Zoning Board of Adjustment Meeting Transcript 2025-12-09
Zoning Board of Adjustment Meeting - December 9, 2025
The Nashua Zoning Board of Adjustment convened its regular meeting on December 9, 2025, to review five applications including special exceptions, variances, and requests for extensions. The board heard testimony from applicants, city officials, and public members, ultimately granting four applications unanimously after deliberation regarding public interest, property hardship, and neighborhood character.
Consent Calendar
- None listed; all items were brought forward as public hearing items.
Public Comments & Testimony
- Alderman Patricia Klee, Nashua Alderman, expressed full support for the DPW garage project, noting the conservation commission's blessing and the lack of unique creature habitation in the target wetlands.
- Alderman Alicia Greg, Alderman at Large and State Representative, stated strong support for the DPW garage, emphasizing critical health and safety concerns in the current facility and the necessity of completing Phase 2 of the DPW facilities project.
- Alderman Michael O'Brien, Alderman at Large, expressed strong support for the DPW garage, citing the inefficiency of the current infrastructure and the cost benefits of preserving city equipment.
- Janice Archon (via letter), resident of Teak Drive, expressed strong opposition to the DPW garage, fearing negative impacts on protected wetlands and community integrity over 40 years, though the applicant clarified no connection to Teak Drive exists.
- Scott Cody, Vice President of Facilities for Southern New Hampshire Health System, expressed full support for the Southern New Hampshire Regional Medical Center signage variance, highlighting the need for improved wayfinding for emergency vehicles and patient safety.
- Resident of 13 Fulton Street (Neighbor) expressed concerns regarding the Jacob Diamond access unit variance, noting a history of multiple units in the property and parking issues, and requested the board ensure the property remains a single-family home.
- Guy Paternal, resident of 25 Fulton Street, corroborated neighbor concerns, stating he observed the second and third floors being occupied by tenants previously.
- Michael Patton, resident of 14 Fulton Street, expressed concerns about the occupancy of the property as a multi-unit dwelling in the past and the limited parking capacity.
Discussion Items
- City of Nashua DPW Garage (Special Exception): Applicants argued the project is necessary for operational safety and equipment preservation. Board members noted the wetlands are man-made, low-quality, and that water treatment efficiency will improve with the new infrastructure.
- Progress Realty Trust (Variance Extension): The applicant sought a two-year extension for previous variances approved in 2024. Board members agreed the original rationale regarding the conversion of an outdated office building to residential use in a growing area remains valid.
- Southern New Hampshire Regional Medical Center (Variance): The applicant requested larger signage for wayfinding to a complex medical campus. Board members emphasized the safety necessity for emergency vehicles finding the facility and the unique nature of the sprawling campus.
- Optima Dermatology (Variances): The applicant requested variances for additional wall and ground signage at a busy intersection in an RC zone. Board members discussed the unique traffic patterns, high visibility needs, and the need to prevent drivers from turning into adjacent locations.
- Jacob Diamond (ADU Variance): The applicant requested a variance to build an ADU exceeding the 750 sq ft limit (proposing 860.55 sq ft). Neighbors opposed, citing potential multi-unit operations and parking congestion. The board acknowledged neighbor concerns but found the applicant's single-family residence claim consistent with city records and state ADU rules.
- 36 Granite Street (HAB Ruling Compliance): Board members discussed the need to clarify findings of fact from a September 26, 2023 hearing regarding the denial of a two-dwelling variance. The board unanimously agreed to restate findings that the proposal altered neighborhood character, was not consistent with the ordinance (creating two principal uses), did not meet the uniqueness criteria, and that alternative ways existed to create a unit without a variance.
Key Outcomes
- DPW Garage: Approved unanimously. The board found the five special exception criteria met, noting the low quality of the wetlands and public benefit.
- Progress Realty Trust: Approved unanimously for a two-year extension of the January 9, 2024 variance findings without changes to the original plan.
- Southern New Hampshire Regional Medical Center: Approved unanimously. The board granted the wall sign area variance for Prospect, Dearborn, and Medical Center Drive.
- Optima Dermatology: Approved unanimously. The board granted variances for a second wall sign, increased ground sign size, and increased ground sign height.
- Jacob Diamond (ADU): Approved unanimously. The board granted a variance for an ADU exceeding the 750 sq ft limit to 860.55 sq ft, noting the awkward layout of the 1902 structure.
- 36 Granite Street Findings: Motion passed unanimously to formally clarify the findings of fact for the housing appeals board, stating the variance does not meet the five criteria due to neighborhood character, ordinance consistency, lack of unique conditions, and the availability of alternatives.
- Adjournment: The meeting was adjourned at 8:31 PM.
Meeting Transcript
Good evening, everybody. Welcome to December 9th meeting of the Zoning Board of Adjustment. My name is J. Mankara, ZVA chair. To my right is Vice Chair Josh Neely. To his right is Member JP Boucher. And then across the stage, Member Steve Lynel and alternate Joseph Potri. Because we only have four regular members this evening, Mr. Potri will be participating in voting on all the cases, of course, unless he needs to recuse himself for any reason. So tonight we have applications for both variances and special exceptions. A special exception is a use that's allowed under the zoning ordinance so long as certain conditions are met. A variance is a request to deviate from the conditions of the ordinance and or the requirements of the ordinance. And for the board to grant variance, we have to find that five criteria are met. We have to find that granting the variance would not be contrary to the public interest, that it would be consistent with the spirit of the ordinance, that by granting the variance, substantial justice would be done to the owner seeking it, that there be no diminution of surrounding property values, and that owing to a special condition of the property, denying the variance would result in an undue hardship to the applicant seeking it. So in terms of the order of the business, uh I will read the case into the record, and then the applicant is requested to come forward up to the podium. You'll be asked to state your name and address, and then you have up to 15 minutes to present your case to the board. You don't have to use the 15 minutes, but you do have the option. And then following that, I'll ask if there's anybody in the audience who wishes to speak in favor of the application. And uh each person will also come forward to the microphone and state his or her name or address, and I will have up to five minutes to address the board. Again, you don't have to use five minutes, but you have the option. And then following that, I'll ask if there's anybody in the audience who has any questions, concerns, or opposition. And again, each person will have the opportunity to come up to the microphone. Uh we'll have five minutes to uh address the board. Then following that, the uh applicant will have the opportunity to come forward uh and we'll have uh up to five minutes to provide any rebuttal. Then following that, uh, we would allow one person who spoke in opposition uh with questions, concerns to the application to come forward and have the last say. And again, that would be for up to five minutes. That is only one person. Uh so if there are a few people who wish to comment at that point, we'll give you the opportunity to deliberate amongst yourselves. Uh so hopefully um that is clear, but we'll we'll provide reminders as we go along the way. Uh and I should have noted that to my left is Deputy Planning Manager Carter Falk. Uh Mr. Falk, are there any changes to the agenda this evening? Uh no, there are not. Right. So given that, then I will call the roll on Mr. Neely. Present. Mr. Boucher. Present. Mr. Lynnell. Present. Mr. Patrick. Present. And I J. Mankara and present as well. Uh so I'm going to read the first case into the record. Uh the application of the City of Nashua, Division of Public Works at 848 West Holler Street, requesting a special exception from the land use code section 190-112 to impact two other wetland areas, man-made drainage swells, totaling approximately 3,992 square feet to facilitate the construction of the proposed Department of Public Works garage and maintenance facility project.
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