Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 29, 2014 SPECIAL MEETING A public hearing of the Zoning Board of Adjustment was held on Tuesday, April 29, 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 David Creed Carter Falk, AICP, Deputy Planning Manager/Zoning Mr. Reppucci stated that this is a special meeting with one application, with an applicant who is familiar with the Boards procedures, therefore, it was not necessary to go over all the Board’s procedures. The applicant was in agreement. 1. Min Pin Properties, LLC (Owner) 36 Central Street (Sheet 83 Lot 55) requesting variance to encroach 6 ft. into the 7 ft. required right side yard setback; and to encroach 5 ft. into the 10 ft. required front yard setback, to allow for construction to repair and/or replace existing nonconforming two-unit, two-story structure. RC Zone, Ward 4. Voting on this case: Gerry Reppucci David Creed Rick Johnson J.P. Boucher Rob Shaw Bruce Hansen, 5 Trombley Terrace, Nashua, NH. Mr. Hansen said that they are back before the Board after initially applying for a special exception, however, it was determined that the proper advertising is for a variance to encroach into the front and side yard setbacks. He said the advertisement is now correct. Zoning Board of Adjustment April 29, 2014 Page 2 Mr. Hansen said that it makes more sense to remove the building and build new, directly in the same footprint as existing. He said that after talking to the Building Department and Fire Marshall, it will be very difficult and costly to renovate what is there, and a lot of the building will not meet the current Building Code. He said that the variance is complete and thoroughly filled out. 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 variance is needed to enable the applicants 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. He stated that the structure had fire damage, and the work needed to bring it up to Code is very costly, yet to rebuild it will result in no new net impact to the abutters as far as number of units, or the setbacks. Mr. Shaw state that the request is within the spirit and intent of the Code, it will be the same use as before He stated that it will not adversely affect the property values of surrounding parcels, actually, it may increase property values. He stated that the request is not contrary to the public interest, and substantial justice is served. SECONDED by Mr. Boucher. MOTION CARRIED UNANIMOUSLY 5-0. MISCELLANEOUS: REGIONAL IMPACT: None, as the Agenda is not ready yet. MINUTES: Zoning Board of Adjustment April 29, 2014 Page 3 None. ADJOURNMENT: Mr. Reppucci called the meeting closed at 6:45 p.m. Submitted by: Mr. Johnson, Clerk. CF Taped Hearing