Nashua Zoning Board of Adjustments Meeting - January 27, 2026

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.

Consent Calendar

• Minutes Approval: The board voted 4-0 to accept the minutes from the previous meeting, with a motion made by Mr. Boucher and seconded by Mr. Patrick.

Public Comments & Testimony

• 45 Nagel Street (Jira and Alfredo Gutierrez): The applicants, first-time homebuyers who purchased the two-unit dwelling seven years ago, explained they had a driveway extended from gravel to asphalt without initially knowing a variance was required (learning of the requirement two weeks post-construction). They stated the 51-foot total width is necessary for five vehicles since one garage bay is unusable for parking. They expressed no opposition to neighbors.
• 55 Lake Street (Weberson Arajo): The applicant, a contractor and property owner, requested variances for multiple uses including an event planning office, apparel rental, photography studio, aesthetic spa, and a church. Mr. Arajo explained that while the church is a permitted use, the Fire Marshal previously opposed the church's location due to sprinkler requirements for a place of assembly. He noted the applicant was told by the Fire Marshal to move the church to the upstairs hall (which does not require a sprinkler system under current safety assessments) to facilitate the other business variances. He testified he does not have funds currently for a whole-building sprinkler system.
• Fire Marshal's Opposition (Michael DuVarna): Mr. Falk read a letter from the Nashua Fire Marshal opposing the application primarily due to the church's placement. The letter cited non-compliance with NFPA fire and life safety codes, noting that a church was operating without required permits and that the building had not met occupancy safety criteria for the number of occupants. The Fire Marshal stated that approval would present an unacceptable risk to occupants until proper permits and inspections are conducted.
• 36 Granite Street (Rehearing Request): Attorney Christopher Swiniarski, representing the applicants, submitted a motion for rehearing. The request alleged procedural errors regarding the timing of the decision letter and minutes (citing RSA 676). The applicant also requested a reversal of the previous denial and compensation for damages exceeding $90,000 plus interest.

Discussion Items

• 45 Nagel Street Variance: Board member Mr. Lionel noted the driveway width (51 feet) is significantly wider than the 24-foot code limit and expressed general opposition to such widths, stating "holding his nose" to avoid objecting. However, he acknowledged the driveway had existed as gravel for eight years and that similar driveways exist in the neighborhood. Board members Mr. Boucher and Mr. Patrick acknowledged the width was unusual but supported approval, citing the unavailability of the garage for parking, the presence of similar driveways on the street, and the lack of public opposition. They agreed the variance would not diminish surrounding property values.
• 55 Lake Street Variance: Board members discussed the Fire Marshal's letter, clarifying that it pertained solely to the church (a permitted use) and not the business uses requiring this variance. Staff confirmed the board's role is to rule on the use variances for the commercial spaces (photography, spa, contractor shop), while life-safety and permitting for the church remain with the Fire Marshal and Building Department. The board noted the commercial uses are consistent with the building's existing mixed-use commercial nature and that no new safety concerns were raised for the specific requested business uses. Mr. Falk clarified that the board does not have jurisdiction to approve monetary damages; such payments must be approved by the Board of Aldermen.
• 36 Granite Street Rehearing Request: The board reviewed the applicant's claim that the decision letter was not issued on time. Staff confirmed the minutes were completed within five business days and the decision letter was sent within the statutory 30-day window. Board members noted the applicant's deadline was met. Mr. Patrick clarified the meeting date was December 9th, contradicting the attorney's claim of December 6th in the letter. The board unanimously agreed that no procedural errors occurred, the decision was legal, no new information was presented that necessitated a rehearing, and nothing would cause the board to change its prior finding that the five points of law were not met.

Key Outcomes

• 45 Nagel Street (Driveway Variance): The motion to approve the variance to exceed the maximum driveway width to 51 feet for Jira and Alfredo Gutierrez passed 4-0. The board found the variance not contrary to public interest, observed the spirit of the ordinance, did substantial justice, would not diminish property values, and addressed unnecessary hardship.
• 55 Lake Street (Use Variance): The motion to approve the use variance for event planning, apparel rental, photograph studio, aesthetic spa, and contractor shop at 55 Lake Street passed 4-0. The board found the requested uses consistent with the commercial zone and the spirit of the ordinance.
• 36 Granite Street (Rehearing Request): The motion to deny the rehearing request regarding the decision for Sam N. Katz at 36 Granite Street passed 4-0. The board found no procedural errors, no illegal decision, no new information, and no grounds to change the previous decision. The request for monetary damages was noted as outside the ZBA's authority.
• Adjournment: The meeting was adjourned at 7:47 PM.