Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING July 22, 2014 A public hearing of the Zoning Board of Adjustment was held on Tuesday, July 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 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. Mr. Creed said that he teaches a Business Law course at Rivier, and doesn’t believe that it’s a conflict to sit on their case, and will not be recusing. He also stated that he will not be seeking a re-nomination to be on the Board after his term is over this September. 1. Mark & Amy Seo (Owners) 10 Burgess Street (Sheet 115 Lot 101) requesting the following variances: 1) to encroach 12 feet into the 25 foot required front yard setback (on Beauview Avenue), 2) to encroach 10 feet into the 25 foot required front yard setback (on Charlotte Street), and; 3) to allow a driveway 27 feet from an intersecting right-of- way – 50 feet required – all requests to construct a 24’x24’ attached garage. RA Zone, Ward 2. [Tabled from June 24, 2014 meeting] Voting on this case: Gerry Reppucci J.P. Boucher Jack Currier David Creed Zoning Board of Adjustment July 22, 2014 Page 2 Rick Johnson MOTION by Mr. Currier to take the case off the Table. SECONDED by Mr. Johnson MOTION CARRIED UNANIMOUSLY 5-0. Mark Seo, 10 Burgess Street, Nashua, NH. Mr. Seo said that Mr. Falk has been in touch with the Streets Department, and they are in support of the driveway, it would be 27 feet from the intersecting rights-of-way. He said that there are a couple driveways nearby that are similar, so the request is not unusual. He said that the garage has to go where it is proposed. He said the garage will have room to store lawn equipment and other valuables, such as bicycles, and it will be more in character with the neighborhood. He said it should increase the value of the neighborhood as well. Mr. Currier asked if they considered angling the driveway to minimize the variance. Mr. Seo said that they did consider it, but they’d need to build a retaining wall, and the proposed location is the best option with the grade. Mr. Reppucci said that the Street Department reviewed the proposed driveway, and they thought that the 27 feet was acceptable. He said that the earlier concerns that he raised have been addressed. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Boucher to approve the variance on behalf of the owner as advertised, with all requests considered collectively. 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 Zoning Board of Adjustment July 22, 2014 Page 3 applicant cannot be achieved by some other method reasonably feasible for the applicant to pursue, other than an area variance, the driveway was reviewed and the location is acceptable to the Street Department. Mr. Boucher stated that the request is within the spirit and intent of the ordinance. He stated that there will be no change to the property values of surrounding parcels. He said the request is not contrary to the public interest, and substantial justice is served to the owner. SECONDED by Mr. Johnson. MOTION CARRIED UNANIMOUSLY 5-0. Mr. Reppucci said that the Board is now going to hear the cases for Rivier University. He said that Mr. Currier will be acting as Chair, and he said that both he and Mr. Johnson will step aside and recuse. Attorney Hollis said that they are planning on doing all four cases for Rivier together. 2. Rivier University (Owner) 436 South Main Street, Muldoon Center (Sheet 1 Lot 1) requesting the following variances: 1) to exceed maximum sign area, 12 sq.ft allowed, 53 sq.ft proposed, 2) to exceed maximum sign height, 8 feet allowed, 9 feet proposed, and 3) to exceed maximum wall height, 6 feet allowed, 13’-4” proposed. R9 Zone, Ward 7. 3. City of Nashua (Owner) Rivier University (Owner-Applicant) Portion of City right-of-way, South of existing roundabout at Intersection of Daniel Webster Highway and South Main Street – requesting the following variances: 1) to exceed maximum sign area, 12 sq.ft allowed, 53 sq.ft proposed, 2) to exceed maximum sign height, 8 feet allowed, 9 feet proposed, 3) to encroach 25 feet into the 25 foot setback to an intersection, 4) to encroach 10 feet into the 10 foot front yard setback to allow a sign in the public right-of- way, and 5) to exceed maximum wall height, 6 feet allowed, 13’-4” proposed. RA Zone, Ward 7. 4. Rivier University (Owner) 410 South Main Street (Sheet 1 Lot 90) requesting the following variances: 1) to exceed maximum sign area, 12 sq.ft allowed, 53 sq.ft proposed, 2) Zoning Board of Adjustment July 22, 2014 Page 4 to exceed maximum sign height, 8 feet allowed, 9 feet proposed, 3) to encroach 10 feet into the 10 foot required front yard setback, and 4) to exceed maximum wall height, 6 feet allowed, 13’-4” proposed. R9 Zone, Ward 7. 