Zoning Board of Adjustment
Regular MeetingNashua, NH · June 9, 2015
Minutes
ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING
June 9, 2015
A public hearing of the Zoning Board of Adjustment was held on
Tuesday, June 9, 2015 at 6:30 PM in Room 208, City Hall.
Jack Currier, Vice Chair, conducted the meeting.
Members present were:
Rob Shaw
Gerry Reppucci
J.P. Boucher
Jack Currier
Carter Falk, AICP, Deputy Planning Manager/Zoning
Mr. Currier explained the Board's procedures, including the
points of law required for applicants to address relative to
variances and special exceptions. Mr. Currier 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. Currier also explained
procedures involving the timing light.
378 Main Street:
Mr. Currier read a letter into the record stating that the case
for 378 Main Street, which was tabled from the first meeting in
May, has been withdrawn. It was originally scheduled for the
May 12, 2015 meeting, but was not heard, and tabled to tonight’s
meeting. He said that the request has been withdrawn.
1. John & Cristiane Chatfield (Owners) 4 Torrey Road (Sheet F
Lot 633) requesting variance to encroach up to 8 inches
into the 10 foot required right side yard setback to
replace an existing 18’x18’ dining room with an attached
24’x30’ garage with rooms above, with encroachment only in
the rear corner. R9 Zone, Ward 1.
Voting on this case:
Rob Shaw
Gerry Reppucci
Jack Currier
J.P. Boucher
John Chatfield, 4 Torrey Road, Nashua, NH. Mr. Chatfield said
that they’re asking to build a standard sized garage, which
Zoning Board of Adjustment
June 9, 2015
Page 2
would encroach into the side yard setback, by only as much as 8
inches. He said that they want to tear down an existing 18’x18’
dining room, so the footprint would be about 6 feet more.
Mr. Chatfield said that the home does not have a garage, and
most of the homes in the area do have a garage. He said they
will be increasing the value of the property, and none of the
neighbors will even know that there would be an 8-inch
encroachment to the setback.
Mr. Shaw said that in the application, there was some language
that no special conditions exist. He said that he sees a
special condition in the position of the house at an angle to
the lot causes a corner encroachment, so that can be looked at
as a special condition.
Mr. Chatfield agreed, and said he doesn’t have the option of
moving it up on the lot, because of power lines come down along
the side of the house, so the electrical service would have to
be moved. He said that the addition is set back from the front
of the house by six feet.
Mr. Currier said that the land drops down as it goes to the
back. He asked if it will be above the grade level, or if the
driveway would go down and level out.
Mr. Chatfield said that the dining room is level with the
existing floor, he said he’s going to drop it down three feet,
and grade the driveway down to it. He said he’s going to have a
frost wall going down four feet, and there would be a retaining
wall.
Mr. Currier asked if the second story roof line would match the
house.
Mr. Chatfield said it is set back from the existing roof line,
it would be the same “A” frame, same pitch on the front. He
said up above it would be a master bedroom, a closet and bath.
Mr. Currier said his concern is that in looking at it from the
back, it would be a huge wall because it drops off.
SPEAKING IN FAVOR:
No one.
Zoning Board of Adjustment
June 9, 2015
Page 3
SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS:
No one.
MOTION by Mr. Reppucci to approve the variance request on behalf
of the owner as advertised. Mr. Reppucci stated that the
variance is needed to enable the applicant’s proposed use of the
property, given the special conditions of the property; the
encroachment will be a very minimal incursion, about 6%, 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. Reppucci 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.
SECONDED by Mr. Shaw.
MOTION CARRIED UNANIMOUSLY 4-0.
2. Clarence J. Clark & Jordan’s Furniture, Inc. (Owners)
Andrea James Realty, LLC (Applicant) 323 & 327 Daniel
Webster Highway (Sheet A Lots 729 & 384) requesting
variance to encroach 10 feet into the 10 foot required left
side yard setback at 323 DW Highway, and 10 feet into the
10 foot right side yard setback at 327 DW Highway, to
construct a second story building addition connection
between Jordan’s Furniture and a proposed new building at
323 DW Highway. HB Zone, Ward 7.
Voting on this case:
Rob Shaw
Gerry Reppucci
Jack Currier
J.P. Boucher
Attorney Gerald Prunier, Prunier & Prolman, P.A, 20 Trafalgar
Square, Nashua, NH. Atty. Prunier said that he objects to
moving forward without a full Board, but will proceed anyways.
