Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING June 23, 2015 A public hearing of the Zoning Board of Adjustment was held on Tuesday, June 23, 2015 at 6:30 PM in Room 208, City Hall. Jack Currier, Vice Chair, conducted the meeting. Members present were: Gerry Reppucci J.P. Boucher Jack Currier Kathy Vitale 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. Mr. Falk said that the cases for 5 Warton Drive, and 12A-B Hanover Street are going to be Tabled to the July 14, 2015 meeting. MOTION by Mr. Reppucci to Table the requests for 5 Warton Drive and 12A-B Hanover Street to the July 14, 2015 meeting. SECONDED by Ms. Vitale. MOTION CARRIED UNANIMOUSLY 4-0. 1. Daniel J. & Christine M. Grieve (Owners) 92 Cherrywood Drive (Sheet C Lot 2882) requesting special exception to allow an accessory (in-law) dwelling unit within existing house. FUOD Zone, Ward 9. Voting on this case: Jack Currier Gerry Reppucci J.P. Boucher Kathy Vitale Zoning Board of Adjustment June 23, 2015 Page 2 Christine Grieve, 92 Cherrywood Drive, Nashua, NH. Mrs. Grieve said that they are requesting a special exception to maintain an accessory dwelling unit for their parents in the basement of their house. She said that it meets the overall size percentage and square footage limits. Mr. Currier asked if there is a door to the outside. Mrs. Grieve said that there is. Mr. Currier said that there are six criteria for an accessory dwelling unit, and asked if they meet them. Mrs. Grieve said that they’ll all be met. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Reppucci to approve the special exception request as advertised. He said that it is listed in the Table of Uses, Section 190-32. Mr. Reppucci said that the use will not create undue traffic congestion, or unduly impair pedestrian safety. He said that it will not overload public water, drainage or sewer or other municipal systems. Mr. Reppucci said that all special regulations are met per testimony, and 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 Ms. Vitale. MOTION CARRIED UNANIMOUSLY 4-0. 2. Pennichuck Water Works (Owner) Bay State Forestry Service (Applicant) 200 Concord Street - along east side of Manchester Street, Sheet 52 Lot 118) requesting special Zoning Board of Adjustment June 23, 2015 Page 3 exception to work within the 75-foot prime wetland buffer of Harris Pond to remove dead trees along the eastern side of Manchester Street. R18 Zone, Ward 3. Voting on this case: Gerry Reppucci Jack Currier J.P. Boucher Kathy Vitale Mike Powers, Bay State Forestry Service, Athol, MA. Mr. Powers said that they are looking to harvest some dead and dying pine trees along the eastern side of Manchester Street. He said that the safety will be improved by removing these trees, and on-site visibility will be improved as well. Mr. Powers said that they met with the Conservation Commission and received full recommendation for approval. He said that they had some issues with an Eagle’s nesting site, and arranged it so the removal activity will be limited to the nesting site. He said that they’ve contacted DES, and there is no need for a variance before the State DES. He said that there will be no equipment or staging in the wetland area, it will all be done from the street. Mr. Reppucci asked if there is some sort of documented process to confirm that trees to be removed are identified between the Conservation Commission and himself, so there is no question about what trees are to be removed. Mr. Powers said that on their site visit, the trees were marked with blue paint, and the Conservation Commission saw the trees to be removed, and they were marked at the base of the tree, so when they get cut, the mark will remain. Mr. Reppucci asked about the nine special regulations for wetlands. Mr. Powers said that all of them will be met. SPEAKING IN FAVOR: None. Zoning Board of Adjustment June 23, 2015 Page 4 SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No One. MOTION by Ms. Vitale to approve the special exception request as advertised. She said that it is listed in the Table of Uses, Section 190-112. Ms. Vitale said that the use will not create undue traffic congestion, or unduly impair pedestrian safety. He said that it will not overload public water, drainage or sewer or other municipal systems. Ms. Vitale said that all special regulations are met per testimony, and 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. Ms. Vitale said a special condition is that the Conservation Commission stipulations and meeting minutes are incorporated. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 4-0. 3. Teresa McCullough (Owner) 2 Kittery Drive (Sheet C Lot 266) requesting variance to encroach up to 1 foot into the 10 foot required right side yard setback to construct an attached 24’x24’ garage. R9 Zone, Ward 9. Voting on this case: Gerry Reppucci Jack Currier J.P. Boucher Kathy Vitale Teresa & George McCullough, 2 Kittery Drive, Nashua, NH. Mrs. McCullough said that the house is slightly oriented at an angle, and only a portion of the addition will be into the side yard. She said it will only be one corner, and it will encroach only one foot. Mr. Currier said it appears as if the garage matches the right side of the existing driveway, and said that the garage would have the two 9-foot wide doors. Zoning Board of Adjustment June 23, 2015 Page 5 Mrs. McCullough agreed, and feel that they need the 24-foot wide garage, and due to the angle of the house, and the minimal incursion, feel that it’s a reasonable request. Mr. Currier said that with the fence, he didn’t believe that the garage would really impose on the neighbor, actually, it could even be quieter. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Reppucci to approve the variance application as advertised. Mr. Reppucci said 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. Reppucci stated that the use will be within the spirit and intent of the ordinance, it will not adversely affect the property values of surrounding parcels, it will not be contrary to the public interest, and substantial justice is served. SECONDED by Ms. Vitale. MOTION CARRIED UNANIMOUSLY 4-0. 4. Adil Khaya & Shantel Gomes-Khaya (Owners) 2 Yorkway Drive (Sheet D Lot 261) requesting special exception to allow an accessory (in-law) dwelling unit in space above garage. R9 Zone, Ward 5. Voting on this case: Gerry Reppucci Kathy Vitale Jack Currier J.P. Boucher Zoning Board of Adjustment June 23, 2015 Page 6 Adil Khaya, 2 Yorkway Drive, Nashua, NH. Mr. Khaya said that his sister-in-law will be living in the in-law apartment. Mr. Currier asked if the accessory dwelling unit is clearly incidental and subordinate in extent to the primary structure. He said the garage is there and has been for a while, and there is a unit over the top. He said he understands that nothing is changing, and wants it appropriate for an in-law. Mr. Khaya agreed. Mr. Currier said the accessory dwelling unit will be the only accessory dwelling unit. Mr. Khaya agreed, it is a single-family home. Mr. Currier said that it won’t alter the single-family character or appearance of the single-family dwelling, the house isn’t changing at all. Mr. Khaya agreed. Mr. Currier said that it cannot be used for rental purposes for persons other than blood or marriage relatives. Mr. Khaya agreed, it’s his sister-in-law. Mr. Currier said that the owner must live in the primary or accessory unit. Mr. Khaya said he lives in the primary part of the house. Mr. Currier said that a covenant needs to be signed, which gets filed with the Hillsborough County Registry of Deeds, stating that all these criteria will be met. Mr. Reppucci asked if this has been used as an in-law apartment all along. Mr. Khaya said he bought the property recently, two years ago, and it was already there. He said that his sister-in-law has been living in the unit. Zoning Board of Adjustment June 23, 2015 Page 7 Mr. Reppucci asked why the application is coming before the Board now, he asked if there was any enforcement action. Mr. Khaya said because his sister in law is moving in there. Mr. Reppucci asked if when he bought the house, if the listing indicated whether or not it had an in-law apartment. Mr. Khaya said it was listed as a single-family, but it had the apartment above the garage. Mr. Currier said he’s been aware of the house for many years, and it’s looked the same for quite some time with the room above the garage. 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 190-32. 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. He said that special regulations are fulfilled, per testimony of the applicant 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. SECONDED by Mr. Currier. MOTION CARRIED UNANIMOUSLY 4-0. 