Zoning Board of Adjustment
Regular MeetingNashua, NH · August 25, 2015
Minutes
ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING
August 25, 2015
A public hearing of the Zoning Board of Adjustment was held on
Tuesday, August 25, 2015 at 6:30 PM in Room 208, City Hall.
Jack Currier, Vice Chair, conducted the meeting
Gerry Reppucci
J.P. Boucher
Rob Shaw
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.
1. 238 Amherst Street, LLC (Owner) OKORP Associates
(Applicant) 238 Amherst Street (Sheet E Lot 305) requesting
variance to allow an off-premises directional sign. HB
Zone, Ward 1. [TABLED FROM 8-11-15 MEETING]
Voting on this case:
Jack Currier
Gerry Reppucci
Rob Shaw
J.P. Boucher
MOTION by Mr. Currier to remove this case from the Table, as it
was tabled from the August 11th meeting.
Ms. Vitale said that she is recusing herself from this case.
SECONDED by Mr. Shaw.
MOTION CARRIED UNANIMOUSLY 4-0.
Peter Proko, 280 Amherst Street, Nashua, NH. Mr. Proko said that
the business is Peters Bump Clinic, and Peters Auto Sales. He
said that he apologized for missing the last meeting. He said
that they seek approval for a 3’x4’ painted wood directional
sign on what used to be the Bahama Beach Club property. He said
Zoning Board of Adjustment
August 25, 2015
Page 2
that people come down Diesel Road, which is a dead end street,
and there is an entrance to the other side, and people get
confused and get up in the back. He said that this sign is just
to get people to the Bump Clinic, it’s non-intrusive, all it
says on it is Peters Bump Clinic, with an arrow. He said that
it is not a lit sign, either. He said that it’s just one sided.
SPEAKING IN FAVOR:
Peggy Proko, 280 Amherst Street, Nashua, NH. Ms. Proko said
that it’s just a basic directional sign.
SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS:
No one.
MOTION by Mr. Reppucci to approve the variance application as
advertised, on behalf of the owner. 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 Mr. Shaw.
MOTION CARRIED UNANIMOUSLY 4-0.
2. Daniel L. & Karen L. Theriault (Owners) Gate City Remodeling
(Applicant) 11 Verona Street (Sheet 101 Lot 133) requesting
variance to encroach 5 feet into the 6 foot rear yard
setback to construct a 13’x14’ carport addition onto an
existing detached garage. RB Zone, Ward 6.
Voting on this case:
Jack Currier
Gerry Reppucci
Rob Shaw
J.P. Boucher
Zoning Board of Adjustment
August 25, 2015
Page 3
Kathy Vitale
Steve Torla, 30 Anvil Drive, Nashua, NH. Mr. Torla said that it
is his sister and brother-in-law’s property. He said that there
is a garage in the corner of the property, and the garage is 20
inches from the rear property line. He said that the plan is to
leave the garage intact, remove the roof, and extend the roof
and build a carport on the side. He said that they tried to
have a canvas type roof before, and they just get torn up.
Mr. Reppucci asked if the peak of the roof will be in the center
of the roof, or where it is.
Mr. Torla said it would be in the center, it’ll just have posts
on the far side where the carport will be.
Mr. Currier said it looks as if nothing will be built closer to
the property line, the carport would just be an extension of
what is there now.
Mr. Torla agreed.
SPEAKING IN FAVOR:
No one.
SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS:
Greg Andreoli, 233 Pine Street, Nashua, NH. Mr. Andreoli stated
that his property is directly behind. He said that with the
garage only being 20 inches away, a couple years ago he put up a
fence, and the driveway goes right up to it, and it’s around the
fence poles. He didn’t want to see his fence damaged. He said
his other concern is debris, it’s a 6-foot tall stockade fence,
going the length of the property, and with a small child and a
puppy, didn’t want any construction debris coming over the
fence. He said if they’re tearing up the driveway, it’ll do
damage to the fence.