Zoning Board of Adjustment
June 9, 2015
Page 4
Atty. Prunier described the property location on south Daniel
Webster Highway. He said the properties involved are Jordan’s
Furniture and New England Motor Car. He said that New England
Car will be redeveloped, the plan is to construct a new two-
story retail building, about 22,000 square feet total. He said
that Jordan’s wants to use the second floor.
Atty. Prunier said what is being requested in an overpass
between Jordan’s and the new building. He said about 25 years
ago, he did a similar request for BAE on Canal Street. He said
that what would be done is to connect the second stories of both
buildings. He said that the second story would be used by
Jordan’s Furniture, and they will not have access to the first
floor, except for emergency access. He said that the entrance
to this second floor will be through Jordan’s Furniture.
Atty. Prunier said that they need a 10 foot setback from the
side yards, and won’t on either lot, since the buildings would
be connected. He passed out some elevation drawings to the
Board members.
Mr. Shaw asked if there is going to be a lease arrangement, such
that it’s a long enough term, and asked if Jordan’s decides to
move out of there, or they have some dispute with the other
ownership, he wondered what the provision would be if those two
have issues.
Atty. Prunier said that if Jordan’s doesn’t want to use it, the
connection would come down. He said that both parties have
discussed this, and it won’t just last five years, and it’s a
great help to both parties, they both benefit by it.
Mr. Currier asked if there was an opportunity for the lots to be
merged.
Atty. Prunier said that this was looked at as a business
opportunity for both property owners, and that isn’t something
he was made aware of.
SPEAKING IN FAVOR:
None.
SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS:
Zoning Board of Adjustment
June 9, 2015
Page 5
No One.
Mr. Shaw asked if this will be going to the Planning Board.
Mr. Falk said it will be.
MOTION by Mr. Reppucci to approve the variance request on behalf
of the owners as advertised. He said he believes that it is two
variances. Mr. Reppucci 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. He said that the Board considers this to technically
be two variances, one for each lot, and they are to be used in
unison, and not individually.
Mr. Reppucci 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.
SECONDED by Mr. Shaw.
MOTION CARRIED UNANIMOUSLY 4-0.
3. GTY MA/NH Leasing, Inc. (Owner) Nouria Energy Corporation
(Applicant) 7 Harris Road (Sheet B Lot 3039) requesting the
following: 1) special exception to work in the 75-foot
prime wetland buffer of Salmon Brook for site improvements
such as installing an underground holding tank for clean
water for car wash, a trench drain at car wash exit, and
additional pavement at car wash entry to improve turning
radius; and, 2) variance to encroach 10 feet into the 20
foot required front yard setback to maintain existing
parking spaces. HB Zone, Ward 6.
Voting on this case:
Rob Shaw
Gerry Reppucci
Jack Currier
J.P. Boucher
Zoning Board of Adjustment
June 9, 2015
Page 6
Anthony Guba, Ayoub Engineering, Pawtucket, RI. Mr. Guba said
that for the special exception, they went to the Conservation
Commission, and had a site walk at the property, and came away
with a favorable recommendation. He said that they are applying
to the NH DES for work in the prime wetland and buffer, and for
work in the riverfront protection, being 250 feet within Salmon
Brook. He said that they are planning on going to the Planning
Board for site plan approval on June 18th.
He said that there are no changes proposed to the use or to the
basic overall operation, they are upgrading infrastructure of
the facility, to make it work better. He said that there is a
concrete pad at the end of the car wash, it’s heated, and in the
winter-time when cars exit it, the water hits the asphalt before
it gets to the driveway trench drain, and it has the potential
to sheet flow, and could freeze, he said that they’re going to
put a trench drain at the end of the pad, tie it to the trench
drain at the street, and it will intercept the water and prevent
the ice from forming in that asphalt area. He said they will be
able to control the water better.
Mr. Guba said that at the entrance to the car wash, with larger
vehicles, they are having a difficult time getting into the car
wash, and the plan is to expand the pavement a couple feet out
to the north, and it will allow the radius to be a little better
for the car wash entry.
Mr. Guba said that they’re moving the trash enclosure, which is
close to the wetland buffer, further away.
