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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Nashua Planning & Economic Development Committee Meeting: Nov 18, 2025

Board of Aldermen Meetings — Wednesday, November 19, 2025

BodyNashua, New Hampshire

SessionBoard of Aldermen Meetings

DateWednesday, November 19, 2025

StatusFILED

Video Record

0:00 / 2:02:29

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:35

Oh, so we're getting through zero.

0:40

If you can let me see that, it doesn't look like anyone's logged on.

0:52

Do we need this?

0:54

I'll mute Zoom in my end so it doesn't play it twice.

0:57

But no one else is in, they don't need it in the test.

1:22

Test?

1:23

Test.

1:24

All right.

1:24

Sounds like it's working.

1:25

All right.

1:26

Um meeting of the planning and economic development committee was held today, Tuesday, November 18th, 2025, at 701 p.m.

1:32

in the automatic chamber, and duly noticed in two places, including the city's website, in accordance with the requirements of RSA 9182 Section 2.

1:40

Uh with the Kirk Clerk, please call the roll.

1:42

Well, Matlarge, Melbourne Moran Junior Chairman.

1:45

Here.

1:45

Alderman Derek Thibault is here.

1:47

Alderman Ernest A.

1:48

Jetty?

1:48

Here.

1:49

Alderman at large, Ben Clemens?

1:51

Here.

1:52

Alderman Tyler Govea, Vice Chair.

1:54

Here.

1:56

Thank you.

1:56

We also have Matt Sullivan, community development director, and Sam Durfee, planning manager who's on Zoom, I believe.

2:03

Is he on there?

2:04

Or he is, okay.

2:06

I wonder if I can.

2:07

Okay.

2:08

Um so we're gonna have open up a public hearing for O 25-073, amending the land use code regarding approved subdivision exemption.

2:17

Is there any introduction to each of these before we call for testimony?

2:22

Director Sullivan.

2:24

Yes, uh, thank you, Mr.

2:25

Chair, Matt Sulvin, Community Development Director for the City of Nashua.

2:28

Uh Manager Durfee and I have prepared some brief comments on each piece of legislation.

2:33

Um perhaps what I can do is just provide a brief overview of why we're here with these five pieces of legislation, dive into the first piece, 025073, and then we can either go right in a row or happy to allow the public hearing between each piece subject to your discretion, Mr.

2:48

Chair.

2:48

Yeah, let's just go straight through.

2:50

Okay.

2:52

Great.

2:52

Um and I did note that the clicker wasn't working for me all earlier, so perhaps if the clerk or chair could advance the slides when when we get to we can stay on the slide for a minute, but unfortunately I couldn't find a way to move the slides along from up here.

3:04

Um the first piece of legislation before you this evening, uh before I jump into that actually, there's a reason why we're here this evening for these five pieces of land use legislation.

3:14

You're well aware that we're underway with our land use code update, the recode effort that Mr.

3:18

Durfee has been before the committee presenting on for several months.

3:21

Um you're also aware that we're doing our best to avoid substantial changes to the land use code while their effort is underway, recognizing that the code will likely not be in place until mid-2026.

3:32

But the five pieces of legislation before you this evening are actually uh initiated completely at the state level through legislature changes over the last uh two years, with four of these amendments being the result of 2025 uh legislative actions at the state level and one being the result of a 2024 effort.

3:50

And so with the exception of a few small items tonight, a few small items within the five pieces of legislation, all of these changes are well prescribed by state legislative actions.

4:01

And I'll talk about what those exceptions are as we go through uh the items this evening.

4:06

I did just want to quickly note the text in italics there.

4:09

And that is to say that these five pieces of legislation are not the only changes to how we apply our land use code based on recent state legislative actions, one example being uh HP 631 that changed how uh certain uses are allowed in in different zones.

4:24

But these are the five that required immediate action on our behalf because of their effective date and immediate changes that were needed to our ordinances or in order to comply with the state law changes.

4:34

So uh Mr.

4:35

Clerk and Mr.

4:35

Chair, if you wouldn't mind going to the next slide, I'm happy to jump into the first one and uh Manager Durfee who's on as well will cover any of the gaps in my knowledge.

4:43

He and his team directly developed the language that you see before you, uh, but we'll fill in any gaps that might arise during certainly our our overview and then during the public hearing and the committee meeting.

4:53

The first change to O twenty five seventy-three is a modification to what's referred broadly uh to what is referred broadly as the vesting statute.

5:03

Currently, within the city's land use code, when it uh when applying for a subdivision, if an applicant is granted an approval, uh their approval lasts for a period of five years.

