Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING March 25, 2014 A public hearing of the Zoning Board of Adjustment was held on Tuesday, March 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 Jack Currier Marcia Wilkins, Planning Department 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. City of Nashua Airport Authority (Owner) 93 Perimeter Road (Sheet E Lot 60) requesting special exception to encroach into an “other” wetland buffer to allow for improvements to the airport perimeter and wildlife fence, including a gate addition and removal, new fence, fence signs and vehicular and pedestrian gates. AI Zone, Ward 1. Voting on this case: Gerry Reppucci J.P. Boucher Rob Shaw Rick Johnson Jack Currier No one was present to speak for Case 1, so the Board moved on to Case 2. 2. Riverside Properties of Nashua, Inc. (Owner) HEARTS Peer Support & Peer Crisis Respite Center (Applicant) 5 Pine Street Ext. (Sheet 77 Lot 10) requesting use variance to allow for two bedrooms for short term overnight stay in an Zoning Board of Adjustment March 25, 2014 Page 2 existing adult educational wellness center. GI/MU Zone, Ward 4. Voting on this case: Gerry Reppucci J.P. Boucher Rob Shaw Rick Johnson Jack Currier Ken Lewis, Executive Director, HEARTS Peer Support. Mr. Lewis said the HEARTS program has been operating out of the building since 2009. The addition of an overnight stay facility would allow consumers seeking support to stay at the facility for 1 to 7 days. Consumers would be required to apply over the phone or in person to stay at the facility. We are not a medical model but rather offer peer support services. We are supported by the local mental health center. There is one other facility in Claremont, NH that has been operating since 2006. The State would like to see this service available in the southern part of the state. Mr. Shaw asked if the timing of this application had been or still is an issue with NHDHS. Mr. Lewis said there was a time crunch for funding for F.Y. 2014, and then the DHS director left. The new director has since looked at the space and liked the idea of adding the overnight rooms to the existing facility rather than rent a duplex or some alternative. Mr. Shaw asked if staff would be staying onsite at the facility. Mr. Lewis said the facility would be staffed 24 hours a day. Mr. Shaw asked if Mr. Lewis had had any communications with abutters. Mr. Lewis said the landlord owns most of the abutment on one side of the property. The other abutters include the City of Nashua Police Department training center, and they know we have been here for several years. Mr. Currier asked about the level of usage of the facility in Zoning Board of Adjustment March 25, 2014 Page 3 Claremont. Mr. Lewis said he would estimate that one of the bedrooms is in used 75-80% of the time, and both bedrooms about 60% of the time. We expect slow development at first but anticipate full occupation sometime within the first year. Mr. Boucher asked about if the clients they receive will be single individuals or have families, and will they be allowed to have visitors. Mr. Lewis said the facility is not a shelter and therefore will only accommodate single individuals. They can certainly accommodate visitors but primarily it is a one and one program and it is expected that visitors will not be coming in. This is a temporary situation that will allow for some relief at local hospitals. Mr. Reppucci asked if they would be working with IEA (involuntary emergency admission) candidates. Mr. Lewis said no, they are a lower end service and the consumer must fit their model i.e. not require hospitalization. Mr. Reppucci asked how this facility offers relief to hospitals. Mr. Lewis clarified that their proposal may reduce the misuse of emergency room services. Mr. Shaw asked if they were part of the 211 system and if they had clients referred to them from other non-profit agencies in the City. Mr. Lewis said yes, they do work closely with 211, NAMI, Gateway and other non-profit agencies. Mr. Johnson asked if overnight staff would be required to stay alert. Mr. Lewis said staff shifts would be less than 8 hours and probably no more than 4, and staff will be required to be alert. There will probably be two staff members at each shift, and he and the assistant director will drop in frequently, especially during training. Zoning Board of Adjustment March 25, 2014 Page 4 Mr. Reppucci asked if staff members were certified by the State. Mr. Lewis said the operation falls under the BHH which requires staff members to undergo training and receive certification every 2 years. SPEAKING IN FAVOR: Tom Doucette, 79 Bluestone Dr, Nashua, NH. Mr. Doucette said he is the assistant director of the HEARTS. program, but he is also an example of a consumer who would use the services proposed. The facility offers consumers the type of environment they are most likely looking for, peer-friendly and not clinical. Patricia Worsley, 5 Midhurst Rd, Nashua, NH. Ms. Worsley said she is the president of the HEARTS Board of Directors and she is also a private practice therapist. The concept behind the program is that people can talk to others who have been through similar experiences. The people who participate in the program may normally seek help from hospitals, which only ties up staff and available services. The program offers relief to that. Ed Bowman, 16D Quincy St, Nashua, NH. Mr. Bowman said he is a volunteer and former vice president of the HEARTS Board of Directors. He said that he spent time in the Claremont facility and found that the support and knowledge gained in his time there exceeded the service he would have received in a more clinical setting. Stephen Bonnette, Riverside Properties, Nashua, NH. Mr. Bonnette said he is a partner at Riverside Properties and landlord of the building. HEARTS has been there for the last 4 years and has always been a good tenant. They started out as a 1,200SF facility and are now proposing to expand to 3,500SF. This is a good location for the facility as it is somewhat isolated, offering privacy to clients. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. Mr. Currier said it is comforting to know that a similar facility has been operating in Claremont since 2006 without any issues. Zoning Board of Adjustment March 25, 2014 Page 5 MOTION by Mr. Johnson to grant the variance request by the applicant as advertised. Mr. Johnson 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 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. Johnson 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. Shaw. MOTION CARRIED UNANIMOUSLY 5-0. 3. Celeste Ramalhinho (Owner) 110 Pine Hill Road (Sheet E Lot 1432) requesting special exception to work within the 40- foot critical wetland buffer of Spectacle Brook to construct sidewalk along Pine Hill Road. R9 Zone, Ward 1. Voting on this case: Gerry Reppucci J.P. Boucher Rob Shaw Rick Johnson Jack Currier Richard Maynard, Maynard and Paquette Engineering. Mr. Maynard said the ZBA granted a variance for frontage on this property for the creation of a two-lot subdivision. The plan was later approved by the Planning Board, but one of the stipulations was that the applicant must construct a sidewalk along the Pine Hill Rd frontage. The construction will occur within the 40ft buffer of Spectacle Brook. A catch basin will also need to be installed at the low spot on Pine Hill Rd. The project was approved by the Conservation Commission. The construction of the sidewalk will meet the requirements of the Planning Board and will enhance pedestrian safety. SPEAKING IN FAVOR: Zoning Board of Adjustment March 25, 2014 Page 6 No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: Jason Moher, 3 Wilton St, Nashua, NH. Mr. Moher said his main concern is that the sidewalk along Pine Hill Rd is disjointed. The City needs to address why they are not filling in these areas. His property value has been affected by this subdivision and proposed sidewalk project. He also had concerns with how the project will affect the landing turtles that live near the brook. Mr. Currier said he shared Mr. Moher’s concerns with the disjointed sidewalks. However, it is a condition that the applicant has been saddled with and it would not seem fair to burden the applicant with a scope of work beyond the bounds of their property. At least if this portion of the sidewalk is installed, it will be an improvement to what is already there. Mr. Reppucci asked Mr. Moher if he had brought these concerns to the attention of the Planning Board when he attended the meeting last year. Mr. Moher said no as he was not aware of these issues at the time. SPEAKING IN FAVOR — REBUTTAL: Mr. Maynard said this discussion with the abutter is irrelevant. The Board can only discuss what is within their purview. He reminded the Board that this project is mandated by the Planning Board. Mr. Currier said he appreciated the concerns brought up by Mr. Moher, but his suggestion to fill in the rest of the sidewalk gaps is out of the Board’s purview. Mr. Shaw added the addition of the sidewalk will improve pedestrian safety. MOTION by Mr. Currier to grant the special exception on behalf of the owner as advertised. Mr. Currier stated that it is listed in the Table of Uses, Section 190-112. Mr. Currier said Zoning Board of Adjustment March 25, 2014 Page 7 that the use will not create undue traffic congestion or unduly impair pedestrian safety. Mr. Currier said that the use will not overload public water, drainage or sewer or other municipal systems. Mr. Currier 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, despite the fact that the sidewalks are not continuous at this time. Mr. Currier said that they’re supporting the Conservation Commission letter dated February 12, 2014, with three stipulations. SECONDED by Mr. Shaw. MOTION CARRIED UNANIMOUSLY 5-0. 4. Ronald J. & Mona A. Lavoie (Owners) 2 Spalding Avenue (Sheet 7 Lot 28) requesting the following: 1) variance to encroach 4 feet into the 6 foot required side yard setback to maintain a roofed structure added onto the side of an existing shed; and 2) special exception to expand a nonconforming use for roofed structure onto shed. RB Zone, Ward 7. Voting on this case: Gerry Reppucci J.P. Boucher Rob Shaw Rick Johnson Jack Currier Ronald Lavoie, 2 Spalding Ave, Nashua, NH. Mr. Lavoie said 3 years ago he added a lean-to to his garage for dry storage. A year later he received a stop-work order from the City and was told he would need to get a variance and special exception to maintain the structure. The lean-to is not out of character with the neighborhood as there are many structures that impede within the 6-foot required setback. Mr. Reppucci asked why Mr. Lavoie did not come before the Board back in 2011 when the stop-work order was issued on 9/14/2011. The City sent him several follow-up letters asking for his Zoning Board of Adjustment March 25, 2014 Page 8 cooperation, including notices of violation. Mr. Lavoie said it was negligence on his part. Mr. Boucher asked Mr. Lavoie if he intended to close in the lean-to and use it as a shed. Mr. Lavoie said yes. Mr. Johnson asked if he spoke to all of the abutting neighbors and if he had their support. Mr. Lavoie said yes, no one objected. