Nashua Zoning Board of Adjustment Meeting - March 10, 2026
Nashua Zoning Board of Adjustment Meeting - March 10, 2026
This meeting of the Nashua Zoning Board of Adjustment, chaired by Vice Chair Josh Neely, convened on March 10, 2026, with five members present. The board heard three variance applications, all of which were approved unanimously. The meeting also included approval of previous meeting minutes and adjournment at 7:46 PM.
Case 1: 39 Simon Street – Use Variance for Massage and Esthetician Office
Applicant: Kayla Jerry, LCO Holdings LLC, for the Elizabeth Ryder Trust (owner). Request: A use variance from Land Use Code §190-15, Table 15-1, No. 102, to allow a massage therapist and esthetician office in a multi-tenant office park (PI zone, Ward 4). Summary: The applicant, who has operated her business in Nashua for five years, stated she could not remain at her previous location and that all suitable spaces she found were in industrial zones. The business operates by appointment only, with five to six employees working different schedules, and minimal traffic and parking impact. A letter of support from Kelly Carone, trustee of the owner entity, was read into the record, expressing no anticipated negative impact on neighboring units. No opposition was voiced. The board discussed that such mixed-use developments are increasingly common and that the proposal fits the neighborhood. Outcome: Motion to approve with findings on all five variance criteria passed 5-0. A 30-day appeal period applies.
Case 2: 57 Palm Street – Density Variance for Elderly Housing Conversion
Applicant: Palm Square LLC (owner) represented by Attorney Morgan Hollis. Request: A variance from Land Use Code §190-16, Table 16-3, to exceed maximum density for elderly housing. The property, a former casket factory converted in 2006 to 140 elderly units (with a restaurant space), currently has 92 units permitted by density. The applicant seeks to convert the unsuccessful restaurant space (which has failed under multiple operators over ~20 years) into 11 additional residential units, for a total of 151. The property is in RC and GB zones, Ward 4. Summary: Attorney Hollis argued that the restaurant space has proven unviable, that no exterior changes are needed, that parking (ample) and utilities are adequate, and that the added density (less than 10% increase) will not alter neighborhood character. He noted the property’s unique size and history as justification for hardship. No public comments for or against were made. Board members recalled that the restaurant never succeeded and supported the conversion. Outcome: Motion to approve variance passed 5-0. Findings included that the change does not affect the exterior, serves a public benefit (additional housing), and that the property’s unique conditions warrant relief. 30-day appeal period.
Case 3: 15 and 19 Atherton Avenue – Multiple Variances for 16 Multi-Family Units
Applicant: Lafaver & Company Development Partners, represented by Attorney Andy Prollman, with project engineer Ethan Beals. Request: Five variances: (1) use variance to allow 16 multi-family units in the RA district (permitted use only in RC); (2) land area variance (51,619 sq ft existing, 116,160 required); (3) open space variance (48% proposed vs. 50% required); (4) floor area ratio variance (61% proposed vs. 50% allowed); (5) building stories variance (three stories proposed vs. 2.5 permitted). The project would consolidate two lots, subdivide an 8-foot strip to an abutter (Mr. Sutton at 21 Atherton), remove two single-family homes, and construct three townhouse-style buildings (16 units total) in the RA and RC zones, Ward 3. Summary: Attorney Prollman noted that 7 units would be permitted by right, but that 14 would be allowed if the entire property were RC; the proposal is for 16. He argued the site is oversized and unique, with a mix of uses nearby (two 6-unit multifamily properties to the south, PSNH/railroad to the rear, park across the street). He presented a letter from Mr. Sutton (north abutter) supporting the project after six conditions were agreed to (including ground-level patios instead of decks) and committed to installing a vinyl fence on the southern boundary per a request from the south abutter. A traffic memo from a similar nearby project (18 units) was provided, indicating very low trip generation. One email from Sonia Trapp (6 Sapphire Lane) opposing due to traffic concerns was read into the record. Board discussion focused on setbacks, density, and the agreements with abutters. Staff comment noted all dimensional variances are minimal and the plan is well-designed. Outcome: Motion to approve all variances passed 5-0, including stipulations to honor agreements with abutters (fence on south, patios on north). 30-day appeal period.
Minutes and Adjournment
- Minutes from February 10, 2026, were approved with corrections (attribution fix and clarifying language).
- Minutes from February 24, 2026, were approved as drafted.
- Meeting adjourned at 7:46 PM.
Key Outcomes
- All three variance applications were approved unanimously (5-0).
- For Case 3, the board imposed stipulations requiring a vinyl fence on the southern boundary and ground-level patios for units abutting the northern neighbor.
- A 30-day appeal window applies to all decisions; applicants will be notified by city staff if an appeal is filed.
Meeting Transcript
Tonight, uh welcome to the March 10th zoning board of adjustment. I'm Josh Neely. Uh Vice Chair. Unfortunately, the chair could not be with us tonight. Uh with me tonight is uh member JP Boucher, Member Robert Shaw, Member Steve Lionel, and uh assistant. Uh I get that wrong every time. Alternate Joseph Patrick. Uh we do only have five running members tonight, including Mr. Patrick, so he will be voting on all uh cases tonight unless he recuses himself. Um just to get things going here and go to the rules here. Um quick uh bit of housekeeping, the minutes and the audio visual recordings will be available on Nashville New Hampshire.gov. Um tonight we are hearing uh it looks like uh three cases, all of which are variances. Um as you know from your applications, the variances must meet uh five criteria to be approved by the board. Uh the five criteria for a variance are that the variance will not be contrary to public interest. The spirit of the ordinance is uh 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. Um tonight uh what we're gonna do is take the three cases in order. We will ask for the applicant to step up to the microphone over here, which is adjustable, or you can pull it off. Please speak into the microphone as this is being recorded. Uh please state your name and address and tell us in your words what you're trying to do. Uh we have read all of the applications and any any accompanying documentation, so uh you don't have to go point by point through the application, but we really just want to hear in your words what you're trying to do. Um after we have heard from the applicant, uh we will ask if anybody is in favor. Anybody who is in favor has up to five minutes to speak of why they are in favor. And after that, I will ask if anybody has any questions or they're opposed. Once again, each person stepping up, please state your name and address when you come up and you have up to five minutes to tell us uh why you're opposed or to ask questions. Um at the conclusion of anybody who's in opposition, we will ask the applicant to come back up. They have five minutes to respond to any of the opposition or any questions that were were asked. And in the event we get to this point where there's more than one person that has uh spoken up in opposition, uh that person or one person agreed to by anybody in opposition uh has up to five minutes to come up and make final remarks or uh ask any more questions. Uh after that, we will close the public hearing and we will have a public meeting up here where the board will discuss the points of the case. Uh in order for us to move forward and approve one of the applications, uh, three people must vote uh in favor of the application. Uh is there any questions from anybody in the audience on how this flows here? All right. And uh we are gonna go through a brief attendance here. Uh I also forgot to mention uh Mr. Carter Falk from the city is uh to our left. We do use him as a um as a great source of information if we have any questions as a board. Uh we will call attendance now. I am Josh Neely. I am in uh I am the Vice Chair and I am here. Uh Mr. Boucher? Present. Mr. Shaw? Present. Mr. Lionel? Present. And Mr. Patrick.
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