SPEAKING IN FAVOR – REBUTTAL:
Mr. Torla said that he is the general contractor, and does this
on a regular basis, and during construction, there will be daily
clean-ups. He said that he has no problem relocating the fence
and re-installing it, and if that can’t happen, he could put up
Zoning Board of Adjustment
August 25, 2015
Page 4
a screen and keep all the debris out of the neighbor’s yard. He
said it’s possible that he could sawcut the driveway and get it
away and off from the fence.
SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS – REBUTTAL:
Mr. Andreoli said if all those issues are covered, he has no
issues with the request.
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. He said it will not adversely affect
the property values of surrounding parcels, it will not be
contrary to the public interest, and substantial justice would
be done.
SECONDED by Ms. Vitale.
MOTION CARRIED UNANIMOUSLY 5-0.
3. Denise Salvato (Owner) 149 Hills Ferry Road (Sheet 56 Lot
95) requesting variance to encroach 5 feet into the 25 foot
required rear yard setback to enlarge an existing 9’x11’
deck to an 11’x14’ deck. RA Zone, Ward 3.
Voting on this case:
Jack Currier
Gerry Reppucci
Rob Shaw
J.P. Boucher
Kathy Vitale
Denise Salvato, 145 Hills Ferry Road, Nashua, NH. Mrs. Salvato
said that they had to take down their old deck and are replacing
it with a new, slightly bigger deck.
Zoning Board of Adjustment
August 25, 2015
Page 5
Mr. Currier said you can’t see it from the street, it’s in the
rear.
SPEAKING IN FAVOR:
No one.
SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS:
Madeleine Kopka, 8 Royal Palm Drive, Nashua, NH. Mrs. Kopka
passed out some information to the Board. She said that the
extension of the present deck would be an intrusion of her
property. She said that the land slopes down, and the support
beams are 25 feet from her property line, and the new one would
extend even further. She said that her property would be
devalued. She said that there is a drainage easement running
along the back of the property, and any improvements on it will
cause additional problems such as flooding. She said that heavy
equipment for this deck would be disturbing.
Mr. Reppucci said that he believed that this, at the most, would
just be posts in the ground to support the deck, and it would be
just replacing posts that are already there, or maybe even using
the same ones. He said that the posts may even be hand dug. He
said he didn’t see how this would be an impact. He said that
the deck would only be 2 feet further back, and 3 feet wider.
Carolyn Fluke, 6 Royal Oak Drive, Nashua, NH. Mrs. Fluke said
that they’ve had problems with the culvert breaking, and they’ve
had issues with very heavy rain as the brook will overflow. She
said the larger deck will be going against her peace and quiet.
Gail Donaldson, 14 Royal Oak Drive, Nashua, NH. Mrs. Donaldson
said that their cellar had water after the 2nd day after it was
put in. She said that she has concerns about drainage and the
easement.
Ann Livermore, 17 Broad Street, Nashua, NH. Mrs. Livermore said
that she loves the neighborhood, and is aware of the brook. She
said that the Planning Department has no plans of this being a
brook, and Pennichuck had information about the area. She said
she is concerned about people having water in the basement.
SPEAKING IN FAVOR – REBUTTAL:
Zoning Board of Adjustment
August 25, 2015
Page 6
Mrs. Salvato said the deck would be 11 feet out from the house,
and 14 feet wide, it’s going to be two feet further out. She
said that they’d be using the existing footings and posts. She
said the stairs would be coming out and down the back edge. She
said that they won’t be using any big machinery to construct it,
it’s just one guy.
SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS – REBUTTAL:
Mrs. Kopka said its 5 feet into the setback, and asked where the
stairs are going, which was explained to her by Mr. Shaw. She
said she is not happy with the encroachment. She feels as if
her privacy is being taken away.
Mr. Currier said that the new deck wouldn’t be any higher than
the existing deck.
Mr. Shaw asked if the steps would be included for the
encroachment, or is it just the level part of the deck.