5:16

There or there's their approval is vested from changes in land use regulations for a period of five years.

5:22

They get that five-year vesting or protection from changes only if they complete what we refer to as active and substantial development within 24 months of the approval.

5:33

So if you receive your approval today, within 24 months of today, you have to complete active and substantial development.

Discussion Breakdown — Share of Meeting

Zoning Variances█████████████████████████████████████████████52%

Procedural████████████14%

Historic Preservation████████9%

Public Safety██████7%

Family Daycare Facilities██████7%

Public Health Services███3%

Parking Regulations███3%

Accessory Dwelling Units███3%

Public Works█1%

Summary of Proceedings

Nashua Planning & Economic Development Committee Meeting: Nov 18, 2025

The Planning & Economic Development Committee convened on Tuesday, November 18, 2025, at 7:01 p.m. to review and act upon five pieces of land use legislation mandated by recent New Hampshire state legislative changes. Staff presented amendments to the city's land use code regarding subdivision vesting, home-based child care, on-site parking, accessory dwelling units (ADUs), and unrelated occupancy. While most items were presented as necessary compliance with state law, significant public testimony and committee discussion focused on the potential housing impacts of ADU expansions, the removal of unrelated occupancy limits, and concerns regarding neighborhood character.

Consent Calendar

Staff received communications from Deputy Planning Manager Connor Muse regarding referrals of ordinances O-25-073 through O-25-077 from the Board of Alderman; these communications were accepted and placed on file without objection.

Public Comments & Testimony

Dan Richardson (70 Berkeley Street):
- Position: Expressed strong opposition to Ordinance 025-076 (ADUs) and Ordinance 025-077 (unrelated households).
- Arguments against ADUs: Argued that expanding ADU size limits to 980 square feet (or 1200 for existing structures) invites "property flipping" and damaging rental proliferation in quality neighborhoods. Stated that removing "S" (Special Exception) designations in the use matrix allows ADUs in industrial zones where residential uses are non-conforming, potentially disrupting area character. Expressed concern that the phrase "adequate water supply" is undefined and that requiring a covenant before the building permit (rather than CO) neglects resident protection.
- Arguments against Unrelated Households: Opposed the removal of Table 16.1, arguing it eliminates all occupancy limits regardless of fire safety concerns. Noted the potential for "unrelated individuals" to be packed into homes like "cockroaches" (citing past instances of 10-20 people per house). Concerned that removing limits on elderly housing, dormitories, and nursing homes could negatively impact city quality of life.

Discussion Items

Ordinance 025-073 (Subdivision Vesting): Director Sullivan explained that state law extends the period for "active and substantial development" from 24 to 36 months and extends the subsequent protection from code changes from 5 to 7 years. Staff noted this change is retroactive to approvals granted after July 1, 2023.
Ordinance 025-074 (Child Care Facilities): Director Sullivan clarified that the ordinance brings city code into compliance with state law (HB 1567) to allow family daycare as an accessory use by right in all residential zones. He confirmed that DHHS rules (HRS 485-A:38, HEC 4002) regarding space requirements and licensure remain in full force for all facilities.
Ordinance 025-075 (Parking Requirements): Staff explained that state law (SB 284) mandates a maximum of one parking space per dwelling unit. The committee corrected a clerical error in the code preventing a maximum of 22 spaces for manufactured homes and clarified that the 1.9 multiplier for multifamily units was a past data-based standard not to be modified by this ordinance.
Ordinance 025-076 (Accessory Dwelling Units):
- Staff Presentation: Director Sullivan and Manager Durfee detailed changes allowing detached and attached ADUs by right, removing special exception requirements. Staff noted the city exceeded state minimums by allowing a maximum of 980 sq. ft. (state was 950) and allowing up to 1,200 sq. ft. for units within existing structures without expansion.
- Alderman Jetty's Position: Expressed concern that removing special exceptions and limiting ADU size to 1,200 sq. ft. in existing homes creates unfair barriers for large homes divided by families needing larger separate units. Questioned if a widow needing to house a family could utilize existing space without hardship variance hurdles. Sought clarification on Historic District Commission (HDC) authority, noting that specific design restrictions for ADUs were removed from the code.
- Alderman Clemens' Position: Supported the 1,200 sq. ft. limit as a reasonable balance to protect neighborhood character while adhering to state intent, noting that variances are available for cases exceeding this limit but requiring proof of hardship.
- Alderman Thibault's Position: Emphasized the need for parking solutions, noting that without on-site space, residents must secure off-site parking agreements, which may be impractical for some. Confirmed ADUs within historic districts are subject to HDC design review, even if the "by right" use status is maintained.
Ordinance 025-077 (Unrelated Households):
- Alderman Clemens' Position: Expressed opposition to immediate passage, urging the committee to draft separate regulations for quasi-commercial residential uses (bed and breakfasts, nursing homes, dormitories) to maintain occupancy limits for business operations, distinguishing them from true private residential dwellings.
- Director Sullivan's Position: Clarified that the state law prevents regulating based on family relationships but does allow for general occupancy limits (e.g., square footage per person) if applied uniformly. However, staff acknowledged the difficulty in defining these limits without unfairly penalizing affordable housing or generational living.
- Committee Consensus: Several members, including Alderman Thibault and Govea, agreed to table the discussion to allow staff to research and propose specific amendments regarding quasi-commercial uses, rather than passing the ordinance without addressing commercial occupancy.