5. Rivier University (Owner) 2 Robinson Road (Sheet A Lot 84) requesting the following variances: 1) to exceed maximum sign area, 12 sq.ft allowed, 85 sq.ft proposed, 2) to exceed maximum sign height, 8 feet allowed, 9 feet proposed, 3) to encroach 12 feet into the 25 foot setback to an intersection, 4) to encroach 9 feet into the 10 foot required front yard setback (on Robinson Road & Daniel Webster Highway); and, 5) to exceed maximum wall height, 6 feet allowed, 11’-2” proposed. RA Zone, Ward 6. Voting on these cases: Jack Currier J.P. Boucher David Creed Attorney Morgan Hollis, Gottesman & Hollis P.A., 39 East Pearl Street, Nashua, NH. Atty. Hollis said that Rivier University has been undergoing a campus re-design, and pointed out the drawings on the board. He described the drawings. He said as part of the campus re-design and landscape plan, and, also shown on the drawings, are four new identification signs for the campus. He said that during the course of approval, and leading up to the current construction development, the final details were determined for the signs and the support systems to each sign. He said that at that time, it became apparent that this is a residential zone, and only 12 sq.ft is permitted. He said after intensive planning, they’ve come up with a design which is larger than what the Code allows. He said that this is really a campus design, there are signs at each corner of the campus to identify it. Atty. Hollis said that the supporting structure is made of stone, as shown in the application pictures. He said that at the roundabout, they are framing the entryway with two signs. He said that the northerly sign essentially replaces an existing sign, and the southerly sign would be a mirror image, and that sign is in the right-of-way. Zoning Board of Adjustment July 22, 2014 Page 5 Atty. Hollis said the next sign is in front of the Muldoon athletic center, at the road that leads to the Nashua Country Club. He said that there is also a sign proposed at the 2 Robinson Road site, formerly Windmill site, across from Hayward’s Ice Cream. He said that there are four signs proposed in all. Atty. Hollis said that these signs are identification signs. He said that the signs meet the spirit and intent of the ordinance, as they not only designate the area, but provide identification to the campus and site. He said that the signs will show that you are entering the Rivier University campus, it’s making the public aware that it’s just not another public street. He said that the signs are all complimentary to one another, and they make a statement, much like a branding or logo, and it’s important to the campus. Atty. Hollis went over the variance points of law as identified in the application. He said that even the signs are larger than what is allowed, and closer to the right-of-way, they’re only one foot taller than what the code allows. He said that given the locations of the signs along the right of way, the request is reasonable and not overwhelming at all. He said that the signs will not threaten the public safety, health or welfare. He said that the office sign in front of 2 Robinson Road will be removed. He said that the signs will not impair the public interest, a 12 sq.ft sign would be too small considering the size of the campus, and the fact that they’re entry signs to the campus. He said that the spirit and intent of the ordinance would be maintained because of the signs location at busy intersections. He said that in granting the variance, substantial justice would be served to the applicant, as in this case, if the variance is denied, there is no real gain to the public, in fact, there is a loss to the public, because the signs would not be there, there will be people trying to find Rivier, not realizing they’re in the middle of a campus, and a lot of college students walking back and forth across the new common area. He said if the variances are granted, there is no harm to the public, the signs are larger than what is allowed, but they’re located in such a spot that they’re not affecting the neighbors, or abutters, and won’t affect traffic, the line of sight is approved, and on the first two gateway entrances, which require variances because they’re either right on the right-of-way line, or right in the right-of-way, and the Board of Public Works has approved them under a Use Agreement with the Zoning Board of Adjustment July 22, 2014 Page 6 City. He said at