Mr. Falk said that stairs that are not enclosed or roofed can go
up to 3 feet to the property line. He said it’s just the deck
itself.
Ms. Vitale said she likes the fact that the builder is using the
existing footings. She said that the impact looks like it would
be out of the easement area that was discussed in testimony.
Mr. Currier stated that with a drainage easement, you can’t
build a house over it, but other times, a driveway or a shed
could be. He asked about a deck.
Mr. Falk said he didn’t believe the deck is over the easement,
but staff doesn’t measure setbacks to easements, they are
measured from property lines. He said that they may have to
talk to the owner of the easement to ask if its ok, and it’s not
something staff measures to or from.
Mr. Reppucci said that this is an unfortunate situation, the
neighbors have lived there for a long time, and they’ve had a
lot of prior trouble with the culvert and drainage. He said
that by the deck going out another two feet will not in any way
impact the culvert.
Zoning Board of Adjustment
August 25, 2015
Page 7
Mr. Currier agreed with Mr. Reppucci, and said that the water
coming off the roof or off the deck will infiltrate just as it
does without the deck being extended two feet. He said he
didn’t see any negative impact. He said that the extra
encroachment shouldn’t be a negative impact as well.
Mr. Boucher agreed, and said that there would not be any impact
to the water, and with the deck extended another two feet, it’s
a reasonable request and would not have any negative impacts,
and supports the application as it stands.
Mr. Shaw agreed, and didn’t see the deck extension having any
material effect on the easement or the culvert. He said the
additional encroachment is what he focused on, and didn’t see it
as a negative impact. He said the slope adjacent to the deck is
fairly minimal.
MOTION by Mr. Reppucci to approve the variance application as
advertised. Mr. Reppucci said that the incursion is two
additional feet towards the back of the property. Mr. Reppucci
said that 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 same size deck could be replaced, but the Board determined
that it would be an undue hardship on the applicant to prevent
them from making it two feet further.
Mr. Reppucci stated that the use will be within the spirit and
intent of the ordinance. He said it will not adversely affect
the property values of surrounding parcels, there was not
testimony on that one way or another, the neighbors issue mainly
focused on drainage issues that the Board feels are unrelated to
this application. He said it will not be contrary to the public
interest, and substantial justice would be done.
SECONDED by Mr. Boucher.
Mr. Reppucci said that by replacing an old deck with a new deck
and adding two feet onto it will only add value, and will
enhance the property and the properties around it.
Mr. Shaw said that it will be positive, or even neutral.
Zoning Board of Adjustment
August 25, 2015
Page 8
Ms. Vitale said she didn’t see a detrimental effect.
Mr. Boucher said he sees it as a positive effect.
Mr. Currier said he sees it as a neutral effect, and the two
extra feet doesn’t make much difference. He said that for the
Motion, there was testimony about property values, but the Board
feels that there is not a concern with values, if anything, it’s
a positive effect.
MOTION CARRIED UNANIMOUSLY 5-0.
4. Prabhakar L. & Kalindi P. Nanavati (Owners) 48-50 Hunt
Street (Sheet 101 Lot 86) requesting variance for minimum
lot area, 9,000 sq.ft existing, 18,668 sq.ft required, to
convert a two-family building into a three-family building
– approved by ZBA on 8-21-89, but a building permit was not
obtained. RB Zone, Ward 6.
Voting on this case:
Jack Currier
Gerry Reppucci
Kathy Vitale
Rob Shaw
J.P. Boucher
Prab Nanavati, 48-50 Hunt Street, Nashua, NH. Mr. Nanavati said
he bought the property in 1988. He said in 1989 he applied for
a variance to convert the property into a three-family unit and
was approved, however, did not obtain a building permit to make
it official. He said it’s been a three-family all along.
SPEAKING IN FAVOR:
No one.
SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS:
No one.