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. Mr. Currier said he is willing to support the application seeing as there is no abutter objection. Mr. Boucher, Mr. Shaw and Mr. Johnson concurred with Mr. Currier. Mr. Reppucci said he is concerned that there may still be abutter concerns despite no one being present to tesity at the meeting. Mr. Johnson asked if there were any complaint letters from abutters on file. Ms. Wilkins said no, and added that often when complaints come in they are anonymous. MOTION by Mr. Boucher to grant the special exception on behalf of the owner as advertised. Mr. Boucher stated that it is listed in the Table of Uses, Section 190-119(A)(4). Mr. Boucher said that the use will not create undue traffic congestion or unduly impair pedestrian safety. Zoning Board of Adjustment March 25, 2014 Page 9 Mr. Boucher said that the use will not overload public water, drainage or sewer or other municipal systems. Mr. Boucher stated that the use meets all special regulations. He said that the use will not impair the integrity or be out of character with the neighborhood. SECONDED by Mr. Shaw. MOTION CARRIED 4-1. MOTION by Mr. Boucher to grant the variance on behalf of the applicant as advertised. Mr. Boucher said 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. Boucher said that the case is within the spirit and intent of the ordinance, it will not adversely affect the property values of surrounding parcels. Mr. Boucher said that it is not contrary to the public interest, and substantial justice will be served. SECONDED by Mr. Shaw. MOTION CARRIED 4-1. 5. Riverside Properties of Nashua, Inc. (Owner) Ricardo da Silva (Applicant) 46-50 Bridge Street (Sheet 40 Lot 38) requesting use variance to allow the sale and service of automobile tires. GI/MU Zone, Ward 7. Voting on this case: Gerry Reppucci J.P. Boucher Rob Shaw Rick Johnson Jack Currier Ricardo Da Silva, Senna Tires in Manchester, NH. Mr. Da Silva said he has had success with his business in Manchester over the past 4 years and he would like to expand his services to the Nashua area as many of his clients are from here. He will offer Zoning Board of Adjustment March 25, 2014 Page 10 tire sales and service but no other mechanical services. The landlord of the building is in support of his proposal. Mr. Currier asked if the tire installation/removal will occur inside or outside of the building. Mr. Da Silva said inside the building only, and added he only services automobiles and not motorcycles. Mr. Currier asked if he saw clients by appointment only or does he have regular business hours. Mr. Da Silva said he will have regular business hours. He added that the larger space will allow him to accommodate more employees. Mr. Boucher asked if there would be any outdoor storage. Mr. Da Silva said no. Mr. Johnson asked if the business was already operating there, as there is a banner sign posted on the building. Mr. Da Silva said no but he did post the banner there. Mr. Shaw asked for confirmation that the owner is supportive of the business. Mr. Da Silva said yes. Mr. Currier asked what type of permanent signage he will be posting. Mr. Da Silva said much of his business is done online, so he will not be asking for signage that exceeds what is allowed by code. SPEAKING IN FAVOR: Stephen Bonnette, Riverside Properties, Nashua, NH. Mr. Bonnette said the warehouse has been used in the past for variety of different things. It is a large, open-bay steel building well suited for Mr. Da Silva’s business. The business will be conducted inside the building. There is an existing round sign Zoning Board of Adjustment March 25, 2014 Page 11 at the front of the property where tenants can post their business names. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. Mr. Currier said he has always been concerned about the loss of industrial land, but looking at the uses that are already there, this proposal is not out of character. This is an area that it is in transition. MOTION by Mr. Currier to grant the variance request by the applicant as advertised. Mr. Currier 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 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. Currier 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. As there was no one to present Case 1, Nashua Airport Authority, 93 Perimeter Rd, the Board discussed whether to review the application or table the case. MOTION by Mr. Reppucci to table Case 1 just described to a date certain of April 8, 2014. SECONDED by Mr. Currier. MOTION CARRIED UNANIMOUSLY 5-0. MISCELLANEOUS: REGIONAL IMPACT: Zoning Board of Adjustment March 25, 2014 Page 12 The Board determined that there is no Regional Impact. MINUTES: The Board took no action on the Minutes. Ms. Wilkins brought attention to an email to the Board from Roger Houston, Planning Director, regarding upcoming trainings. ADJOURNMENT: Mr. Reppucci called the meeting closed at 8:35 p.m. Submitted by: Mr. Johnson, Clerk. ML Taped Hearing