The Nashua Zoning Board of Adjustments (ZBA) convened with four members present due to the absence of the Chair, establishing that a simple majority (3 votes) is required for approval in the event of a 2-2 tie, which constitutes a denial. The meeting addressed two variance applications, a rehearing request regarding a previous decision, and standard administrative items. The board unanimously approved both variance applications after deliberation, while simultaneously denying a rehearing request submitted by the applicants of 36 Granite Street, citing procedural compliance and a lack of new material evidence.
January 27th 2026 meeting of the Zoning Board of Adjustments. Just a really quick statement that the minutes and audio visual recordings will be available at Nashua Newhampshire.gov. My name is Josh Neely. I am the vice chair. Unfortunately, the chair could not be with us tonight. Up here on the stage with me to my left is Carter Fawkes, City Staff, who some of you probably have worked with uh to get your applications where they needed to be. To my right is member JP Boucher, uh member Stephen Lionel, and member assistant, associate alternate. There we go. I was gonna get the right A word eventually. Uh Joseph Patrick. Uh Mr. Patrick will be voting on all of the um at you know his discretion will be voting on all of the cases tonight as we only have four members. Uh normally this is a five-person board uh vote tonight because there's only four of us. Um any votes that end in a two to two tie will be considered uh the the um case will not go forward. That would that'll be considered um declined. Uh any any questions on that at all? Everybody's okay with a smaller board. Okay. All right. Uh in just a few moments, I'm gonna do an official roll call, but before we get to that, I want to talk about how this um this night is going to flow. Um we have applications for two different variances tonight. And if you remember from your application, there are five points of law that need to be met for a variance. In order for the variance to pass, all five uh points of law must be met. Uh the first one is that a variance will not be contrary to the public interest. The spirit of the ordinances is observed, substantial justice is done, the value of surrounding property is not diminished, and literal enforcement of the provisions of the ordinance would result in unnecessary hardship to the applicant. Um tonight, we will call you up uh one by one on each case. When you come up to the microphone, you have up to 15 minutes to present your case. Um please rest assured know that we have read all of your applications, uh, every piece of it. So you do not need to restate everything in that's in there. That is your right to do so. Um, however, please be aware that um we had definitely have looked at every one of your packets. Uh when you come up to the microphone, please state your full name and address. And uh after your allotted 15 minutes and you do not need to take the full 15 minutes, we are going to ask if there's anybody in favor. If anybody in favor of the application wants to speak, they have up to five minutes. Once again, um state your full name and address, and you have up to five minutes to discuss the application. Uh after that, we will ask if anybody is opposed to the application, and those folks once again have to state their name and address, and then have up to five minutes to uh declare why they are against an application. In the event that someone is against the application, the applicant will have uh five minutes to respond. And if in the unlikely event that happens, one and only one person in opposition may then respond five minutes after that. Uh based on the number of folks in this room, I don't think that's gonna be an issue tonight, uh, but that is the way the flow is going to happen. Um after we hear from the applicants and anybody in favor and opposed, we do close the public hearing and we go to a public meeting. Uh at that point, all the members up here on the stage will discuss your case and make a decision. Um tonight, you must have three votes in favor. So, as uh just a reminder, a to two to two vote um will be a failure of the application. And at this point, I'd like to call an official roll call. Uh so I'm gonna start to my right. Mr. Boucher. Present. Mr. Lionel.