MOTION by Mr. Currier to approve the application as advertised
on behalf of the owner. Mr. Currier said that the variance is
needed to enable the applicant’s proposed use of the property,
which is an existing three-family building, and by testimony,
Zoning Board of Adjustment
August 25, 2015
Page 9
has been this way for many years, with no problems, and it’s a
perfectly functioning three-family home.
Mr. Currier stated that it is within the spirit and intent of
the ordinance, it will not adversely affect the property values
of surrounding parcels, it is not contrary to the public
interest, and substantial justice is served.
SECONDED by Mr. Reppucci.
MOTION CARRIED UNANIMOUSLY 5-0.
5. Brian & Marcia Carpenter (Owners) 11 Fowell Avenue (Sheet
108 Lot 36) requesting variance to exceed maximum driveway
width, 24 feet allowed, 23 feet existing – 39 feet proposed.
RA Zone, Ward 6, [REHEARING FROM 5-26-15 MEETING].
Voting on this case:
Jack Currier
Gerry Reppucci
Rob Shaw
Kathy Vitale
J.P. Boucher
Brian Carpenter, 11 Fowell Avenue, Nashua, NH. Mr. Carpenter
said that they applied to widen the driveway, and the Board
approved the request, so they went ahead and did it, and the
case was contested, so we are here for the same approval.
Mr. Reppucci asked if the driveway was done before the first
approval.
Mr. Carpenter said it was not.
Mr. Reppucci asked what had to be done to the driveway from the
time he got the approval to now.
Mr. Carpenter said he had to finish it, lay the pavers, and
finish the wall. He said that when the Code Officer came by,
there was no stop work order, and were told that they could
continue.
Mr. Reppucci said that after any approval, there is a 30-day
appeal period.
Zoning Board of Adjustment
August 25, 2015
Page 10
Mr. Carpenter said that going back 23 years ago, the driveway
was there when he bought the house, and the apron is still there
under the sod. He said that they filled it in to create a patio
area. He said that one of the concerns was a reduction in green
space, and they used permeable pavers, as shown by the brochure
that was submitted. He said that the abutter said it is in
direct view of his property, which is not true, and another
concern was that when he parks in the driveway, it makes it
difficult for people to walk their dogs down the sidewalk. He
showed a picture of the original driveway of the area that he
didn’t widen, and it’s not impacted in any way. He said that
the opposition stated that the property values would go down by
5%, and he submitted a letter from a real estate agent stating
that it isn’t true, and didn’t think that a retired architect
can predict property values. He said that the camper is a
moveable vehicle. He said that the request was approved once
before, and the Code does allow for campers, Section 190-35, and
all those requirements are met. He said that he believes that
the biggest concern is that there’s a camper parked there.
Mr. Reppucci asked if he can get the camper in and out of there
without going over the curb-cut.
Mr. Carpenter said he can do it without going over the curb-cut.
He said that they took the sod out of there and you can see the
original curb cut.
Mr. Reppucci asked if Mr. Carpenter remembered what was going to
park on those spaces.
Mr. Carpenter said that they’d park cars there, guests could
park there. He said that there’s been a car parked there when
the camper is not there.
Mr. Currier said that his recollection was that the space was
just going to be used for car parking. He said that cars parked
occasionally there, versus a camper, is a lot more of an
intensive use of the property. He said it is a difference, and
is struggling with it.
Mr. Carpenter said that the camper is not going to be there in
the winter, it is stored somewhere else. He said that they
purchased the camper after the driveway was put in. He called
Zoning Board of Adjustment
August 25, 2015
Page 11
and verified if the camper is allowed, and the City said it’s
allowed.
Mr. Falk said that the camper is registered, it’s mobile, and
it’s all permitted by the Code. He said the only variance
required is the driveway width.
Mr. Currier said that there used to be a driveway off of
Zellwood Drive, and now it’s gone.
Mr. Carpenter said that when Mr. Reppucci made the motion to
approve this last time, there was a stipulation that it had to
be removed, and now, it’s all fenced in and you can’t park
anything there now, as shown in the picture. He said that there
is virtually no place to store snow in the winter.
