Zoning Board of Adjustment Meeting - September 24, 2025
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Zoning Board of Adjustment Meeting - September 24, 2025
The Nashua Zoning Board of Adjustment met on September 24, 2025, to consider two variance applications. The board approved both applications unanimously. The meeting also included approval of minutes from August 26, 2025, with corrections, and scheduling of next year's meetings.
Public Comments & Testimony
- No members of the public spoke in favor or opposition for either variance application.
Discussion Items
- Application 1: Stephen Kelly and Ann Marie Gifford, 56 Raleigh Drive – Requested variances to construct an attached 24x27 garage encroaching up to 3 feet into the 10-foot left side yard setback, and a 22x12 deck encroaching 1 foot 10 inches into the 30-foot rear yard setback. The applicants stated the property has a walkout basement with a slider that currently lands on the ground, and the rear setback abuts Old Maid's Brook. A retaining wall built in 2005 for a two-car garage exists. The neighboring house already has a similar encroaching garage. The board found the variances met the criteria, citing commonality of garages and decks, the need for safe access, and no public opposition.
- Application 2: Carrie Quintero Norina, 121 Linwood Street – Requested a variance to encroach 7 feet into the 20-foot front yard setback on Brewster Street to construct an 8x10 shed. The applicant explained that the backyard is sloped and floods, and the garage is now used for a car. The shed would be placed on the only feasible side. The board noted the property has three front setbacks due to street orientation, and the location is reasonable. The variance was approved.
- Minutes Approval – Corrections were proposed by member Patrick for the August 26, 2025 minutes. The board approved the minutes as amended.
- Next Year's Agenda – The board reviewed proposed meeting dates for 2026, noting no conflicts with elections. Dates will be posted online.
- Board Discussion on Motion Language – Member Neely suggested that when addressing the property value criterion, the board should state an affirmative finding (e.g., "we believe there will be no effect") rather than simply noting the absence of testimony. The board agreed to incorporate this practice.
- Request for Site Plan – For upcoming cases at the Four Hills property, the board requested a site plan or master plan to better understand the layout and connectivity of the two proposed applications.
Key Outcomes
- Variance for Kelly/Gifford (56 Raleigh Drive) – Approved unanimously. Motion by Vice Chair Neely, seconded by Joseph Potri. 30-day appeal window.
- Variance for Quintero Norina (121 Linwood Street) – Approved unanimously. Motion by Member Boucher, seconded by Joseph Potri. 30-day appeal window.
- Minutes of August 26, 2025 – Approved with corrections.
- Next Meeting – Scheduled for October 14, 2025, with two applications for the Four Hills property.
Meeting Transcript
Interesting. Well, good evening, everybody, and welcome to the September 23rd meeting of the Zoning Board of Adjustment. My name is Jamon Cara, ZBA chair. To my right is Josh Neely, Vice Chair. Following that, member JP Boucher. And then going across the stage there, Robert Shaw, member, and alternate Joseph Potri. We only have four regular members with us this evening, so Mr. Potri will be not only joining us in the discussions, but we'll be voting as well. So this evening we have two applications. Both of them are for a variance. I should note that if anyone is here, I don't think so. But if you are here for the City of Nashua, Chief Steve Buxton application for 25 Teak Drive, that is being postponed until uh Tuesday, October 14th. Um, just to make sure. Uh so we have two applications for a variance this evening, as I mentioned. Uh a variance is a request to deviate from the strict terms of the ordinance. And in order for uh the zoning board to grant a variance, we have to find that five criteria are met. We have to find that um it is with this it within the spirit of the ordinance. We have to find that substantial justice would be done. We have to find that um it would be within the public interest or not contrary to the public interest. We have to find that there'd be no diminution of surrounding property values, and also that due to owing to uh special conditions of the property, denying the variance would result in an undue hardship to the applicant who's seeking it. Um I think all of you know that who are applicants, you've uh I'm sure seen it within your uh applications. Um so the order of business is going to be that um each applicant will be invited to come forward up to the podium. Uh you'll be asked to give your name and address for the record. And then you have up to 15 minutes to present your case. You don't have to take 15 minutes, but you have up to 15 minutes. Um next, we will ask uh if anybody in the audience has uh wants to speak in favor of the application, and they will have five minutes each to speak in favor. Um following that, we will ask if there's anybody who has questions, concerns, or opposition to the application, and they will each have five minutes as well. And then again, this looks very unlikely, but um the uh well, I should say uh I'll back up a little bit. So the applicant will then have the opportunity to provide a rebuttal to um any of the comments made again, it's optional. Uh and then if there is anybody who wishes to speak who had uh opposition to the application or questions and concerns, one person can come forward and we'll have five minutes to give the last word. Um after everybody's had a chance to provide their testimony, I will close the public hearing and we'll open up the deliberation of the court. Um the board will deliberate the case. We may decide to take a vote this evening uh on the merits of the application to grant or deny, or um in some cases doesn't happen too often, but where additional information is needed, we might vote to continue it to a future agenda. Uh so that's generally the order of business. I should note that also um to my left is Carter Falk, Deputy Planning Manager. Guessing some of you have at least had the opportunity uh to work with. Uh so with that, I'm going to call the roll. Uh Mr. Neely, President. Mr. Boucher. Present. Mr. Shaw. Present. Mr. Potri. Present. Anything else I missed in the introduction? There's not.
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