Mr. Guba said that when Nouria inherited this property with the
parking in the front, there is some diagonal parking across the
front of the building. He said it’s probably the best parking
on the site for any customer wishing to access the store in a
safe manner, and not have to cross fueling lanes. He said that
they’d like to maintain this parking area, and part of it is
located in the front yard setback. He said it wasn’t shown on
their site plan, and Nouria would like to keep it, and it’s been
there for many years and has operated fine, and it’s still 30
feet from the gutter line, and there’s a planter area between
the parking area and the street as well. He said that they
really need these parking spaces because the site is busy and
keep the operations of the site working as best as can be.
Zoning Board of Adjustment
June 9, 2015
Page 7
Mr. Reppucci asked if they are going to be in compliance with
the nine special wetland conditions.
Mr. Guba said that they will all be satisfied.
Mr. Currier asked about the small building addition to the front
of the building.
Mr. Guba said it’s about a 275 square foot addition, it would go
out about 7½ feet from the front of the building. He said that
there will be no change to the parking area.
SPEAKING IN FAVOR:
Peter Derby, 5 Warton Rd, Nashua, NH. Mr. Derby stated that he
is in favor of the request, it’s a nice establishment.
SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS:
No one.
MOTION by Mr. Reppucci to approve the special exception on
behalf of the applicant as advertised. He stated that the
request is listed in the Table of Uses, section 190-112.
Mr. Reppucci stated that the use will not create undue traffic
congestion or unduly impair pedestrian safety, it will actually
improve traffic on site. He stated that it will not overload
public water, drainage or sewer or other municipal systems, that
special regulations are fulfilled, per testimony of the
applicant, and approved by the Conservation Commission on May
19, 2015 with five stipulations of approval.
Mr. Reppucci stated 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 residents, the improvements
to the car wash will improve the safety of the site.
SECONDED by Mr. Shaw.
MOTION CARRIED UNANIMOUSLY 4-0.
MOTION by Mr. Reppucci to approve the variance request on behalf
of the owner as advertised. Mr. Reppucci said that the variance
is needed to enable the applicant’s proposed use of the
Zoning Board of Adjustment
June 9, 2015
Page 8
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. Reppucci said that it is within the spirit and intent of the
ordinance, there is no evidence of any negative effects on
surrounding property values. He said that it is not contrary to
the public interest, and substantial justice will be served,
it’s just allowing the applicant to maintain what they’ve
already been using for many years.
SECONDED by Mr. Shaw.
MOTION CARRIED UNANIMOUSLY 4-0.
4. Pennichuck Water Works, Inc., (Owner) H.L. Turner Group
(Applicant) 200 Concord Street (Sheet 52 Lot 118)
requesting special exception to work within the 75-foot
prime wetland and wetland buffer of Harris Pond Dam to
remove and replace existing 12’x20’ gate house, install a
new gate, mortar repairs to the masonry dam, and related
site improvements. R18 Zone, Ward 3.
Voting on this case:
Gerry Reppucci
Rob Shaw
Jack Currier
J.P. Boucher
Robert Carter, HL Turner Group, Concord, NH. Mr. Carter passed
out some handouts to the Board members. Mr. Carter said that
Harris Pond is the primary drinking water supply for the City of
Nashua and most of the surrounding communities. He said that
the dam is an historic structure. He said that all dams in the
State of NH fall under the jurisdiction of the State Dam Bureau.
He said that it has to provide a low level outlet. He said that
the dam has a low level outlet, as shown in the pictures with a
timber gate.
Mr. Carter said that the primary focus of the project is to
reconstruct and rebuild the low level outlet gate, a coffer dam
will be constructed with the top of the coffer dam at the top of
the curved concrete cap on the spillway, as shown in the fourth
Zoning Board of Adjustment
June 9, 2015
Page 9
and fifth pictures in the package. He said that once the coffer
dam is installed, the water level in the remaining impoundment
will be drawn down to about 2-3 feet, consistent with seasonal
variations in the elevation of Harris Pond. He said the area
between the spillway and the coffer dam will be de-watered, and
the new gate will be constructed first.
Mr. Carter said that once the new gate is constructed, the old
timber gate will be removed. He said that while the area is de-
watered, Pennichuck Water Works also wants to do some repairs in
the granite masonry spillway and the abutment walls, such as
required cleaning, removing brick, removing any loose concrete,
and replacing it with concrete and grout.
