Good evening, everybody, and welcome to the August 12th meeting of the Zoning Board of Adjustment.

Just an announcement, if anybody is here for case number one, that was the application of the City of Nashua Division of Public Works, that was requesting a special exception for a sign.

That has been postponed till the September 9th meeting.

So if you are here for that case, we will not be hearing it this evening.

So otherwise, welcome everyone.

With me this evening is JP Boucher member, an alternate Joseph Potri.

Also to my left, uh Carter Falk, Deputy Planning Manager.

As you can see, we only have two regular members here this evening and one alternate.

So Mr.

Potri will be uh alternates are always welcome to participate uh in discussions on every case, but Mr.

Patrick will be voting on all the cases this evening.

I should ask, just because three people is a minimum uh that can pass a uh on any article and is also or any petition and is also the minimum we need for a quorum.

Uh, do either of you need to recuse yourself from any of these cases?

No.

I do not either.

So we all three of us will be participating on all the cases.

Uh so just gonna run through uh the order of business.

So this evening we have uh applications uh before us for variances and for a special exception.

Uh so a special exception is a use that's allowed under the zoning ordinance so long as certain requirements are met.

A variance is a request to deviate from the strict requirements of the zoning ordinance.

And in order for the zoning board to find uh in favor of an application to grant a variance, um, we have to find that granting the variance is not contrary to the public interest, that granting uh in granting the variance, uh the spirit of the ordinance uh would be observed, that substantial justice would be done, that there be no diminution of surrounding property values, and that owing to some special condition in the property, uh you denying the application for the variance would result in an unnecessary hardship to the owner or to the applicant.

Uh so we do have to find uh in favor of all five of the criteria.

So the ordinary order of business is going to be uh I'll read the case into the record, and the applicants will be invited to come forward and uh present their case to the board.

Each applicant has up to 15 minutes uh to present his or her case.

Um you don't have to take 15 minutes if you don't want to, um, but you do have uh uh that time allotted.

The board can also ask questions during that time.

Afterward, um we will ask if there are is there any if there's anyone in the audience who wishes to speak in favor of the application.

If there is anybody who wishes to speak in favor, you come up to the podium, uh give your name and address, and you have up to five minutes to address the board.

Um following that, we'll ask if there's anybody in the audience who has any questions, concerns, or opposition.

And similarly, uh each of you um may come up to the podium.

You have five minutes uh to state your concerns to the board.

Um following that, the applicant will have the chance to rebut any of those comments.

So again, up to five minutes.

That's discretionary.

If the applicant does not want a rebut, they don't have to, but it is up to them.

And then after that, um we will ask uh that for those who may have had questions, concerns, or opposition, one person representing that whole group, if there is a whole group, uh, can come forward and you know give your final thoughts.

Basically, how you could have the last word.

Again, that will be up to five minutes.

Um, that's totally discretionary.

Uh and in some cases there won't be anybody speaking either in for or against.

That's not uncommon.

Um so with that, um any other changes to the agenda, Mr.

Falk?

Uh no, there are not.

Right.

And is there anything else that I missed?

Uh if not, then I am going to read the first case into the record.

Uh, this is the application of Morgan Family Investments, LLC, for three um three Kirk Street, Unit 57, requesting the following variances from land use code section 190-16, table 16-3.

One, for minimum lot area, 7500 square square feet required, 5,891 square feet proposed for lot 61-31, and proposed um, and 50.

I'm sorry, I lost my I oh I lost my place.

Um for both lots.

And two, for minimum lot depth, 90 feet required, 78.86 feet proposed for each lot.

Both requests to remove an existing two-family dwelling, subdivide the lot into two lots to construct a single family home on each lot.

That's in the RA zone in Ward 2.

Is the applicant present?

Good evening, Mr.

Chairman, members of the board.

My name is Morgan Hollis.

I'm an attorney with Godesman and Hollis, 39 East Pearl Street in Nashua, and I'm here representing the owner and the applicant, Morgan Family Investments, LLC.

With me this evening is the manager, Tim Morgan, so he can answer questions if they come up.