(a) A special exception to work within the 75 foot prime wetland buffer of
Salmon Brook, granted by the Zoning Board of Adjustment (the “ZBA”) on
October 30, 2020, after receiving a favorable recommendation from the
Conservation Commission on January 7, 2020;
(b) A variance from the minimum lot frontage requirements under the Land Use
Code where 60 feet is required and zero feet is provided granted by the ZBA
on October 30, 2020;
(c) A variance from the minimum lot width requirements of the Land Use Code
where 75 feet is required and zero feet is provided granted by the ZBA on
October 30, 2020;
(d) A special exception to work within the 75 foot prime wetland buffer of
Salmon Brook to construct a 35-40 foot long driveway retaining wall,
granted by the ZBA on October 12, 2021.
9. The Petitioner filed with the Planning Board an application for issuance of a Special
Use Permit to allow construction of the single-family dwelling at 19 Roby Street. A public hearing
on the application will by held by the Planning Board on February 17, 2022.
10. Attached to this application is the plan set prepared by the Petitioner’s project
engineers, Hayner/Swanson, Inc. consisting of three (3) sheets, including the Lot Layout Grading
Plan (the “Plan Set”).
11. As shown on the Plan Set, 19 Roby Street is to be serviced by municipal sewer,
water by Pennichuck Water Works, Inc., underground gas and overhead electric and
telecommunications utilities. See Note 8 on the Plan Set.
12. Access to 19 Roby Street comes off the publicly maintained portion of Roby Street
into the paper street portion of Roby Street (relative to which the Petitioner has ownership to the
centerline and access rights over its entirety) and onto 19 Roby Street, improved by the proposed
retaining wall.
13. As such, 19 Roby Street will be fully accessible for utility services and access,
including access for emergency vehicles.
14. _ In accordance with RSA 674:41, I (d) (2) and (3) respectively, the Petitioner agrees
(i) that the City of Nashua neither assumes responsibility for maintenance of the paper street
portion of Roby Street (the private road) nor liability for any damages resulting from the use
thereof and (ii) to produce evidence that notice of the limits of municipal responsibility and liability
have been recorded with the Hillsborough County Registry of Deeds, in the form of a notice
acceptable to the Community Development Division of the City of Nashua.
WHEREFORE, the Petitioner respectfully requests that the Board of Aldermen grant this
Petition to authorize the issuance of a building permit(s) for a single-family dwelling and for utility
services, a retaining wall and related improvements at 19 Roby Street in accordance with RSA
674:41, I (d).