Mr. Shaw said it seems as if from the tone of some of the
communication that there is a long-standing disagreement about
the way things are being done, and with neighbors getting along
or not getting along with one another.
Mr. Carpenter said that anything that they do, the neighbor
calls the police. He said that his house is meticulously
maintained, and he’s lived in the neighborhood since 3rd grade.
He said that he’s gotten about 18 tickets. He said it’s one
thing after another with complaints. He said he’d go down
tomorrow and re-expose the apron if that’s what the Board wants.
SPEAKING IN FAVOR:
Wayne Sargent, 13 Fowell Avenue, Nashua, NH. Mr. Sargent said
he lives right next door to Mr. Carpenter. He said that their
yard is neat, he has a nice stone wall, and the driveway is
neat. He said that there’s no evidence of a vehicle driving
over the grass. He said that he and his wife have no objections
to the request. He said that the neighbor that complained is
not very friendly. He said that he sees nothing wrong with this
request, and if it would affect anyone, it would affect him, and
he sees nothing wrong with this.
Mr. Currier asked if he sees a parking problem at the site.
Mr. Sargent said no, he feels as if there is plenty of parking.
He said that adding the camper there has not created any
problem.
Zoning Board of Adjustment
August 25, 2015
Page 12
SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS:
Letter dated 8-18-15 from John Rudolph, 6 Fowell Avenue, Nashua,
NH.
Mr. Currier said that Mr. Carpenter has read the letter, and the
Board has read it as well. He said that the applicant has
responded in his testimony about the letter.
Mr. Reppucci said that he’s looking at this application as if
it’s from scratch, for the first time. He said that they have a
right to park the camper on their property.
Ms. Vitale said she is looking at it like the last time it came
before the Board, and is supportive of the request.
Mr. Shaw said in general, this property is highly constrained
for parking, and one of the aspects of this was giving up the
Zellwood driveway, which they did. He said it was neutral for
parking. He said that if we are looking at this fresh, as it
is, he is supportive of it, and the net overall parking is not
changed from what it was before the original application.
Mr. Boucher said he agrees with what Mr. Shaw just stated. He
said that there are obvious issues in the neighborhood. He said
that there may be some parking issues when people come over, but
that’s for the whole neighborhood. He said that he is
supportive of the application.
Mr. Currier said that the removal of the Zellwood driveway and
the new driveway is a good way to go. He said that was a fair
trade-off. He said that some people do care if a camper is
there, and on a tight lot, it is a more intensive use. He said
he’s struggling to find support for the request.
Mr. Reppucci said that to not support this case now would be
harsh, as there was a stipulation to remove the Zellwood
driveway, which he already did, it was a good balance. He said
that if it’s denied, he’d probably have to put the Zellwood
driveway back in, or get rid of it, that is a little harsh. He
said the neighbor who spoke in favor was very unbiased and said
it from the heart. He said he remains supportive.
Zoning Board of Adjustment
August 25, 2015
Page 13
MOTION by Mr. Shaw to approve the variance application as
advertised on behalf of the owner. Mr. Shaw said that the Board
has heard numerous testimony both from the original case and the
rehearing request, and there has been a lot of consideration for
basically the applicant’s use of the property, which is to add
the additional driveway width on the Fowell Avenue side of the
property while removing the driveway on Zellwood Drive. He said
that the original case, that was a stipulation of approval , and
that action has already been taken and that driveway was already
removed.
Mr. Shaw said that there has been a lot of discussion about the
use of the curbcut versus going over the curb, and the intent of
the request, and even now, is that the driveway still be used
for access to and from the street. He said that the property is
highly constrained by a fairly small lot, and fairly limited
parking in the existing area on Fowell Avenue, and there are no
other means of achieving the additional parking area other than
this proposal.
