Nashua Zoning Board of Adjustment Meeting - July 15, 2026
Nashua Zoning Board of Adjustment Meeting - July 15, 2026
The meeting, held on July 15, 2026, addressed a series of special exception and variance requests for residential and commercial properties across Nashua, New Hampshire. The board heard 10 cases, approving 9 and denying 1. Key decisions included approvals for a deck replacement in a wetland buffer, a new shed/garage exceeding accessory use limits, a larger deck in a prime wetland buffer, sign variances for the Humane Society, a carriage house addition, driveway widening on two properties, and a carport for a disabled veteran. A use variance for a convenience store/smoke shop was also approved. The only denial was a request to subdivide a lot and build a new home, due to inconsistency with the R18 zoning district character and neighbor opposition.
Public Comments & Testimony
- Putney Deck (Special Exception): No public comments; no opposition.
- Stewart Shed/Garage (Variance): Two letters of support from neighbors (Mr. & Mrs. Hardy at 11 Hio Avenue and Mary Levine at 27 Indiana Drive) expressing no concerns.
- Zellers Deck (Special Exception): Two letters of support from neighbors (Janet Veluouk at 41 Royce Street and the Percivelis at 36 Roy Street).
- Humane Society Signs (Variance): One letter of opposition from Julie Blackwell at 9 Heidi Way, objecting to the sign size as not conforming to the residential neighborhood and arguing that shelter visits are not spontaneous. The applicant responded that the sign is necessary for visibility and many people discover the facility by driving by.
- Coustas Carriage House (Variance): Two letters of support from neighbors (Ruthie Lyons at 6 Catherine Street and Cynthia Gale at 4 Catherine Street), both stating 100% favor.
- Bertrand Driveway (Variance): No public comments or letters.
- Speziferi Driveway (Variance): One letter of support from Stephen and Elaine Tardiff at 1 Candia Street, stating no issues.
- Feehan Subdivision (Variances): Several letters of support and opposition. Supporters: Bill Dopkus (former resident), Amy and Mark Dupree (122 Lily Road), and the Sheputz (116 Lily Road). Opponents: Mary Joe Tetter (118 Lily Road) expressed concern about property values; Kevin Morrissey (119 Lily Road) argued the variances would create non-conforming lots and harm neighborhood character; Fred Goforth (123 Lily Road) stated the proposal does not meet legal variance standards; Attorney William Barry (representing the Morrisseys) argued no special conditions exist and the request is purely economic. An additional opposition letter from Richard Jackson (3 Shakespeare Road) was read, citing overcrowding and precedent.
- Duvall Carport (Variances): One letter of support from Dan and Julie at 55 Baldwin Street.
- Zacharopoulos Smoke Shop (Use Variance): The building owner (Vasilius Jaroblos) spoke in favor, noting the space had been vacant for a long time and he wanted a reliable tenant.
Discussion Items
- Putney Deck (Special Exception): Board members noted the project is straightforward, same footprint, and the Conservation Commission gave a favorable recommendation with no additional requests. The applicant signed a wetland buffer encroachment affidavit.
- Stewart Shed/Garage (Variance): Board members observed the lot is small, the shed will replace a smaller plastic shed, and the design fits the neighborhood. The accessory use limit is meant to prevent clutter, but attaching the shed to the house would avoid the issue. The lot's small size and large house create special conditions.
- Zellers Deck (Special Exception): The board found the 20-square-foot increase reasonable, and the Conservation Commission had approved with five stipulations. The deck is not visible from the street.
- Humane Society Signs (Variance): The board noted the building is doubling in size (from 9,500 to about 20,000 sq ft), the signs are not internally lit (except a lit logo), and the ground sign on Ferry Road is small and easy to miss. The sign will help wayfinding, especially for the new clinic entrance. The large ask is reasonable given the building scale.
- Coustas Carriage House (Variance): The lot is the largest in the neighborhood and the carriage house is barely visible from the road. The addition is minor (993 sq ft), and the architecture is consistent with the existing structure.
- Bertrand Driveway (Variance): The property fronts on two streets (Kinsley and New Dunstable). Speeds on Kinsley Street are high, so a second driveway on the safer side enhances safety. The additional width is on a different street.
- Speziferi Driveway (Variance): The house is situated at a kitty-corner angle, making it impossible to meet the 20-foot setback from the front property line. The applicant will landscape the widened area. The existing curb cut is maintained.
