Zoning Board of Adjustment

EXPANDED DRAFT MEETING SUMMARY THIS IS NOT AN OFFICIAL TRANSCRIPT OF TAPE RECORDED PROCEEDINGS THE INFORMATION CONTAINED HEREIN HAS NOT BEEN REVIEWED OR APPROVED BY THE ZBA ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING September 8, 2015 A public hearing of the Zoning Board of Adjustment was held on Tuesday, September 8, 2015 at 6:30 PM in Room 208, City Hall. Gerry Reppucci, Chair Jack Currier, Vice Chair J.P. Boucher, Clerk Kathy Vitale Carter Falk, AICP, Deputy Planning Manager/Zoning Mr. Reppucci explained the Board's procedures, including the points of law required for applicants to address relative to variances and special exceptions. Mr. Reppucci explained how testimony will be given by applicants, those speaking in favor or in opposition to each request, as stated in the Zoning Board of Adjustment (ZBA) By-laws. Mr. Reppucci also explained procedures involving the timing light. 1. Joao & Kristin Silva (Owners) 33 Jennifer Drive (Sheet C Lot 1051) requesting variance to encroach up to 6 feet into the 10 foot required left side yard setback to construct an attached 24’x24’ garage with finished room above. R9 Zone, Ward 9. Voting on this case: Gerry Reppucci Jack Currier J.P. Boucher Kathy Vitale Joao Silva, 33 Jennifer Drive, Nashua, NH. Mr. Silva said that the main reason for the garage and the bonus room above is for more living space, as the family has expanded. He said that the children love their school, and the daycare is right on the street. He said the request is to encroach up to 6 feet into the 10 foot setback. He said that the neighbors are all ok with the request. Mr. Currier said that it looks as if the encroachment is in the back corner only. Mr. Silva agreed, he said that the lot is pie-shaped. Zoning Board of Adjustment September 8, 2015 Page 2 Mr. Currier asked about the roof line, it would be a two-bay garage with a room above, and asked how the roof would be designed. Mr. Silva stated that the roof would be the same as the house, it would keep the same line. Ms. Vitale said it looks as if the garage is offset a little bit is due to the gas meters. Mr. Silva agreed, and that’s why it’s set back about five feet, to minimize the encroachment. Ms. Vitale said it would make the house more appealing with it this way. SPEAKING IN FAVOR: Cindy Fletcher, 11 Jennifer Drive, Nashua, NH. Ms. Fletcher said she runs a licensed family day care here, and said that their children attend the day care, and is supportive of the encroachment. Sharon Fornier, 9 Jennifer Drive, Nashua, NH. Ms. Fornier said that they’ve improved their property since they’ve moved in, and is supportive of their request. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Currier to approve the variance 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, given the special conditions of the property, which is that the lot is a pie-shaped lot, 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. 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, actually the addition will likely improve the property values, it will not be contrary Zoning Board of Adjustment September 8, 2015 Page 3 to the public interest as there are many nearby houses with garages, and substantial justice is served. SECONDED by Ms. Vitale. MOTION CARRIED UNANIMOUSLY 4-0. 2. Hunt Community (Owner) Pennichuck Water Works (Applicant) 10 Allds Street (Sheet 16 Lot 16) requesting special exception to work in the 75-foot prime wetland buffer of Salmon Brook for an after-the-fact removal of 9 trees, to be replaced with 12 tree saplings. RB Zone, Ward 7. Voting on this case: Gerry Reppucci Jack Currier J.P. Boucher Kathy Vitale Bob Prokop, Certified Wetland Scientist, representing Pennichuck Water Works. Mr. Prokop said that they previously got approval to do a directional boring for installing a new water main under Salmon Brook, which runs underneath Allds Street. He said that the work was completed, and they had to clear a few trees. He said that the contractor miss-read the plans and cut down nine additional trees that were not supposed to be cut down in the buffer. Mr. Prokop said that he’s met with the Conservation Commission on two occasions and have agreed to replace the nine trees with twelve saplings. He said they’d be scattered in the area where the trees were cut. He said that the trees that were taken down, the stumps were left in place. He said that the Conservation Commission wanted to ensure that the trees would be alive for three years, and because there is a lot of beaver activity by the brook, there will be collars around the trees. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. Zoning Board of Adjustment September 8, 2015 Page 4 Mr. Prokop said that they will comply with the nine special regulations as well. Mr. Reppucci asked if it’s desirable to leave the stumps in the ground. Ms. Vitale stated that it is, because otherwise, they’d be loosening the soils around it. MOTION by Mr. Currier to approve the special exception application as advertised. Mr. Currier said that the use is listed in the Table of Uses, Section 190-112. He said that the use will not create undue traffic congestion, or unduly impair pedestrian safety. Mr. Currier said that the use will not overload public water, drainage or sewer or other municipal systems, and all special regulations will be fulfilled per testimony. He 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 residents, it will be bringing the tree life back with the trees that were inadvertently taken out. SECONDED by Ms. Vitale. AMENDED MOTION by Mr. Currier to include the August 6, 2015 letter of approval from the Conservation Commission with four stipulations of approval, along with their meeting Minutes. SECONDED by Ms. Vitale. MOTION CARRIED UNANIMOUSLY 4-0. 