Mr. Shaw stated that the use will be within the spirit and
intent of the ordinance, he said that there has been some
discussion about adverse effects on property values, as noted by
the notification from Mr. Rudolph, but at the same time there
was testimony from Mr. Carpenter and his other neighbor are in
conflict with that, and the Board doesn’t find any significant
effect one way or another on property values. He said it will
not be contrary to the public interest, and substantial justice
is served.
SECONDED by Mr. Boucher.
Mr. Boucher asked about any future challenges, if it can be
challenged again.
Mr. Reppucci said it cannot be challenged for the same reason,
so, there has to be a different aggrieved party. He said if Mr.
Rudolph wants to appeal it, he’d have to go to Superior Court.
Mr. Falk said that there has to be a finality to decisions, so
this was their chance to ask for the rehearing.
MOTION CARRIED 4-1 (Mr. Currier)
Zoning Board of Adjustment
August 25, 2015
Page 14
6. The Mortgage Specialists, Inc. (Owner) 327 Amherst Street
(Sheet G Lot 48) requesting variance to allow 100% of a
ground sign to be an electronic message center, 50% allowed,
to replace an existing ground sign with a new ground sign.
GB Zone, Ward 2.
Voting on this case:
Gerry Reppucci
Rob Shaw
J.P. Boucher
Kathy Vitale
Mike Gill, Owner, Mortgage Specialists, 69 Conley Grove Road,
Derry NH. Mr. Gill said he wants to reduce the size of the
sign. He said he’s used the sign for public service, and the
last two years, hasn’t advertised an interest rate on the sign.
He said that all he’s doing is public service at this point,
which is why the sign has been damaged repeatedly, and
sabotaged. He said that the sign has been damaged beyond
repair.
Mr. Currier asked what the sign dimensions are.
Mr. Reppucci said the existing sign is 10’x15’.
Mr. Falk said that the proposed sign is 44 square feet. He said
that the Code allows up to 50% of an electronic message sign to
be electronic, and this entire sign would be electronic. He
said that the size and height is ok.
During the applicant’s presentation of this variance request, it
became apparent that the sign application submitted to the
Planning Department was for a significantly smaller sign than
the applicant believed he was requesting. The Board offered the
applicant the opportunity to table the application to give the
applicant an opportunity to resolve the discrepancy. The
applicant acknowledged the offer to table, but decided to
withdraw his application.
7. James Njau (Owner) 53 Worcester Street (Sheet 36 Lot 67)
requesting the following: 1) special exception to expand a
non-conforming use; and, 2) variance to encroach 8 feet into
the 10 foot required front yard setback (on Howard Street)
Zoning Board of Adjustment
August 25, 2015
Page 15
to repair existing porch and construct new 5’x12’ porch. GI
Zone, Ward 7.
Voting on this case:
Gerry Reppucci
Rob Shaw
J.P. Boucher
Kathy Vitale
James Njau, 53 Worcester Street, Nashua, NH. Mr. Njau stated
that the existing porch is in disrepair and is looking to repair
and slightly expand its size. He said the new porch would be
5’x12’ and would meet the Code.
SPEAKING IN FAVOR:
No one.
SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS:
No one.
MOTION by Mr. Shaw to grant the special exception on behalf of
the owner as advertised. Mr. Shaw stated that the use is listed
in the Table of Uses, Section 190-119 (D)(4).
Mr. Shaw stated that the use will not create undue traffic
congestion, or unduly impair pedestrian safety. He said it will
not overload public water, drainage or sewer or other municipal
systems.
Mr. Shaw said that no special regulations apply, and 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. Currier.
MOTION CARRIED UNANIMOUSLY 5-0.
MOTION by Mr. Shaw to approve the variance application as
advertised on behalf of the owner. Mr. Shaw said that the
variance is needed to enable the applicant’s proposed use of the
property, and the benefit sought by the applicant cannot be
Zoning Board of Adjustment
August 25, 2015
Page 16
achieved by some other method reasonably feasible for the
applicant to pursue, other than an area variance.
Mr. Shaw stated that it is within the spirit and intent of the
ordinance, it will not adversely affect the property values of
surrounding parcels, it is not contrary to the public interest,
and substantial justice is served.
