Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING April 14, 2015 A public hearing of the Zoning Board of Adjustment was held on Tuesday, April 14, 2015 at 6:30 PM in Room 208, City Hall. Rick Johnson, Chair, conducted the meeting. Members present were: Rob Shaw Jack Currier Gerry Reppucci J.P. Boucher Rick Johnson Carter Falk, AICP, Deputy Planning Manager/Zoning Mr. Johnson explained the Board's procedures, including the points of law required for applicants to address relative to variances and special exceptions. Mr. Johnson 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. Johnson also explained procedures involving the timing light. 1. Beacon Point Realty Group, LLC (Owner) 81 Elm Street (Sheet 97 Lot 29) requesting variance for minimum lot area, 3,842 square feet existing, 6,979 square feet required – to convert a single family home into a two-family home. RC Zone, Ward 4. Voting on this case: Rick Johnson Rob Shaw Gerry Reppucci Jack Currier J.P. Boucher Attorney Gerald Prunier, Prunier & Prolman, PA, 20 Trafalgar Square, Nashua, NH. Atty. Prunier passed out a handout for the Board members. Atty. Prunier said it is an inner-city area, and it’s a nice home. He said it has a three-car garage, and has appropriate parking in the driveway. Atty. Prunier said that the house has two kitchens, two baths, and it looks like it was operated as a two-family building. He said that the Assessor’s Department has a note in their records Zoning Board of Adjustment April 14, 2015 Page 2 that at one time, there were two units, but it looks as if an elderly lady lived in one unit, and her daughter lived in the other one, and they may have separated the house into two living quarters. He said that if you go inside, there is the feeling that it has two apartments. Atty. Prunier said that one of the handouts he gave the Board shows the densities in the neighborhood, he said it is a multi- family area, with a few single-family homes. He said that the proposed lot with two units would take it to the middle of what other densities are in the area. He said that the inside of the building lends itself to two units, and has been used as two units. He said that the applicant is remodeling the place, including new windows, doors, and interior, and it will meet the present building code. He said that the building will not be out of character with the area. Mr. Currier asked how many off-street parking spaces are available. Atty. Prunier said it’s a three-car garage, and two cars can fit in the driveway. He said it’s safe to say that there are five parking spaces, and the Code requires four spaces. He said that the garage is used now for storage space. He said that the garage will be used as a garage, not as any living space. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: Gary Gauvin, 77-79 Elm Street, Nashua, NH. Mr. Gauvin said that he is supportive of the two units. He said as long as they fix up the building, he said he’s ok with it. He said he doesn’t want it to stay the same; he wants them to remodel and fix it up. Mr. Johnson said that there are some safeguards, as he will be required to obtain building permits for the work. SPEAKING IN FAVOR – REBUTTAL: Gerry Roth, owner, GM Roth, 12 Murphy Drive, Nashua, NH. Mr. Roth said he’s putting in all new bathrooms, new kitchens, Zoning Board of Adjustment April 14, 2015 Page 3 doors, windows, and will make the building really nice, and the garage will stay as a garage. Mr. Currier asked if a stipulation were added that the garage must remain a garage, if that would be ok. Mr. Roth said it would be. Mr. Currier reiterated that he’d like a stipulation that the garage remain a garage. MOTION by Mr. Currier to approve the variance request on behalf of the owner as advertised. Mr. Currier stated that the variance is needed to enable the applicant’s proposed use of the property, which is to allow a two-family home, and given the special conditions of the property, one is that there are other similar two-family homes in the immediate vicinity, and it’s probably been essentially a two-family for some time, although it’s clear that it’s been defined by City Hall as one unit. Mr. Currier said that the request is within the spirit and intent of the ordinance. He said that it will not adversely affect the property values of surrounding parcels; it is not contrary to the public interest. He said that substantial justice is served. Mr. Currier said the special condition is that the garage must remain a garage. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 5-0. 2. Maria Von Doellinger & Elias Ferreira (Owners) 2 Greenwood Drive (Sheet B Lot 1566) requesting special exception for major home occupation for in-home day care for an additional 6 children (6 children approved by ZBA on 10-11- 11). R9 Zone, Ward 9. Voting on this case: Rick Johnson Rob Shaw Gerry Reppucci Jack Currier Zoning Board of Adjustment April 14, 2015 Page 4 J.P. Boucher Mr. Shaw asked if the Board should consider this under a Fisher v. Dover issue. Mr. Johnson said the difference he saw was that they’re going from six children to twelve. Mr. Shaw said that the original request was for twelve children, and the Board only approved six children. Mr. Reppucci said that the Boards discussion was that they wanted twelve, and the Board said they were more comfortable with six children, see how that works for a while, and then they can come back. He said that language is reflected in the minutes. Mr. Falk said that this has happened in a few other cases, it’s not that they were denied, the use was approved, and they can start off with fewer children, then come back with the evidence that there is no impact to the neighborhood. Mr. Johnson confirmed that the minutes state that they could come back after demonstrating that they are in a position to ask for watching additional children. Maria Von Doellinger, 2 Greenwood Drive, Nashua, NH. Mrs. Von Doellinger said she owns Maria’s Day Care, and has had her license since 1989. She said she was approved for six children, and is asking permission for another six children. Mr. Currier said he drives by the property frequently, and asked if there are any issues with the neighbors about traffic. Mrs. Von Doellinger said that there are really no issues, everyone loves the children there. She said that most of the neighbors are at work when the children are there. Mr. Falk said that their approval was over four years ago, and there have been no issues with Code compliance relative to the day care. Mr. Currier asked where most of the people park. Mrs. Von Doellinger said they pull into the driveway. Zoning Board of Adjustment April 14, 2015 Page 5 SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Mr. Currier to grant the special exception request on behalf of the owner, as advertised. Mr. Currier stated that the use is listed in the Table of Uses, Section 190-36 and 190-47B. He said that the use will not create any undue traffic congestion, or unduly impair pedestrian safety. Mr. Currier stated that the use will not overload any public water, drainage, sewer or other municipal systems. He said that all the special regulations are fulfilled, especially the six special regulations for an in-home day care. Mr. Currier said that the use will not impair the integrity or be out of character with the neighborhood, or be detrimental to the health, morals or welfare of the residents. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 5-0. MISCELLANEOUS: REHEARING REQUESTS: None. REGIONAL IMPACT: The Board did not find that any of the cases have Regional Impact. Mr. Falk said that Case #3 will be heard at the May 12, 2015 meeting instead of the next meeting. MINUTES: 3-24-15: Zoning Board of Adjustment April 14, 2015 Page 6 Mr. Currier said that on page 8, before he made the motion, he stated that as a reminder, while he feels that it doesn’t rise to the level of a Fisher v. Dover and feels that the Board came to a decision, and didn’t feel that the rehearing request would bring any new information, and made the motion to stand by that, and said that it doesn’t rise to Fisher v. Dover, and didn’t feel that there was the need for a rehearing request, and asked if Mr. Falk can make the revision. Mr. Falk said he’d make the change. MOTION by Mr. Johnson to approve the minutes with the revision as suggested by Mr. Currier, waive the reading, and place in the file. SECONDED by Mr. Currier. MOTION CARRIED UNANIMOUSLY 5-0. Mr. Johnson said that he’s offered his resignation from the Board effective May 1st, and will be moving out of state. ADJOURNMENT: Mr. Johnson called the meeting closed at 7:15 p.m. Submitted by: Mr. Boucher, Clerk. CF - Taped Hearing