Mr. Carter said that in the fifth photo, there are two 16 inch
pipes, controlled by a knife gate in the crust of the dam, they
will be removed and replaced with four 16 inch valves. He said
these gates allow Pennichuck more control of the operations and
maintenance of the headpond for processing the water. He said
that they need to access the spillway area and the area of the
impoundment. He said that all construction traffic will be on
the access road to the gate.
Mr. Reppucci said that the special exception request is to work
within the wetland and buffer, and it goes on and describes what
the work will be. He said the application mentions the stamp of
a Certified Wetland Scientist, and relief from having that. He
said that he didn’t see that as a special exception request
before the Board.
Mr. Falk said that the special exception is really to work in
the wetland and wetland buffer as advertised. He said that the
stamp issue is not mandated by the Code, although it is in the
Code as something that should be done. He said that the real
request doesn’t have anything to do with the plans being stamped
by a Certified Wetland Scientist. He said that the Conservation
Commission knew exactly what was being requested, and they
approved it. He said that Planning staff advertised the case
for what they are doing in the wetland and buffer, regardless of
the plans being stamped, as that area is well defined and
delineated.
Mr. Reppucci said that if the applicant is asking relief from
not having the stamp, that relief wouldn’t come from this Board.
Zoning Board of Adjustment
June 9, 2015
Page 10
Mr. Carter said that the area is very well defined, the bank is
the crest of the dam.
Mr. Shaw said that the Board has the Conservation Commission
letter, which is very straightforward, with three stipulations
of approval. He said that there are also nine special wetland
regulations that the applicant has said that they would satisfy.
SPEAKING IN FAVOR:
No one.
SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS:
No one.
MOTION by Mr. Reppucci to approve the special exception on
behalf of the applicant as advertised. He stated that the
request is listed in the Table of Uses, section 190-112.
Mr. Reppucci stated that the use will not create undue traffic
congestion or unduly impair pedestrian safety. He stated that
it will not overload public water, drainage or sewer or other
municipal systems, in fact, by testimony, this will actually
improve the site. He said that special regulations are
fulfilled, per testimony of the applicant, and approved by the
Conservation Commission on May 19, 2015 with three stipulations
of approval.
Mr. Reppucci stated 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 residents.
Mr. Reppucci said that for a special condition, the actual
application that the City received spoke to asking relief to
have a stamp by a Certified Wetland Scientist, and from the
requirement that the wetlands on site be delineated by the CWS.
He said that the Board is taking no action on those items, and
they are not connected to this approval.
SECONDED by Mr. Shaw.
MOTION CARRIED UNANIMOUSLY 4-0.
Zoning Board of Adjustment
June 9, 2015
Page 11
5. Maxine & Peter Derby (Owners) 5 Warton Road (Sheet B Lot
1196) requesting variance for maximum driveway width, 24
feet allowed, 15 feet existing, 33 feet proposed. R9 Zone,
Ward 8.
Voting on this case:
Gerry Reppucci
Rob Shaw
Jack Currier
J.P. Boucher
Peter Derby, 5 Warton Road, Nashua, NH. Mr. Derby said that he
is seeking a variance to widen the driveway, and install a small
pad up at the top. He passed out some photos of the area. He
said that they’re trying to widen the driveway to have a pad at
the top, especially in inclement weather. He said that it is
difficult for himself and his wife to get up and down the
driveway in slippery conditions. He said it would be easier to
park a vehicle up there in inclement weather until the driveway
is salted and sanded. He said that it is imperative that his
wife gets to work as well.
Mr. Derby showed pictures of the steepness of the driveway, it
is about a 14 degree angle, so it is extremely steep. He said
that they want to re-do the driveway to make it better, but to
also put in this pad. He said other neighbors have a similar
parking pad, and there are some cutouts, and doesn’t believe
that they are changing the nature of the neighborhood or
anything like that. He said it’s just trying to help with their
situation.
Mr. Currier said if the pad was there, the snow plows will come
along and plow the car in. He said that the last place you want
a car in inclement weather is on that pad, because it will get
plowed in. He said that the abutter’s pad is much wider, so
that car would be further away from the curb. He said that the
driver’s side door would be right over the curb, and the mirror
would be hanging out. He said that a plow driver may purposely
drive in a manner to swing out, and there would be even more
snow in front of the car.