the roundabout location, there is an excessive amount of right-of-way, so to place the signs back and out of the right-of-way would be to place them in a position that just wouldn’t make sense. He said it is clear that substantial justice would be done to approve the signs as submitted. Atty. Hollis said the property values of surrounding uses would not be diminished, as they would be served by the success of the public entering this area, entering into a college campus area, and the signs will further the success of the campus and the surrounding parcels, most of which are owned by the college. Atty. Hollis said for the hardship is different for each sign. He said that for the sign on the north side of the roundabout, the hardship is the topography and slope, along with the scale of the roundabout. He said if the sign is placed too far up the hill, it’s out of range of the motoring public, if it’s too far down the hill, it’s right in your face, so, the design is for the terraced wall that’s being designed as part of the campus plan to deal with the topographic shift, and the old sign will be removed. Atty. Hollis said for the hardship for the other sign at the roundabout, the one on the southern side, this one is different, as this sign is actually in the right-of-way. He said if the sign isn’t in the right-of-way, it would be about 45-50 feet back from the roundabout. Atty. Hollis said for the Muldoon Center sign, there is no variance requested for the setback. He said that the sign is providing a campus identification. Atty. Hollis said for the 2 Robinson Road sign, the first reaction is why it’s not being placed further back towards the building. He said that to locate the sign to meet the setback of 10 feet back from the right-of-way and 25 feet from the intersection, there would be a lot of trees to be chopped down, and the sign would be 25 feet further into the property, also, the land slopes down, so the sign would have to be placed higher than requested. Mr. Creed asked how long the University has been there, and whether the campus was there before the neighborhood, or if the neighborhood was there before the campus. Zoning Board of Adjustment July 22, 2014 Page 7 Atty. Hollis said that the campus has evening classes, in addition to a day campus, and there are commuters and residents on campus. SPEAKING IN FAVOR: Sister Paula Marie Buley, President, Rivier University. Sister Buley said that Rivier was founded in 1933 in Hudson, and moved to Nashua in 1941. She said that over the years, they have purchased properties as the campus has expanded. She said that they are a comprehensive university of 2,200 students, with one- third of them undergraduate, one-third continuing education through on-line programming, and one-third of the student body are graduate students. She said the intent of the signage is to highlight the substantial role that the university plays in the community, and to place within these boundaries a sign that is architecturally scalable to the other buildings. She said the signs will be functional and aesthetically pleasing for the campus and the City. Mr. Creed asked if there will be any impact to property values. Atty. Hollis said that he consulted with a real estate consultant, and the statement was that the property values won’t be devalued. Mr. Currier asked if there will be any line of sight issues with the Robinson Road sign. Atty. Hollis said its set back far enough to avoid any problems. Tim Maness, Architect, Derck & Edson Associates, Bellefonte, PA. Mr. Maness said the sign at Robinson Road would be set back over 25 feet from the edge of the pavement area, and, it’s at a 45 degree angle, so it leaves a wide-open sight distance. Mr. Currier asked about sight distance issues for the Muldoon Center sign. Mr. Maness said there is a 38 foot distance between the edge of the pavement and the inside corner, it’s designed to flow with the intersection, also, the road has a slight bend so it won’t interfere with any sight distances. Mr. Currier asked about lighting for the sign. Zoning Board of Adjustment July 22, 2014 Page 8 Mr. Maness said it would have a small low-level light shining at the sign, it wouldn’t be spilling over to adjacent properties. Mr. Currier said especially for the Robinson Road site, the possibility of a stipulation that the variance would run with the sign as designed, so if the property was sold, the new business wouldn’t get the huge sign. Atty. Hollis said that is acceptable if the Board so chooses to make that a stipulation. Robert Weishman, Vice President, Rivier University. Mr. Weishman said that Nashua is a dynamic City, with a dynamic university, and is all for the approval of the signs for Rivier. He said that Rivier is a hidden jewel. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: Richard Theriault, 5 Clement Street, Nashua, NH. Mr. Theriault asked if this request is going to impact his property values. He said he’s right near the Muldoon Center, across the street from the library. SPEAKING IN FAVOR – REBUTTAL: Atty. Hollis said he’s not a qualified property appraiser, but said that Rivier’s plan for upgrades for the university will only help to add value abutting or near the campus. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS – REBUTTAL: None. MOTION Mr. Currier to approve the variance on behalf of the owner as advertised. He said that the Board should make individual motions on each of the four sites, the first one being 436 South Main Street, Muldoon Center. Mr. Currier stated that the Motion is to approve the sign at this location, which includes low-level lighting directed at the Rivier portion of that sign. Mr. Currier said that the Board finds that the variance is needed to enable the applicant’s proposed use of the property, Zoning Board of Adjustment July 22, 2014 Page 9 as a University, to help distinguish it and demarcate it from the rest of the residential area, and for travelers on South Main Street. Mr. Currier stated that it is within the spirit and intent of the ordinance. He stated that the plan likely will increase property values of not only Rivier University, but the surrounding parcels as well. He said the request is not contrary to the public interest, and substantial justice is served to the owner. He said a stipulation of approval is that the variance is for the use of Rivier University, and should that change hands from an educational purpose, that the variance would not automatically extend, and they’d have to come back for a variance if the sign were to change. SECONDED by Mr. Creed. MOTION CARRIED UNANIMOUSLY 3-0. MOTION Mr. Currier to approve the variance on behalf of the owner as advertised for the southern portion of the roundabout at the intersection of South Main Street and Daniel Webster Highway. Mr. Currier said that the Board finds that the variance is needed to enable the applicant’s proposed use of the property, as a University, he said that the unique part to this application is that there’s a rather large public right-of-way that was never used on the south side of the roundabout, and therefore, the need to encroach into that. Mr. Currier stated that it is within the spirit and intent of the ordinance. He stated that the plan likely will increase property values of not only Rivier University, but the surrounding parcels as well. He said the request is not contrary to the public interest, and substantial justice is served to the owner. He said a stipulation of approval is that the variance is for the use of Rivier University, and should that change hands from an educational purpose, that the variance would not automatically extend, and they’d have to come back for a variance if the sign were to change. Zoning Board of Adjustment July 22, 2014 Page 10 SECONDED by Mr. Creed. MOTION CARRIED UNANIMOUSLY 3-0. MOTION Mr. Currier to approve the variance on behalf of the owner as advertised, for the 410 South Main Street location. Mr. Currier said that the Board finds that the variance is needed to enable the applicant’s proposed use of the property, as a University, which is to replace an existing ground sign on this elevated area. Mr. Currier stated that it is within the spirit and intent of the ordinance. He stated that the plan likely will increase property values of not only Rivier University, but the surrounding parcels as well. He said the request is not contrary to the public interest, and substantial justice is served to the owner. He said a stipulation of approval is that the variance is for the use of Rivier University, and should that change hands from an educational purpose, that the variance would not automatically extend, and they’d have to come back for a variance if the sign were to change. SECONDED by Mr. Creed. MOTION CARRIED UNANIMOUSLY 3-0. MOTION Mr. Currier to approve the variance on behalf of the owner as advertised, for the 2 Robinson Road location. Mr. Currier said that the Board finds that the variance is needed to enable the applicant’s proposed use of the property, as a University, as there is a swale located behind the sign, which would make it difficult to make a sign in the swale, and to go beyond the swale, there is a big stand of