SECONDED by Mr. Currier.
MOTION CARRIED UNANIMOUSLY 5-0.
MISCELLANEOUS:
REGIONAL IMPACT:
The Board determined that there are no cases of Regional Impact.
MINUTES:
July 28, 2015:
MOTION by Mr. Reppucci to approve the minutes as presented,
waive the reading, and place the minutes in the file.
SECONDED by Mr. Shaw.
MOTION CARRIED 4-0-1 (Mr. Currier abstained).
August 11, 2015:
MOTION by Mr. Shaw to approve the minutes as presented, waive
the reading, and place the minutes in the file.
SECONDED by Mr. Reppucci.
MOTION CARRIED 4-0-1 (Mr. Currier abstained).
REHEARING REQUESTS:
None.
Slate of Officers:
MOTION by Mr. Boucher to nominate Mr. Reppucci as Chairman.
Zoning Board of Adjustment
August 25, 2015
Page 17
SECONDED by Mr. Shaw.
MOTION CARRIED 3-1 (Mr. Currier)
MOTION by Mr. Shaw to nominate Mr. Currier as Vice Chairman, and
Mr. Boucher as Clerk.
SECONDED by Mr. Reppucci.
MOTION CARRIED UNANIMOUSLY 4-0.
ADJOURNMENT:
Mr. Currier called the meeting closed at 10:15 p.m.
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
ZONING BOARD OF ADJUSTMENT
AUGUST 25, 2015
AMENDED AGENDA
1. 238 Amherst Street, LLC (Owner) OKORP Associates (Applicant)
238 Amherst Street (Sheet E Lot 305) requesting variance to
allow an off-premises directional sign. HB Zone, Ward 1.
[TABLED FROM 8-11-15 MEETING]
2. Daniel L. & Karen L. Theriault (Owners) Gate City Remodeling
(Applicant) 11 Verona Street (Sheet 101 Lot 133) requesting
variance to encroach 5 feet into the 6 foot rear yard setback
to construct a 13’x14’ carport addition onto an existing
detached garage. RB Zone, Ward 6.
3. Denise Salvato (Owner) 149 Hills Ferry Road (Sheet 56 Lot 95)
requesting variance to encroach 5 feet into the 25 foot
required rear yard setback to enlarge an existing 9’x11’ deck
to an 11’x14’ deck. RA Zone, Ward 3.
4. Prabhakar L. & Kalindi P. Nanavati (Owners) 48-50 Hunt Street
(Sheet 101 Lot 86) requesting variance for minimum lot area,
9,000 sq.ft existing, 18,668 sq.ft required, to convert a two-
family building into a three-family building – approved by ZBA
on 8-21-89, but a building permit was not obtained. RB Zone,
Ward 6.
5. Brian & Marcia Carpenter (Owners) 11 Fowell Avenue (Sheet 108
Lot 36) requesting variance to exceed maximum driveway width,
24 feet allowed, 23 feet existing – 39 feet proposed. RA Zone,
Ward 6, [REHEARING FROM 5-26-15 MEETING].
6. The Mortgage Specialists, Inc. (Owner) 327 Amherst Street
(Sheet G Lot 48) requesting variance to allow 100% of a ground
sign to be an electronic message center, 50% allowed, to
replace an existing ground sign with a new ground sign. GB
Zone, Ward 2.
7. James Njau (Owner) 53 Worcester Street (Sheet 36 Lot 67)
requesting the following: 1) special exception to expand a
non-conforming use; and, 2) variance to encroach 8 feet into
the 10 foot required front yard setback (on Howard Street) to
repair existing porch and construct new 5’x12’ porch. GI Zone,
Ward 7.
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:
Aug 11, Jul 28
"SUITABLE ACCOMMODATIONS FOR THE SENSORY IMPAIRED
WILL BE PROVIDED UPON ADEQUATE ADVANCE NOTICE."
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