the pylon signs in the area, it’s probably even smaller than many nearby. He said that there are only five tenants in the building, the sign will be much more readable than many of the other pylon signs, some of which have numerous signs on them. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Johnson to grant the variance on behalf of the applicant as advertised, all taken collectively. Mr. Johnson stated that the variance is needed to enable the applicant’s proposed use of the property, given the special conditions of the property; including the request by the City to have the building up front and the parking in the rear, thereby, having two fronts to the building; and the benefit sought by the applicant cannot be achieved by some other method reasonably feasible for the applicant to pursue. Mr. Johnson said that the case is within the spirit and intent of the ordinance, the signs will be in general conformance with the area, it will not adversely affect the property values of Zoning Board of Adjustment September 24, 2013 Page 5 surrounding parcels, it is not contrary to the public interest, and substantial justice is served. SECONDED by Mr. Creed. MOTION CARRIED UNANIMOUSLY 5-0. 3. O.M. Lapointe Living Trust (Owner) 29 Monica Drive (Sheet B Lot 2272) requesting the following: 1) special exception to work in an “other” wetland and wetland buffer for site grading, tree removal and construction of a detached shed/garage (existing); and 2) variance to exceed maximum wall height, 6 feet allowed – up to 9 feet existing. R18 Zone, Ward 8. Voting on this case: Gerry Reppucci Rick Johnson David Creed J.P. Boucher [CASE POSTPONED TO THE OCTOBER 22 2013 MEETING] MISCELLANEOUS: REGIONAL IMPACT: The Board did not see any cases of Regional Impact. MINUTES: August 27, 2013: MOTION by Mr. Shaw to approve the minutes as submitted, waive the reading, and place the minutes in the file. SECONDED by Mr. Boucher MOTION CARRIED UNANIMOUSLY 4-0. Mr. Reppucci said that at the previous meeting, the Board decided to address the issue of what would happen if he didn’t come to a meeting. He said the By-Laws refer to what would happen if the Chair or Vice-Chair were not at the meeting. He Zoning Board of Adjustment September 24, 2013 Page 6 said they made an amendment to the By-Laws that will set the rule. He said it was voted on last meeting, and it has to be voted on twice. MOTION by Mr. Reppucci to change the By-Laws to allow someone other than the Chair or Vice-Chair, in their absence, to run the meeting. SECONDED by Mr. Boucher. MOTION CARRIED UNANIMOUSLY 4-0. 2014 Meeting Dates: Mr. Falk said in November, two dates were given for one meeting, due to elections, for a Monday or Wednesday. Mr. Shaw said that the Election Day is the first Tuesday after November 1st. The Board said that November 11th would be fine. Mr. Shaw said that the 11th is Veterans Day, which is a holiday for the City. Mr. Reppucci said he’d rather have the meeting on a Wednesday, the 12th. The Board said that they’d have the meeting on November 12th, 2014, a Wednesday. ADJOURNMENT: Mr. Reppucci called the meeting closed at 7:15 p.m. Submitted by: Mr. Johnson, Clerk. CF Taped Hearing