Nashua Zoning Board of Adjustment Meeting - August 26, 2025
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Nashua Zoning Board of Adjustment Meeting - August 26, 2025
The Zoning Board of Adjustment (ZBA) of Nashua, New Hampshire, convened on August 26, 2025, at 7:00 PM. The meeting was chaired by Jay Mankara, with members Josh Neely (Vice Chair), JP Boucher, Steve Lynell, and alternate Joseph Potri (voting as a full member). Deputy Planning Manager Carter Falk was also present. The board considered five variance applications, each requiring findings on five criteria: not contrary to public interest, spirit of the ordinance, substantial justice, no diminution of property values, and undue hardship due to special conditions. Four applications were approved and one was denied.
Case 1: Gateway Community Services – Sign Variance (140-148 Canal Street)
- Applicant: Gateways Community Services, owner Area Agency Properties Inc.
- Request: Two variances from Land Use Code Section 190-101, Table 101-7: (1) to exceed maximum ground signs (one permitted, one existing, one additional), and (2) to encroach 8 feet into the 10-foot required setback, to install a second ground sign in the GI/TOD overlay zone, Ward 3.
- Public Comments: None.
- Board Discussion: All members supported the variance, citing improved safety and wayfinding on a busy street. The existing sign was noted as difficult to find.
- Vote: Approved unanimously (4-0, with all present voting). A 30-day appeal window was noted.
Case 2: Scott and Pamela Goodwin – Driveway Variance (85 Hills Ferry Road)
- Applicant: Scott D. and Pamela J. Goodwin.
- Request: Variance from Land Use Code Section 190-17(E)(1) to exceed maximum driveway width: 24 feet permitted, 22 feet existing, additional 12’ x 41’ expansion on left side for total width of 34 feet, in the RA zone, Ward 3.
- Public Comments: None.
- Board Discussion: Split vote. Members Boucher, Neely, and Potri supported, citing improved safety, reduced on-street parking, and no other feasible options. Members Lynell and Chair Mankara expressed concerns about the lack of special conditions distinguishing the property and the proximity to the neighbor’s lot. The house sits near the front of a narrow lot; the family is expanding and needs parking.
- Vote: Approved 3-2.
Case 3: Aravella Veras and Kevin Morales – Driveway Variance (33 Harvard Street)
- Applicant: Aravella Veras (with interpreter) and Kevin Morales.
- Request: Variance from Land Use Code Section 190-17(E)(1) to exceed maximum driveway width: 24 feet permitted, 10 feet existing, additional 19 feet requested for total width of 29 feet, in the RC zone, Ward 7. The application was essentially after-the-fact for an existing widened driveway; the real need was to obtain a city curb cut for safety.
- Public Comments: None.
- Board Discussion: All members supported, recognizing the need for off-street parking in a dense neighborhood with multi-family units. The existing driveway was heavily used (six to seven cars serving a duplex with three-bedroom units). Safety was a concern due to cars pulling over the curb.
- Vote: Approved unanimously (4-0).
Case 4: Pope Family Trust – Garage Variance (218 Manchester Street)
- Applicant: Jeffrey Pope, trustee.
- Request: Variance from Land Use Code Section 190-264 to exceed maximum accessory use area: 40% permitted, 47% requested (1,200 sq. ft.) to construct a 30’ x 40’ detached garage in the R-18 zone, Ward 2.
- Public Comments: Two neighbors spoke in favor (Brian Way of 80 Ferry Road and Jim Gagnon of 75 Ferry Road), praising the property’s improvements. Several neighbors spoke in opposition: Jamie Bodwell (76 Ferry Road) provided detailed objections regarding size (29 ft. peak height, 14-ft. doors), visual intrusion, inability to screen, and precedent. Sherry Bodwell and Dave Cassen (77 Ferry Road) also voiced concerns about scale and character. An email from Ronald McGraw (224 Manchester Street) supported. A letter signed by four other abutters opposed.