existing trees that would have to come down. He said that the evidence tonight was that the sign would not be in the line of sight. Mr. Currier stated that it is within the spirit and intent of the ordinance. He stated that the plan likely will increase property values of not only Rivier University, but the surrounding parcels as well. He said the request is not Zoning Board of Adjustment July 22, 2014 Page 11 contrary to the public interest, and substantial justice is served to the owner. He said a stipulation of approval is that the variance is for the use of Rivier University, and should that change hands from an educational purpose, that the variance would not automatically extend, and they’d have to come back for a variance if the sign were to change. SECONDED by Mr. Creed. MOTION CARRIED UNANIMOUSLY 3-0. 6. John & Cynthia Gordon (Owners) 28 Gilman Street (Sheet 96 Lot 104) requesting variance to encroach 2½ feet into the 3 foot right side yard setback to install a 2’x4’ generator pad. RB Zone, Ward 6. Voting on this case: Gerry Reppucci Jack Currier Rick Johnson J.P. Boucher Cynthia Gordon, 28 Gilman Street, Nashua, NH. Mrs. Gordon said that the generator will only be running when the electricity goes out, it is a standby generator. She said that for once a week, for twelve minutes, it has to run to keep the oil and seals working properly and getting dried out and damaged. She said it has a protective enclosure, which will be locked, and will have a roof panel for safety and security, and it’s sound- attenuated to make it quiet, thereby not making it contrary to the public interest. She said it will be much quieter than a regular generator, and much less unsightly. Mrs. Gordon said that it will observe the spirit and intent of the ordinance, in that it will not interfere with the public health and safety. She said that substantial justice will be served by granting the variance because if the generator cannot be installed on that side of the house, where the gas enters the building, it would have to be installed in the rear of the house and it would cost over $2,200 in additional cost for the gas piping. She said the property values of surrounding parcels would not be negatively affected. She said the unit is 2’x4’. Zoning Board of Adjustment July 22, 2014 Page 12 She said the unit is required to be at least five feet from the house for safety reasons, and there is only 7½ feet from the house to the property line. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Boucher to approve the variance on behalf of 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, the unique shape of the house is not parallel to the property line, and the requirement to have the generator where it has to be five feet away from the house. Mr. Boucher stated that the request is within the spirit and intent of the ordinance. He stated that there will be no change to the property values of surrounding parcels. He said the request is not contrary to the public interest, and substantial justice is served to the owner. SECONDED by Mr. Johnson. MOTION CARRIED UNANIMOUSLY 4-0. 7. Onsruth Properties, LLC & Cedric F. & Zoe Stylianos Onsruth (Owners) Southern New Hampshire Services (Applicant) 17 & “L” Lovell Street & 198 & 200 Ash Street (Sheet 100 Lots 75, 79, 159 & 165) requesting special exception to work in the 75-foot prime wetland buffer of Salmon Brook to construct a stormwater drain outlet pipe in conjunction with a 31-unit elderly housing development. RB Zone, Ward 6. Voting on this case: Gerry Reppucci Rick Johnson Zoning Board of Adjustment July 22, 2014 Page 13 J.P. Boucher Jack Currier Mr. Reppucci reminded everyone that the project itself is not before the Board’s consideration, it’s only a special exception to work in the wetland buffer to install a stormwater drain outlet pipe. It will be before the Planning Board in the near future. Jim Petropulos, Hayner/Swanson, Inc., 3 Congress Street, Nashua, NH. Mr. Petropulos passed out some information to the Board members. He said that the property is on two frontages, on Lovell and Ash Streets. He said that four individual lots will be consolidated into one 2.3 acre parcel, in the RB Zone. He said that the lot contains a single-family home that will remain. He said that the property slopes down from Lovell Street to Salmon Brook. Mr. Petropulos said that the buffer has trees, and there is a large pine tree line at the eastern property line that will remain intact. He said that there are some beautiful trees along the western property line that they’ll do their best to preserve as many as they can. He