Mr. Derby said that the proposed pad is 10 feet wide, and
thought that was the requirement for the width. He said that
Zoning Board of Adjustment
June 9, 2015
Page 12
when the paving company was going to put in the pad, they were
going to grade it so it would be a flat pad.
Mr. Currier said that the neighbor’s pad is pre-existing, and it
was there before the Code’s changed. He asked if the curb was
going to be removed so that the pad is level with the street, or
to drive over the curb and have the asphalt match the top of the
curb.
Mr. Derby said that he’s asked the City to see what is required
or needed, as far as having the curbing stay there or not.
Mr. Currier asked if the pad is 10 feet wide, would the car door
stick out into the street.
Mr. Derby said no.
Mr. Reppucci asked if it is possible if the pad was off of the
driveway, closer to the house, so it’s not right on the street,
but maybe 15 feet in.
Mr. Derby said there is too much of a slope there to do that.
He said that the paving company was going to build up behind the
pad, so that it’s level.
Mr. Shaw asked if there is a possibility of leaving a strip of
grass, perhaps three feet or four feet, and then putting in the
pad, so it would almost be like a turnaround, and not right up
against the street, it would be like how a sidewalk is separated
from the curb.
SPEAKING IN FAVOR:
John Lowe, 3 Warton Road, Nashua, NH. Mr. Lowe said he is
supporting his neighbor, and confirmed everything he said. He
said that there is quite a grade, either above or below street
level, and parking in inclement weather is dangerous, and the
slightest icy condition is dangerous. He said that the proposed
pad is reasonable, and it’s safe for him, and it will not be
detrimental to the neighborhood for him or anyone else. He said
that the grades of the driveways at his home, and 4 and 6 Warton
Road, the momentum required to get up them is of concern in the
slightest of weather.
Zoning Board of Adjustment
June 9, 2015
Page 13
Mr. Currier asked how far off the curb is his car when he parks
it in his pad, which seems to be wider.
Mr. Lowe said in general, the plows are very accommodating, they
take the street very slowly due to the grade. He said they park
there before a storm, and most times in winter, because the
slope of the primary driveway is too severe with even the
slightest icing. He said in general, the plows haven’t been an
issue, and the closest to the curb is within 1-2 feet when the
door is closed.
SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS:
E-mail letter from E.T.Durand, 8 Addison Street, Nashua, NH.
Mr. Currier read the letter into the record, the main opposition
is that he lives on the downslope of the hill, and if there are
any changes, it will cause more runoff and flooding on his
property, and it’s already a constant battle to keep the
basement dry. He said that the addition of more pavement will
be more impervious surface will allow the rain to flow down the
property into the abutting property.
SPEAKING IN FAVOR – REBUTTAL:
Mr. Derby said that he spoke to the abutter about the water
runoff and the driveway. He said that when he put in a new
fence in, they put in crushed stone all along the bottom of the
whole fence, to help provide a better drainage area. He said
he’s trying to work with the neighbor.
Mr. Reppucci said he understands what the applicant wants, and
is amenable to accommodating him, either through a conventional
variance, or taking advantage of the statute that allows the
Board to give relief to someone that is handicapped, and limit
that approval to that applicant. He said that he is concerned
about the proposal, as the runoff could be an issue. He
mentioned the possibility of Mr. Shaw’s idea of the pad being
three or four feet in from the curb. He said that the Board
also has to think about the aesthetics of it along the street,
parallel to the road.
Mr. Shaw asked about the process of a driveway set off from the
road a few feet, with leaving the curb as is.
Zoning Board of Adjustment
June 9, 2015
Page 14
Mr. Falk said that they are allowed a 24-foot curb-cut, he said
he didn’t believe that they want a driveway offset and parallel
from the street, separated by a grass strip due to the
topography. He said it would still be parking in a front yard
setback, and they’d need a variance.
Mr. Boucher said that they’re allowed 24 feet of a curb-cut. He
said that they have 9 feet extra to work with. He suggested
that they can have their 24 feet, and not having a strip of
grass separating it from the street.
Mr. Currier said that it seems like the Board is willing to
accommodate the applicant, but is somewhat uneasy about the
proposed design that was submitted. He suggested that perhaps
the applicant can take a second look and revisit the plan.
