Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING February 25, 2014 A public hearing of the Zoning Board of Adjustment was held on Tuesday, February 25, 2014 at 6:30 PM in the Auditorium at City Hall. Gerry Reppucci, Chair, conducted the meeting. Members present were: Gerry Reppucci J.P. Boucher Rob Shaw 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. Deepak & Shubhra Garg (Owners) 3 Quarry Road (Sheet C Lot 2462) requesting special exception to work in a 40-foot “other” wetland buffer for an after-the-fact unintentional removal of ten trees. R40 Zone, Ward 9. Voting on this case: Gerry Reppucci Rick Johnson J.P. Boucher Rob Shaw David Creed Deepak Garg, 3 Quarry Road, Nashua, NH. Mr. Garg said that they are applying for a special exception as advertised. He said that they hired a logger, and when they did the work, they were not home, and the logger took down more trees than they were supposed to. He said they were not able to contact them afterwards, and contacted the Police Department. He said that they went to the Conservation Commission, and received a positive recommendation. He said that they will be planting 150 tubelings for mitigation, and showed pictures of them to the Board. Zoning Board of Adjustment February 25, 2014 Page 2 Mr. Reppucci said on September 9th, 2013, the Conservation Commission recommended that this work be approved, with 5 stipulations. Mr. Garg said he is hoping that for stipulation number 5, that he could do that one himself, instead of hiring someone like a wetland scientist to do it for the next three years. Mr. Creed said he reads it that someone who is qualified to determine whether the newly planted seedlings were healthy, and whether there are any invasive species entering into the area. Mr. Reppucci asked Mr. Garg if, should the request be approved, if he’d be amenable to having a wetland scientist do the write- up for the mitigation. Mr. Garg said he would. Mr. Johnson asked if Mr. Garg would just go to Bob Prokop, the wetland scientist, to do the work. Mr. Garg said he’d feel comfortable consulting him. Mr. Creed asked if there is any present legal action for the cutting down of the trees, local, state or federal level. Mr. Garg said he isn’t, and by coming to the Zoning Board, it’s not to get any immunity from anything. Mr. Reppucci said that the City is requiring him to come to the Zoning Board, there are no other actions or litigation relative to this issue. Mr. Shaw said that all the Board would do is to grant approval for working within the wetland buffer to replace the ten trees. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. Zoning Board of Adjustment February 25, 2014 Page 3 Mr. Shaw said that it’s one thing to look at the seedlings and see one that is dying, as that is an assessment easily made. He said the issue of invasive species would require more of a professional assessment. He said he’d be looking to see that some professional walks through the area, and can indicate the status of invasive species. He said the relative health of the seedlings is straight-forward. Mr. Creed said it’s incumbent upon this Board to do their due diligence and make sure that they’re not inadvertently shielding people from the repercussions of their actions. He said that he believes the owner is trying to do the right thing, and is supportive of the application. Mr. Johnson said he’s supportive of the application, and didn’t think it was an excessive burden to the applicant to have the future submissions be done by someone competent. Mr. Boucher said that he is also supportive of the application. MOTION by Mr. Shaw to grant the special exception on behalf of the owner as advertised. Mr. Shaw stated that it is listed in the Table of Uses, Land Use Code Section 190-112. Mr. Shaw said 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. Mr. Shaw stated that the use meets all special regulations, and special wetlands regulations do need to be fulfilled. He said that the use will not impair the integrity or be out of character with the neighborhood, in fact, it will work to remediate the damage that was done by the unintentional cutting of the trees in the wetland buffer. Mr. Shaw said that they’re supporting the Conservation Commission letter dated September 9, 2013, with five stipulations. He said that there is additional clarification on the moderating the invasive species and the health of the newly planted seedlings for the next three years, that there would be the annual reporting of that assessment, and certification by a professional. Mr. Reppucci asked if it should be a certified wetland scientist. Zoning Board of Adjustment February 25, 2014 Page 4 Mr. Shaw said that would be fine. SECONDED by Mr. Creed. MOTION CARRIED UNANIMOUSLY 5-0. 2. Law Realty Company, Inc. (Owner) Tracy LaCombe (Applicant) 18 Airport Road (Sheet G Lot 482) requesting use variance to allow a dog daycare, boarding, training and grooming facility in an existing building. AI Zone, Ward 1. Voting on this case: Gerry Reppucci Rick Johnson J.P. Boucher Rob Shaw David Creed Tracy LaCombe, Amherst, NH. Ms. LaCombe said that her application is very complete, and would like to let it stand on its own. She said for the play area outside, there will be a six-foot tall stockade fence for sound deadening. She said that the property owner owns all the abutting properties. SPEAKING IN FAVOR: Brian Law, Vice President, Law Realty, Nashua, NH. Mr. Law said that they are happy to work with the applicant for this project. Mr. Boucher asked if there are any problems with anyone getting around the building. Mr. Law said that there are none. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Reppucci to grant the variance request by the applicant as advertised. Mr. Reppucci stated that the zoning restriction as applied interferes with a landowners reasonable use of the property, considering the unique setting of the property in its environment; no fair and substantial Zoning Board of Adjustment February 25, 2014 Page 5 relationship exists between the general purposes of the zoning ordinance and the specific restriction on the property; and the variance would not injure the public or private rights of others. 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, it is not contrary to the public interest, and substantial justice is served. SECONDED by Mr. Boucher. MOTION CARRIED UNANIMOUSLY 5-0. MISCELLANEOUS: REGIONAL IMPACT: The Board determined that there are no cases that have Regional Impact. MINUTES: January 28, 2014 and February 11, 2014: MOTION by Mr. Reppucci to approve the February 11, 2014 minutes as presented, waive the reading, and place the minutes in the file. SECONDED by Mr. Shaw. MOTION CARRIED 4-0-1 (Mr. Johnson abstained). Mr. Shaw said that the February 11 minutes have a typo, the vote should be 4-0-1 for the minutes, as he abstained from the vote. MOTION by Mr. Reppucci to Table the January 28, 2014 minutes to the next meeting. SECONDED by Mr. Johnson. MOTION CARRIED UNANIMOUSLY. Zoning Board of Adjustment February 25, 2014 Page 6 Mr. Reppucci said that there is a rehearing request for the next meeting for 13 Kathy Drive, and that the Board was given a copy of it to start reviewing. Mr. Johnson asked if Mr. Currier got a copy. Mr. Falk said he’d email one to him. Mr. Reppucci said that there was a communication given to Mr. Johnson that was reviewed by the City Attorney, and was found not to be relevant to any kind of problem, and that he forwarded it to the Board. ADJOURNMENT: Mr. Reppucci called the meeting closed at 7:22 p.m. Submitted by: Mr. Johnson, Clerk. CF Taped Hearing