Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 22, 2014 A public hearing of the Zoning Board of Adjustment was held on Tuesday, April 22, 2014 at 6:30 PM in the Auditorium at City Hall. Gerry Reppucci, Chair, conducted the meeting. Members present were: Gerry Reppucci Jack Currier J.P. Boucher Rob Shaw Rick Johnson 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. Mr. Falk said that Case 3 for Mary D’Amelio, 6 East Pearl Street, has been postponed to the May 27, 2014 meeting, and Case 5, for David and Charlotte Dion, 36-38 Broad Street, has also been postponed to the May 27, 2014 meeting. MOTION by Mr. Reppucci to postpone Case 3, 6 East Pearl Street, to the May 27, 2014 meeting. SECONDED by Mr. Shaw. MOTION CARRIED UNANIMOUSLY 5-0. MOTION by Mr. Reppucci to postpone Case 5, 36-38 Broad Street, to the May 27, 2014 meeting. SECONDED by Mr. Shaw. MOTION CARRIED UNANIMOUSLY 5-0. 1. 4 Morton Street, LLC (Owner) 2-4 Morton Street (Sheet 109 Lot 20) requesting variance to exceed maximum driveway width, 24 Zoning Board of Adjustment April 22, 2014 Page 2 feet allowed – 35 feet requested – to add 24’ to an existing 11’ of driveway width. RA Zone, Ward 6. Voting on this case: Gerry Reppucci Jack Currier Rick Johnson J.P. Boucher Rob Shaw Bob Cormier, Cuoco and Cormier Engineering, Nashua, NH. Mr. Cormier said that MET Contracting is currently rehabilitating the building, and they are upgrading the property. He described the property location. He said the lot is 13,597 square feet. He said that there are two units in the building, with one narrow 11-foot wide driveway going to the back of the lot. Mr. Cormier said that the driveway is narrow, and the plan is to have a new parking area. He said the current driveway is 11 feet wide, and they’d like to construct an additional 24-foot wide two-car parking area, so the total curbcut would be 35 feet, where 24 feet is allowed, which is the reason for the requested variance. Mr. Cormier said that there is a retaining wall near the street that is about ready to fall over, it would be coming down. He said they’ve provided some sketches of what the new area would look like, and it will be very attractive looking. He said to the left, is a low area, and it collects drainage from the street as well as the lot, and the intent is to keep it as is, so drainage will not be impacted. Mr. Cormier went over the variance points of law, to the Board’s satisfaction. Mr. Currier asked about the water runoff. Mr. Cormier said it’s pitched down so that water will run into the lower pitched area of the yard, where it is now. Mr. Currier asked if there is a plan to develop that portion of the lot. Zoning Board of Adjustment April 22, 2014 Page 3 Mr. Cormier said that the acreage of the property applies to the duplex. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Currier to grant the variance request by the applicant, as advertised. Mr. Currier stated that the variance is needed to enable the applicant’s proposed use of the property, which is really the continuation as a two-family home, but to have a more useable, working driveway in that each of the two units will have their own space for two cars. Mr. Currier stated that the use is within the spirit and intent of the ordinance, particularly because Morton Street is very low volume, and it’s in character with the neighborhood, as there are other properties by testimony that are essentially doing the same thing as this property is, and the design is appropriate. Mr. Currier stated that 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. 2. Suzanne Silverthorn (Owner) 4 Taschereau Boulevard (Sheet B Lot 1900) requesting variance for accessory use area, 40% allowed, 68% requested, to maintain an existing addition to a detached garage. R9 Zone, Ward 9. Voting on this case: Gerry Reppucci Jack Currier Rick Johnson – RECUSED FOR THIS CASE J.P. Boucher Rob Shaw Zoning Board of Adjustment April 22, 2014 Page 4 Suzanne Silverthorn, 4 Taschereau Boulevard, Nashua, NH. Ms. Silverthorn said the variance requested is for the accessory use area, 40% is allowed, and the request is for 68%. She said that they constructed, without getting approval, an attached garage. She said that they have a detached garage, and they added onto the garage, unbeknownst to them that they needed a permit. She said the garage is to take away from all the outside clutter, and for storage, and a place for a vintage automobile. She said her son also used part of the garage for storage of his items, as well as for a tractor. She said it’s well constructed, sided, and has electricity, but no water. She said she does not remember the name of the contractor, her late husband handled it. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Boucher to grant the variance request by the owner as advertised. 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 an 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. Shaw. MOTION CARRIED UNANIMOUSLY 4-0. 3. DSM Realty (Owner) Harvey Signs (Applicant) 8-20 Northwest Boulevard (Sheet I Lot 32) requesting variance to exceed maximum wall sign area, 30 sq.ft allowed, 48 sq.ft proposed. GB Zone, Ward 2. Voting on this case: Zoning Board of Adjustment April 22, 2014 Page 5 Gerry Reppucci Jack Currier Rick Johnson J.P. Boucher Rob Shaw Rick Harvey, Harvey Signs, Metheun, MA. Mr. Hanson said that they are applying for a variance for wall sign area. He said that 30 square feet is allowed, and they are requesting 48 square feet. Mr. Harvey said that the proposed sign will match and be consistent with other wall signs in the plaza. He said that the name of the business is not on the large pylon directory sign at the street. Mr. Currier asked if the other signs on the wall meet the sign ordinance. Mr. Harvey said that the larger stores have larger signs, because they have more building frontage. He said that some of the signs may exceed the allowable area. Mr. Currier said he recalled that other stores in this plaza have come before the Board for sign variances. Mr. Falk said that Tuesday Morning and Big Lots have received variances, but they were for off-premises signs for signs facing Amherst Street. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Shaw to grant the variance request by the applicant as advertised. Mr. Shaw stated that the applicant indicated that the size of the sign is consistent with other signs on the building, especially immediately adjacent stores, and based upon the distance and setback of the building, and the fact that the façade isn’t facing towards Amherst Street, and the usage of the sign at this dimension will fit with the rest Zoning Board of Adjustment April 22, 2014 Page 6 of the signs on the building. He said that it will allow the applicants use of the property. Mr. Shaw 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 stated that for the May 13, 2014 meeting for Case #4, that the Town of Merrimack will be notified. MINUTES: March 11, 2014 and March 25, 2014: Mr. Reppucci mentioned a minor revision to the March 11 minutes, on Page 12. Mr. Falk made the change. MOTION by Mr. Currier to approve the March 11, 2014 minutes as presented, waive the reading, and place the minutes in the file. SECONDED by Mr. Shaw. MOTION APPROVED UNANIMOUSLY 5-0. MOTION by Mr. Shaw to approve the March 25, 2014 minutes as presented, waive the reading, and place the minutes in the file. SECONDED by Mr. Johnson. MOTION APPROVED UNANIMOUSLY 5-0. The Board briefly discussed the logistics of an Agenda with a lot of cases, such as which cases should go first or later in the meeting. Zoning Board of Adjustment April 22, 2014 Page 7 The Board also briefly discussed situations where the applicant withdraws or asks to postpone at the last day. ADJOURNMENT: Mr. Reppucci called the meeting closed at 7:30 p.m. Submitted by: Mr. Johnson, Clerk. CF Taped Hearing