5. Holly Boyer (Owner) 6 Crowley Avenue (Sheet 29 Lot 51) requesting the following: 1) special exception to expand a grandfathered non-conforming use; and 2) variance to Zoning Board of Adjustment June 23, 2015 Page 8 encroach 5 feet into the 10 foot required left side yard setback to maintain a 10’x18’ screened porch. GI Zone, Ward 7. Voting on this case: Gerry Reppucci Kathy Vitale Jack Currier J.P. Boucher Holly & Steve Boyer 6 Crowley Avenue, Nashua, NH. Mr. Boyer said that the house was a foreclosure, they bought it right after they got married. He said that there was a porch on the back of the house. He said that he tore it down because it was rotting, and it was built on an asphalt pad, and he replaced it with a 10’x18 porch. Mrs. Boyer said that they had no idea that the property was in a General Industrial zoning district. Mr. Currier asked how they got here at the Board this evening. Mrs. Boyer said that they got a letter from the City, probably from the Assessing Department, and it came from the aerial photos. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Currier 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 190-119 (A)(4). Mr. Currier 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. He said that special regulations are fulfilled, per testimony of the applicant Zoning Board of Adjustment June 23, 2015 Page 9 Mr. Currier 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. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 4-0. MOTION by Mr. Currier to approve the variance application as advertised. Mr. Currier said that the variance is needed to enable the applicant’s proposed use of the property, given the special conditions of the property, which is that the house sits to one side of the property, and it’s a smaller footprint than the previous non-screened in porch that was there. Mr. Currier stated that the use will be within the spirit and intent of the ordinance, it will not adversely affect the property values of surrounding parcels, it will likely be a positive impact because of the general upkeep of the property, it will not be contrary to the public interest, and substantial justice is served. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 4-0. 6. Jean Jones (Owner) Scott Jones (Applicant) 166 Amherst Street (Sheet 61 Lot 148) requesting variance to exceed maximum driveway width, 17 feet existing, an additional 11 feet on Amherst Street and an additional 14 feet on Milford Street proposed for a total of 42 feet. RA Zone, Ward 4. Voting on this case: Gerry Reppucci Kathy Vitale Jack Currier J.P. Boucher Scott Jones, 166 Amherst Street, Nashua, NH. Mr. Jones said the variance is for driveway width. He said he’s spend two winters at the house, and there have been a couple close calls from the current driveway. He pointed out the house and driveway on a map. He said as cars drive eastbound into the City, two lanes merge into one lane right in front of his lot. He said that the Zoning Board of Adjustment June 23, 2015 Page 10 curb there is somewhat high, so it’s tricky to pull in. He said if cars from his driveway have to back out, they have to rush out. Mr. Jones said that from this winter, the snowbanks were far out, to the white line on the street. He said that the snowbanks were so high, they had to have a spotter to help drivers in their driveway back out, or else they’d get hit. He said that drivers on Amherst Street are always jockeying for position, and it’s difficult to back out, and people are always beeping their horn. He said in the wintertime, it’s difficult to get cars in and out of the driveway, with the snow that’s plowed on Amherst Street, it all goes into our yard, and there’s no place to put it, it’s very difficult to maneuver parking in the driveway. He said the only way to remove snow from his driveway is with a plow truck, and it’s difficult due to the high amount of traffic on Amherst Street, and during rush hour traffic, it’s almost impossible. He said he can’t even see over the snow banks, they’re so high. He said if the variance is approved, it would be much safer for him and his family. Mr. Falk said that the driveway proposed off of Milford Street is greater than the 50 foot requirement to an intersection. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Reppucci to approve the variance request on behalf of the applicant as advertised. Mr. Reppucci said that the variance is needed to enable the applicant’s proposed use of the property, and 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 safety for the homeowner will be improved. Mr. Reppucci said that it is within the spirit and intent of the ordinance, and that there shouldn’t be any negative effects on surrounding property values. He said that it is not contrary to Zoning Board of Adjustment June 23, 2015 Page 11 the public interest, and substantial justice will be served to allow the proposed beauty salon. SECONDED by Ms. Vitale. MOTION CARRIED UNANIMOUSLY 4-0. 7. Roman Catholic Bishop (Owner) 29 Spring Street (Sheet 32 Lot 17) requesting the following: 1) variance to exceed maximum number of ground signs per premise - 1 permitted, 1 existing, 1 additional ground sign proposed facing Main Street; and 2) variance to allow proposed ground sign to encroach 3 feet into the 10 foot ROW setback. D-1 Zone, Ward 4. Voting on this case: Gerry Reppucci Kathy Vitale Jack Currier J.P. Boucher Father Michael Kerper, 29 Spring Street, Nashua, NH. Father Kerper introduced himself to the Board. Nick Couloumbe, 5 Westchester Drive, Nashua NH. Mr. Couloumbe said that they’re proposing a second ground sign on Main Street, so that people will know that the church is there. He said that with all the beautification work is taking place on Main Street, it’s a perfect opportunity to put a sign there identifying the masses and let people know that we’re there. Mr. Currier asked how the sign is going to be oriented. Mr. Couloumbe said that the sign would have two granite pillars on either side, there will be a three-inch margin between and the sign and the posts, and the sign will be 10 feet long, with posts 4 feet in the ground for a footing. He said that there will be LED lights inside the stained glass that will be on the sign, with a picture of St. Patrick. Mr. Currier asked how the sign compares to the sign for the Church of the Good Shepard. Zoning Board of Adjustment June 23, 2015 Page 12 Mr. Couloumbe said that that sign is in the encroached area. He mentioned a few other signs that appear to be close, or within the setback area along Main St. Mr. Currier said it’s safe to say that the encroachment is consistent with other nearby signs. Mr. Currier asked if it would be a changing LED sign. Mr. Couloumbe said not at all, the letters will be done in ivory, there will be permanent letters. Father Kerper said that the sign on Spring Street is almost invisible, it’s on the left side of the front doors of the church, and it’s made out of brick, it’s very hard to see it, and since there is no sign on Main Street, it’s hard to identify the church. He said that the gym is used frequently by the Police Athletic League, so some people think that all is there is PAL. Mr. Reppucci asked to confirm that the sign would be parallel to Main Street. He asked if they had given any thought to a two- sided sign, perpendicular to Main Street. Father Kerner said the cost of it would be double, and it would potentially block another sign on Main Street. SPEAKING IN FAVOR: Mr. Currier read a letter into the record from Mayor Lozeau in support of the second sign, encroaching three feet into the front yard setback. Brandon Peirotti, Nashua, NH. Mr. Peirotti said that it’s hard to find the church, and has been going there for quite some time. He said that the proposed sign on Main Street will be a big benefit for deliveries and people coming from out of town. 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, with both requests considered collectively. Mr. Currier said that the variance is needed to Zoning Board of Adjustment June 23, 2015 Page 13 enable the applicant’s proposed use of the property, and given the special conditions of the property, which is a long-standing existing church that fronts on three streets, and Main Street is the one most travelled. Mr. Currier said that it is within the spirit and intent of the ordinance, and 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, and it will help with the beautification of Main Street. SECONDED by Mr. Reppucci. MOTION CARRIED UNANIMOUSLY 4-0. MISCELLANEOUS: REHEARING REQUESTS: None. REGIONAL IMPACT: Mr. Falk said that the Agenda for the next meeting is not ready, as there is an extra week in the schedule. He said from what has been submitted so far, it didn’t look like any of the cases were regional impact. He said he’d email the Agenda to the Board members when it is done. MINUTES: None. ADJOURNMENT: Mr. Currier called the meeting closed at 8:00 p.m. Submitted by: Mr. Boucher, Clerk. CF - Taped Hearing