Mr. Falk said that the Board should just consider what was
submitted and advertised, a lot of ideas and designs have been
discussed. He said that they have a 15 foot wide driveway right
now, and have another 9 feet without even coming back to the
Board. He said that parking spaces are 9’x20’. He said that
they could go out an additional 9 feet, widen it out towards the
house, and the driveway slopes down, they’d have to do a little
grading work, and perhaps a small retaining wall to make it more
level, so it would be perpendicular to the street, and literally
right next to the existing driveway. He said a lot of people
have these for campers. He said that no matter what, it will
take up about 180 or 200 square feet of land.
Mr. Currier said he’s reluctant to the current design. He said
he’d like to give the applicant the most opportunity here, and
perhaps tabling it for two weeks to give them a chance to take
another look at it.
Mr. Reppucci said he is concerned with the safety of it, and
because of the possible problems it would cause by pulling out
that much curbing. He said it just doesn’t look safe. He said
that the Board also has the option of just approving this for
only this applicant.
Mr. Shaw agreed that it would be best to turn this back to the
applicant and see if there is any alternative way to do this.
Zoning Board of Adjustment
June 9, 2015
Page 15
MOTION by Mr. Currier to suspend the rules to ask Mr. Derby
about dates for tabling the request, either two weeks out, or
five weeks out.
Mr. Derby said he’d prefer to come back in two weeks.
MOTION by Mr. Currier to table the request to the June 23, 2015
meeting, and if the applicant isn’t ready, the Board is willing
to give additional time, to study their options. He said when
it comes back, it will be a Public Hearing, and it will be the
first case heard whenever it comes back, with the purpose of
this coming back is to for the applicant to see if there is an
alternative for parking at the curb, given the reluctance that
the Board has for the submitted application.
SECONDED by Mr. Boucher.
MOTION CARRIED UNANIMOUSLY 4-0.
6. Stephany Houghton (Owner) Kathleen Bradley (Applicant) 226
Broad Street (Sheet E Lot 108) requesting use variance to
allow a beauty salon within a portion of an existing
building. R9 Zone, Ward 1.
Voting on this case:
Gerry Reppucci
Rob Shaw
Jack Currier
J.P. Boucher
Kathleen Bradley, 6 Stillwater Drive, Nashua, NH. Ms. Bradley
said she’s looking to install a beauty salon within the existing
building. She said it is zoned residential, even though there
is a dentist office there, and there are several other non-
residential uses nearby, such as a dog groomer.
Mr. Currier asked her if she is the business owner.
Ms. Bradley said she will be.
Mr. Currier asked her what part of the building she’d be located
in.
Ms. Bradley said she will be in the middle section.
Zoning Board of Adjustment
June 9, 2015
Page 16
Mr. Currier asked her what is there now.
Ms. Bradley said the owner’s daughter is using it for music
lessons.
Mr. Falk said that the beauty salon needs a total of three
parking spaces, and there is sufficient parking on site,
further, there is an approved site plan for the property.
SPEAKING IN FAVOR:
No one.
SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS:
No one.
MOTION by Mr. Currier to approve the variance request on behalf
of the applicant as advertised. Mr. Currier said that the
variance is needed to enable the applicant’s proposed use of the
property, which is a beauty salon.
Mr. Currier said that it is within the spirit and intent of the
ordinance, as the building is already used for a light
commercial area. He said that there shouldn’t be any negative
effects on surrounding property values. He said that it is not
contrary to the public interest, and substantial justice will be
served to allow the proposed beauty salon.
SECONDED by Mr. Reppucci.
MOTION CARRIED UNANIMOUSLY 4-0.
MISCELLANEOUS:
REHEARING REQUESTS:
None.
REGIONAL IMPACT:
The Board did not find that any of the cases have Regional
Impact.
Zoning Board of Adjustment
June 9, 2015
Page 17
MINUTES:
May 12, 2015:
MOTION by Mr. Currier to approve the Minutes as presented, waive
the reading, and place the minutes in the file.
SECONDED by Mr. Reppucci.
MOTION CARRIED UNANIMOUSLY 4-0.
May 26, 2015:
Mr. Reppucci said that the very last sentence states that Mr.
Currier called the meeting closed, when in fact he wasn’t there.
Mr. Falk said he’d make the appropriate change.
MOTION by Mr. Shaw to approve the Minutes with the small
correction, waive the reading, and place the minutes in the
file.