3. Joseph Simoneau (Owner) 400 West Hollis Street (Sheet E Lot 161) requesting the following: 1) special exception to expand an existing non-conforming single-family home by adding a second-story rear dormer; and 2) variance to encroach 6 feet into the 20 foot required right side yard setback to construct said dormer. PI Zone, Ward 6. Voting on this case: Gerry Reppucci Jack Currier J.P. Boucher Zoning Board of Adjustment September 8, 2015 Page 5 Kathy Vitale Joseph Simoneau, 400 West Hollis Street, Nashua, NH. Mr. Simoneau said that they are adding a second-story dormer to the house, and because of that, they need the special exception to expand, and a variance to encroach into the setback. He said that the two bedrooms upstairs are small, but since they bought the house, the family has grown and need more room up there. He said the house is 14 feet from the lot boundary, and they are just going up, so it won’t impede further into the setback. Mr. Simoneau said that they are keeping in with the character of the neighborhood, there are two other capes nearby, and are bordered by AMR Ambulance and the steel company. He said that all the neighbors are fine with the request. He said that the improvements are for living conditions, and from the street level view, it will look the same, and it will not impact anyone’s property values. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Currier to approve the special exception application as advertised. Mr. Currier said that the use is listed in the Table of Uses, Section 190-119. He said that the use will not create undue traffic congestion, or unduly impair pedestrian safety. Mr. Currier said that the use will not overload public water, drainage or sewer or other municipal systems, and all special regulations will be fulfilled per testimony. He 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 residents. SECONDED by Ms. Vitale. MOTION CARRIED UNANIMOUSLY 4-0. Zoning Board of Adjustment September 8, 2015 Page 6 MOTION by Mr. Currier to approve the variance application as advertised. Mr. Currier said that variance is needed to enable the applicant’s proposed use of the property, which is essentially to build a dormer on the back without expanding the footprint, and the house is currently six feet into the 20 foot right side yard setback. Mr. Currier 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, in fact it should increase property values by having the dormer on the back. He said it will not be contrary to the public interest, and substantial justice would be done by allowing the addition. SECONDED by Ms. Vitale. MOTION CARRIED UNANIMOUSLY 4-0. 5. Kenneth R. & Sylvie Gray (Owners) 5 Kennedy Drive (Sheet A Lot 372) requesting the following: 1) variance to allow an accessory (in-law) dwelling unit in a structure that is not the principal structure on the lot; 2) variance to exceed maximum accessory use area, 40% allowed, 55% proposed and 3) special exception to allow an accessory (in-law) dwelling unit within an accessory structure. RA Zone, Ward 7. Voting on this case: Gerry Reppucci Jack Currier Kathy Vitale J.P. Boucher Ken Gray, 5 Kennedy Drive, Nashua, NH. Mr. Gray said that he bought the house from his father, and has greatly improved the property. He said that they have almost an acre of land in the back yard, and it’s landlocked. He said that his son needs a place to stay and decided to build a small apartment above the garage for him. He said that both of them have aging parents that may move in with them in the future as well. Mr. Gray said that no one will even ever see the place, and it will look like the house, and there is plenty of setback, and all the utilities will be tied into the existing house. He said Zoning Board of Adjustment September 8, 2015 Page 7 that the way that the house sits on the lot, there isn’t the access or the room around the back of the house to attach it to the house, that’s why the detached structure is proposed. Mr. Gray said that the garage is going to be mostly used for storage, he said he has a couple tractors. Mr. Currier asked about the accessory dwelling unit regulations, and went over them briefly with the applicant. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Currier to approve the variance application as advertised on behalf of the owner, with both variances taken together. Mr. Currier said that the variances are needed to enable the applicant’s proposed use of the property, which is to have a garage situated behind the house, with a unit above. Mr. Currier stated that it is within the spirit and intent of the ordinance, because this is a unique and very large property for this district, and it’s thin in the front, therefore, that is why it is within the spirit and intent of the ordinance. He said 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 Ms. Vitale. MOTION CARRIED UNANIMOUSLY 4-0. MOTION by Mr. Currier to approve the special exception application as advertised. Mr. Currier said that the use is listed in the Table of Uses, Section 190-32. He said that the use will not create undue traffic congestion, or unduly impair pedestrian safety. Mr. Currier said that the use will not overload public water, drainage or sewer or other municipal systems, and all special regulations will be fulfilled per testimony. He said that the Zoning Board of Adjustment September 8, 2015 Page 8 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 Ms. Vitale. MOTION CARRIED UNANIMOUSLY 4-0. MISCELLANEOUS: REGIONAL IMPACT: The Board determined that there are no cases of Regional Impact. MINUTES: July 14, 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. REHEARING REQUESTS: None. ADJOURNMENT: Mr. Reppucci called the meeting closed at 7:20 p.m. Submitted by: Mr. Boucher, Clerk. CF - Taped Hearing