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Zoning board approves variance to allow hot tub at 97 Wellington St.
Summary
The Nashua Zoning Board of Adjustment on Feb. 24 approved a variance allowing a hot tub to encroach 7 feet into the Columbia Avenue front setback at 97 Wellington Street, citing corner-lot constraints, proximity to electrical service and lack of neighbor objections.
On Feb. 24 the Nashua Zoning Board of Adjustment approved a variance to allow a hot tub at 97 Wellington Street to encroach 7 feet into the 20-foot front-yard setback along Columbia Avenue.
The board granted the Maestroski Revocable Trusts request (trustees Denise and Allen Maestroski) after hearing that the property is a narrow corner lot, the hot tub site is screened by a six-foot fence and the location was chosen because of proximity to the electrical meter and panel. Chair Jam Cara read the application into the record and explained the board must find that five variance criteria are met before approval.
The applicants told the board they purchased and had the hot tub delivered and placed it in the only practical location in a small, enclosed backyard. Denise Maestroski said contractor Johnson's Electric began the permitting process for electrical work and that process revealed the need for a land-use/building review. "We have no other place to go with it," she said, describing the yard as narrow and screened from neighbors. The applicants said they had a concrete slab poured for stability at a cost of about $1,200 and that neighbors had not objected.
During questioning, a committee member noted the corner-lot status creates two front-yard setbacks, which prevented placing the tub in what would otherwise be a side yard. City staff explained that the hot tub is treated as an accessory structure requiring land-use review and that the electrical-permit application prompted the building/land-use check. Board members said the combination of the lots physical constraints, the proximity to electrical service and the lack of testimony from neighbors weighed in favor of granting a variance.
A committee member moved to approve the variance for the Maestroski Revocable Trust (Denise and Allen Maestroski) to encroach 7 feet into the required 20-foot Columbia Avenue front-yard setback to install a hot tub in the RA zone (Ward 3). The motion was seconded by alternate Joseph Patri. The chair announced the motion carried and that the approval is subject to the usual 30-day appeal window.
Staff advised the applicants that they may proceed with contractor scheduling and required permits. No members of the public spoke for or against the application at the hearing.
The board then moved on to administrative items, including missing minutes and packet-delivery delays, and adjourned at approximately 6:45 p.m.