SECONDED by Mr. Reppucci.
MOTION CARRIED UNANIMOUSLY 4-0.
12A-12B Hanover Street:
Mr. Falk said that they’re still not ready, and we are waiting
to see an approved building permit for them to go from two units
to three units. He said that the Fire Marshall was out at the
site, and to go to four units, there are some changes that need
to be done to the building. He said he’s not sure when it will
come back.
MOTION by Mr. Currier to table the request to the 6-23-15
meeting, and leave it at that.
SECONDED by Mr. Shaw.
MOTION CARRIED UNANIMOUSLY 4-0.
ADJOURNMENT:
Mr. Currier called the meeting closed at 8:50 p.m.
Zoning Board of Adjustment
June 9, 2015
Page 18
Submitted by: Mr. Boucher, Clerk.
CF - Taped Hearing
Agenda
Community Development 589-3095
City of Nashua Planning and Zoning
Building Safety
589-3090
589-3080
Code Enforcement 589-3100
Community Development Division
Urban Programs 589-3085
Economic Development 589-3070
Conservation Commission 589-3105
City Hall, 229 Main Street, PO Box 2019 FAX 589-3119
Nashua, New Hampshire 03061-2019 www.gonashua.com
May 22, 2015
The following is to be published on ROP May 26, 2015, under the
Seal of the City of Nashua, Public Notice Format 65 MP 51.
Notice is hereby given that a Public Hearing of the City of Nashua
Zoning Board of Adjustment will be held on Tuesday, June 9, 2015,
at 6:30 PM at the Nashua City Hall Auditorium, 3rd floor, 229 Main
Street.
1. John & Cristiane Chatfield (Owners) 4 Torrey Road (Sheet F Lot
633) requesting variance to encroach up to 8 inches into the 10
foot required right side yard setback to replace an existing
18’x18’ dining room with an attached 24’x30’ garage with rooms
above, with encroachment only in the rear corner. R9 Zone,
Ward 1.
2. Clarence J. Clark & Jordan’s Furniture, Inc. (Owners) Andrea
James Realty, LLC (Applicant) 323 & 327 Daniel Webster Highway
(Sheet A Lots 729 & 384) requesting variance to encroach 10
feet into the 10 foot required left side yard setback at 323 DW
Highway, and 10 feet into the 10 foot right side yard setback
at 327 DW Highway, to construct a second story building
addition connection between Jordan’s Furniture and a proposed
new building at 323 DW Highway. HB Zone, Ward 7.
3. GTY MA/NH Leasing, Inc. (Owner) Nouria Energy Corporation
(Applicant) 7 Harris Road (Sheet B Lot 3039) requesting the
following: 1) special exception to work in the 75-foot prime
wetland buffer of Salmon Brook for site improvements such as
installing an underground holding tank for clean water for car
wash, a trench drain at car wash exit, and additional pavement
at car wash entry to improve turning radius; and, 2) variance
to encroach 10 feet into the 20 foot required front yard
setback to maintain existing parking spaces. HB Zone, Ward 6.
4. Pennichuck Water Works, Inc., (Owner) H.L. Turner Group
(Applicant) 200 Concord Street (Sheet 52 Lot 118) requesting
special exception to work within the 75-foot prime wetland and
wetland buffer of Harris Pond Dam to remove and replace
existing 12’x20’ gate house, install a new gate, mortar repairs
to the masonry dam, and related site improvements. R18 Zone,
Ward 3.
5. Maxine & Peter Derby (Owners) 5 Warton Road (Sheet B Lot 1196)
requesting variance for maximum driveway width, 24 feet
allowed, 15 feet existing, 33 feet proposed. R9 Zone, Ward 8.
6. Stephany C. Houghton (Owner) Kathleen Bradley (Applicant) 226
Broad Street (Sheet E Lot 108) requesting use variance to allow
a beauty salon within a portion of existing building. R9 Zone,
Ward 1.
OTHER BUSINESS:
1. Review of Motion for Rehearing:
2. Review of upcoming agenda to determine proposals of regional
impact.
3. Approval of Minutes for previous hearings/meetings.
"SUITABLE ACCOMMODATIONS FOR THE SENSORY IMPAIRED
WILL BE PROVIDED UPON ADEQUATE ADVANCE NOTICE."
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