- Board Discussion: Members were concerned that the 1,200 sq. ft. building with 29 ft. peak height (though staff clarified height measured as mean between ridge and eave, meeting 20 ft. limit) was oversized, out of character, and not subordinate to the principal residence. The placement near the front of the lot on Manchester Street was seen as highly intrusive. The applicant already has a two-car garage, shed, and ADU; denial would not cause hardship. The motion to deny passed.
- Vote: Denied 4-1 (only Member Boucher voted opposed to denial, meaning he supported approval).
Case 5: Donna Mayo and Dwayne Morton – Deck/Three-Season Porch Variance (36 Water’s Edge Drive)
- Applicant: Dwayne Morton and Donna Mayo.
- Request: Variance from Land Use Code Section 190-16, Table 16-3 to encroach an additional 3 feet into the 30-foot required rear yard setback (total encroachment 11 feet) to convert a 12’ x 16’ deck into a three-season porch and extend the deck 3 feet, in the R-18 cluster zone, Ward 2.
- Public Comments: A letter from neighbor Harold Scardal (34 Water’s Edge Drive), a trustee of the Lakewood Park Trust, expressed no objections.
- Board Discussion: All members supported. The deck is at the rear of the property abutting protected conservation land; the extension is minor, invisible to neighbors, and addresses mosquito issues. No harm to public interest or property values.
- Vote: Approved unanimously.
Other Business
- Minutes Approval: The board reviewed and approved the minutes from the last meeting with several minor edits (e.g., correcting language in findings). Motion approved unanimously.
- Regional Impact: No items of regional impact were identified.
- Adjournment: The meeting adjourned following the business.
Meeting Transcript
Good evening, everyone, and welcome to the August 26th meeting of the Zoning Board of Adjustment. My name is Jay Mankara, ZBA Chair. Directly to my right is Josh Neely, Vice Chair. Following that, JP Boucher, member, and then going across the stage, Steve Lynell, member, and Joseph Potri alternate. So we have four full members with us this evening. And so for that reason, Mr. Pottery will be unless he needs to recuse himself for some reason. We'll be voting on all of the cases. So just in terms of the order of business and kind of how we operate here. So this evening, all of our applications are for variances. So a variance is a request to deviate from the terms of the zoning ordinance. And so in order for us to grant a variance, the zoning board has to find in favor of five criteria. We have to find that granting the variance would not be contrary to the public interest, that it would be within the spirit of the ordinance, that granting the variants by granting the variance substantial justice would be done, that there'd be no diminution to surrounding property values, and that owing to some special condition of the property, denying the variance would result in an undue hardship to the applicant seeking it. So that's the criteria that we go by. In terms of the order of business, I'll read each case into the record, and then we will invite the applicants to come up to the podium. We will ask you to state your name and your address for the record. And then every each applicant has up to 15 minutes to present his or her case. You don't have to take the 15 minutes if you don't want to, but you have up to 15 minutes. After the close of that, of course, the board may ask questions during that time period. Afterwards, we will ask anyone who wishes to speak in favor of the application to come forward. And anyone who wishes to speak in favor will have five minutes to do so. And again, we'll ask you to come up to the podium. After that, we will ask if there's anybody who has any questions, concerns, or opposition to the application. And they will also have uh up to five minutes each to address the board. Um following that, we will uh offer the applicant the opportunity for a rebuttal, uh, and the applicant will be able to come forward if the applicant wishes uh to rebut uh any comments and we'll have up to five minutes to do that. Following that, um, if there uh was anybody in opposition or with questions or concerns, uh, we will allow one person to come forward and have the last word. So sometimes that happens, sometimes that doesn't. Um with that, uh I'm gonna ask uh Mr. Fock, I should have introduced uh Carter Falk, a deputy planning manager to my left. Mr. Falk, are there any changes or additions to the agenda this evening? No, there are not. All right, so with that, then I'm gonna call the roll. Mr. Neely. Present. Mr. Boucher, present. Mr. Lionel. Present. Mr. Potri. Present. And I, Jim Carr, of course, am present. Uh so the first application is for I saw somebody raise their hand. I'm sorry. Yes, sir. Um procedures, does that allow anybody? Anybody get to speak again?
openpublica.com