said that Salmon Brook is windy, and the wetlands have been flagged. Mr. Petropulos said that the project is a three-story building with 31 units for Southern NH Services. He identified where the 25 parking spaces would be located. He said that there will be an access off of Ash Street, but it will be gated. He said that their stormwater will be captured from the roof and the paved parking areas, with curbing and catch basins. He said that the site has sandy soils that will be used to the site’s advantage, as there is enough storage and recharge for the 50-yr storm event. He said they are proposing an outlet, an overflow, just in case there is that big storm. He said the overflow pipe will run in the same direction towards the edge of the wetland. He said the pipe will properly convey the water to the lowest part, to the edge of the wetland. Mr. Petropulos said the impact to the buffer is 20 feet wide, for 75 feet, approximately 1,500 square feet. He said that once the pipe is constructed, the area will be loamed and seeded and stabilized, with low-growth shrubbery, and in a short manner of time, the buffer will re-establish itself. Zoning Board of Adjustment July 22, 2014 Page 14 Mr. Petropulos went over the nine special criteria for a special exception to the Boards satisfaction. He said that the qualitative treatment for Ash Street’s drainage is the sump and the hood, it’s an improvement over what is there now, as right now, the water just runs down the hill into Salmon Brook. He said the system for the proposed development has a completely different system, it runs through a qualitative treatment before it’s recharged. He said that the changes to Ash Street does not tie into the proposed development’s drainage. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: Janice Howland, 15 Lovell Street, Nashua, NH. Ms. Howland said they are concerned that this will be a big impact on the wetlands. Mr. Reppucci said it won’t be an impact to the wetland at all. He said the case is listed and advertised as a special exception, it’s a state law that the City notifies the abutters. He said it advertises the case in a general way, and sometimes it’s confusing what is being asked for. He said it will be going to the Planning Board, and they’ll be other opportunities to review the project. He said that the Conservation Commission recommended approval of the project. Peter Kitridge, 193 Ash Street, Nashua, NH. Mr. Kitridge said he thought he heard that some of the trees would be taken down on the east side of his property. Donna Kitridge, 193 Ash Street, Nashua, NH. Mrs. Kitridge said she wants to know what trees will be disturbed or removed. She also asked where the pipe starts and ends. She asked how long the project will take, the type of equipment they’d use, and the construction hours, noise. Jackie Maynard, 191 Ash Street, Nashua, NH. Ms. Maynard said that they have had drainage problems on Ash Street, and it all ends up in her driveway. She said it smells, and asked if the water would flow freely with the new pipe. Zoning Board of Adjustment July 22, 2014 Page 15 Mr. Reppucci said that what she described is a City issue, not necessarily associated with the proposed development. He said that the work done in Ash Street will improve the way runoff is handled. SPEAKING IN FAVOR – REBUTTAL: Mr. Petropulos said the pipe will be for stormwater runoff only. He said at the end of Ash Street there are some significant trees, forty to fifty feet in height. He said he knocked on the Kitridge’s door to ask them about the trees, and they indicated they like them there and like the setting, so that is why the pipe would be directed away from those big trees and in a direct route to the wetland. He said they have to cross into the buffer, but have chosen an area that will be the least impactful to the trees. He said that some trees will have to be removed, it’s very thick in there. He said it will be a 12-inch pipe. He said the project will start in 2015, and will be an 8-month process to construct the facility. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS – REBUTTAL: Ms. Kitridge said that the developer is hoping that it would be ok to remove all the trees. Mr. Reppucci said that they have Conservation Commission to work in the buffer, and there will be some trees removed in the buffer. He said after the Zoning Board, the plan will go to the Planning Board. MOTION by Mr. Currier to approve the special exception on behalf of the owner as advertised. Mr. Currier stated that the use is listed in the Table of Uses, Section 190-112. Mr. Currier stated that the use in the wetland buffer will not create undue traffic congestion or unduly impair pedestrian safety. He stated that the drainage system will be improved here, particularly on Ash Street, in that there will be a hooded catch basin added. He said that there will be no impact to the public water or sewer, there are some sewer issues that have come to light tonight, but it’s a separate system. Mr. Currier stated that all the nine special conditions and regulations are met, and that the use will not impair the integrity or be out of character with the neighborhood, or be Zoning Board of Adjustment July 22, 2014 Page 16 detrimental to health, morals or welfare of the residents, the proposed use will be a benefit to the neighborhood. Mr. Currier said that the minutes of the July 8, 2014 Conservation Commission meeting are included in the record. SECONDED by Mr. Johnson. MOTION CARRIED UNANIMOUSLY 4-0. 8. Robert & Karen Marcoux (Owners) 84 Taylor Street (Sheet 6 Lot 47) requesting special exception to allow an accessory (in-law) apartment. R9 Zone, Ward 7. Voting on this case: Gerry Reppucci Jack Currier Rick Johnson J.P. Boucher Robert Marcoux, 84 Taylor Street, Nashua, NH. Mr. Marcoux said he bought the house twelve years ago. He said he’s been slowly renovating the house when money becomes available. He said that his father-in-law recently passed away, and his mother-in-law will be moving in. He said the building footprint of his house will not get any larger, he said he’s going to take the existing garage, gut it, put in a new foundation of the same size, and use one room in the existing house, and other improvements to make the in-law unit. Mr. Reppucci asked if he is aware of all the in-law unit rules and regulations. Mr. Marcoux said he does, and meets them. SPEAKING IN FAVOR: Carol Doran, Mr. Marcoux’s mother in law. Ms. Doran said they’ve graciously offered to make this unit so that she doesn’t have to go into a nursing home or anything like that. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: Zoning Board of Adjustment July 22, 2014 Page 17 Mr. Philip Howorth, 75 Taylor Street, Nashua, NH. Mr. Howorth said that they’d like to see the project completed, including the front of the house, in a reasonable timeframe. Mr. Reppucci said that the Board has their letter, and it will be incorporated into the record. He said that there is another letter, the other letter is from Leonard Denault, at 5 Morse Street, Nashua, NH. Mr. Reppucci said the letters go over the timeliness of completing the work. He said that the aesthetics of the house is something that the Board wouldn’t speak to, unless it was something extremely unusual. Mr. Marcoux said it may not happen in the most timely fashion, due to finances, but it will happen, and the addition will happen fast, as there is funding to do it. He said the rest of it will be done as money becomes available. Mr. Currier asked about any Code requirements for the pod boxes. Mr. Falk said they look at them as temporary structures, they still have to meet the setbacks and open space requirements. He said most people rent them for a temporary basis if they’re moving, or doing construction. Mr. Marcoux said that the pod was placed in the front of the yard, it was the easiest location to place it in. He said that his father-in-law’s items are in it, and slowly but surely it’s being emptied out. Mr. Reppucci asked how long it would be there. Mr. Marcoux said he wants to be done with the addition by snowfall. Mr. Marcoux said that the Code Enforcement Department has already talked to him about it. MOTION by Mr. Reppucci to approve the special exception on behalf of the owner as advertised. Mr. Reppucci stated that the use is listed in the Table of Uses, Section 190-32. Mr. Reppucci stated that the will not create undue traffic congestion or unduly impair pedestrian safety. He said that Zoning Board of Adjustment July 22, 2014 Page 18 there will be no impact to the municipal water, drainage and sewer, and that the use will not impair the integrity or be out of character with the neighborhood, or be detrimental to health, morals or welfare of the residents. Mr. Reppucci said that for a special condition, the pod is to be removed, or put into compliance by November 1, 2014. SECONDED by Mr. Currier. MOTION CARRIED UNANIMOUSLY 4-0. MISCELLANEOUS: REHEARING REQUESTS: None. REGIONAL IMPACT: The agenda is not ready yet, Mr. Falk will email it to the members when it is ready. MINUTES: None. ADJOURNMENT: Mr. Reppucci called the meeting closed at 9:34 p.m. Submitted by: Mr. Johnson, Clerk. CF Taped Hearing