Key Outcomes

Ordinance 025-073: Recommended for final passage with unanimous vote (Yea).
Ordinance 025-074: Recommended for final passage with unanimous vote (Yea).
Ordinance 025-075: Recommended for final passage with unanimous vote (Yea); clerical error regarding manufactured home parking (22 vs. 2) corrected.
Ordinance 025-076: Recommended for final passage with unanimous vote (Yea).
Ordinance 025-077: Motion to Table ordinance for further study and potential amendment regarding quasi-commercial occupancy limits carried with unanimous vote (Yea). The committee will reconvene before the Christmas break to review a potential amended version.
Final Adjournment: The meeting was adjourned at 9:02 p.m.

Meeting Transcript

Oh, so we're getting through zero. If you can let me see that, it doesn't look like anyone's logged on. Do we need this? I'll mute Zoom in my end so it doesn't play it twice. But no one else is in, they don't need it in the test. Test? Test. All right. Sounds like it's working. All right. Um meeting of the planning and economic development committee was held today, Tuesday, November 18th, 2025, at 701 p.m. in the automatic chamber, and duly noticed in two places, including the city's website, in accordance with the requirements of RSA 9182 Section 2. Uh with the Kirk Clerk, please call the roll. Well, Matlarge, Melbourne Moran Junior Chairman. Here. Alderman Derek Thibault is here. Alderman Ernest A. Jetty? Here. Alderman at large, Ben Clemens? Here. Alderman Tyler Govea, Vice Chair. Here. Thank you. We also have Matt Sullivan, community development director, and Sam Durfee, planning manager who's on Zoom, I believe. Is he on there? Or he is, okay. I wonder if I can. Okay. Um so we're gonna have open up a public hearing for O 25-073, amending the land use code regarding approved subdivision exemption. Is there any introduction to each of these before we call for testimony? Director Sullivan. Yes, uh, thank you, Mr. Chair, Matt Sulvin, Community Development Director for the City of Nashua. Uh Manager Durfee and I have prepared some brief comments on each piece of legislation. Um perhaps what I can do is just provide a brief overview of why we're here with these five pieces of legislation, dive into the first piece, 025073, and then we can either go right in a row or happy to allow the public hearing between each piece subject to your discretion, Mr. Chair. Yeah, let's just go straight through. Okay. Great. Um and I did note that the clicker wasn't working for me all earlier, so perhaps if the clerk or chair could advance the slides when when we get to we can stay on the slide for a minute, but unfortunately I couldn't find a way to move the slides along from up here. Um the first piece of legislation before you this evening, uh before I jump into that actually, there's a reason why we're here this evening for these five pieces of land use legislation. You're well aware that we're underway with our land use code update, the recode effort that Mr. Durfee has been before the committee presenting on for several months. Um you're also aware that we're doing our best to avoid substantial changes to the land use code while their effort is underway, recognizing that the code will likely not be in place until mid-2026. But the five pieces of legislation before you this evening are actually uh initiated completely at the state level through legislature changes over the last uh two years, with four of these amendments being the result of 2025 uh legislative actions at the state level and one being the result of a 2024 effort. And so with the exception of a few small items tonight, a few small items within the five pieces of legislation, all of these changes are well prescribed by state legislative actions. And I'll talk about what those exceptions are as we go through uh the items this evening. I did just want to quickly note the text in italics there. And that is to say that these five pieces of legislation are not the only changes to how we apply our land use code based on recent state legislative actions, one example being uh HP 631 that changed how uh certain uses are allowed in in different zones.

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