- Feehan Subdivision (Variances): Board members expressed sympathy for the applicants' desire to stay in the neighborhood but could not find special conditions unique to the property. The lot is not oversized; it is the same size as surrounding R18 lots. The proposal would create a non-conforming lot in a zone intended for larger lots. Neighbor opposition was strong. The board noted the applicants could expand their existing house horizontally instead.
- Duvall Carport (Variances): The applicant's wife explained her husband is a disabled veteran who needs a special vehicle with a gull-wing door. The carport is the only feasible location due to the lot configuration (curved street, short driveway). The direct neighbor supports it. The board found no other location on the property would work.
- Zacharopoulos Smoke Shop (Use Variance): The board clarified that the term "smoke shop" here means a convenience store that sells tobacco/vape products, not a lounge where smoking occurs. The building owner had difficulty keeping tenants. The convenience store is allowed in the LB zone; the variance is for the smoke shop component (vape products). The board noted that many convenience stores sell these items anyway.
Key Outcomes
- Putney Deck (Special Exception): Approved unanimously. Motion by Mr. Boucher, second by Mr. Lionel. The decision is subject to a 30-day appeal window.
- Stewart Shed/Garage (Variance): Approved unanimously. Motion by Mr. Lanel, second by Mr. Petrie.
- Zellers Deck (Special Exception): Approved unanimously. Motion by Mr. Boucher, second by Mr. Petrie. Included stipulation from Conservation Commission's five conditions.
- Humane Society Signs (Variance): Approved unanimously. Motion by Mr. Nealing, second by Mr. Petrie.
- Coustas Carriage House (Variance): Approved unanimously. Motion by Mr. Petrie, second by Mr. Lynnell.
- Bertrand Driveway (Variance): Approved unanimously. Motion by Mr. Neely (implied; the motion was made by a board member who said "I'll take this one"), second by Mr. Boucher.
- Speziferi Driveway (Variance): Approved unanimously. Motion by Mr. Boucher, second by Mr. Lanel.
- Feehan Subdivision (Variances): Denied. Motion by Mr. Lanel to deny, second by Mr. Neely. All board members voted in favor of denial. The application requested five variances. The board cited lack of special conditions, inconsistency with R18 zoning, and substantial neighbor opposition. The applicants were informed of the 30-day appeal window.
- Duvall Carport (Variances): Approved unanimously. Motion by Mr. Neely, second by Mr. Boucher.
- Zacharopoulos Smoke Shop (Use Variance): Approved unanimously. Motion by Mr. Neely (or another member; the transcript says "I'll take it" and then motion by Mr. Neely), second by Mr. Petrie. The board noted that no consumption of products on premises is expected.
Additionally, the board approved the minutes from the June 23 meeting with minor corrections (Mr. Petrie's changes). The board also noted that the July 31 meeting will be the last for a retiring board member (Carter), who was thanked for 28 years of service. The meeting was adjourned after the business.
Meeting Transcript
Okay, then feel free to take a seat. Okay. Is there anybody in the audience who would like to speak in favor of this application? Is there anybody in the audience who'd like to speak with questions, concerns, or opposition? Seeing none, we'll close a public hearing and open up the deliberations of the board. Thoughts from the board. Mr. Neely. I'm in favor. This is uh pretty straightforward. This is exactly the same footprint uh as what is there. Um there's no way with the proximity to the creek that he could build anything different than what he's trying to do. Conservation commission, and we don't see this very often. Had no recommendations uh besides the fact that a favorable recommendation, but there was no additional requests. Uh he did sign the uh wetland uh buffer encroachment affidavit, so pretty simple, straightforward. Any other thoughts? Yeah, I would agree it's about as straightforward as that comes. Anybody like to make a motion? Mr. Boucher. I'd like to make a motion to approve the special uh exception for Barack and Barbara Putney owners of three Creek Place, Unit 113, sheet F La 32, requesting a special exception from land use code section 190-12 to work in a 40-foot wetland buffer greater than 9,000 square feet to remove and replace an existing 10 by 10 deck with a new deck, same size as we are 18 zone ward one. Um the requested use is listed as a special exception in the use of matrix uh 190-112. Uh the requested use will not create undue traffic congestion or unduly impaired pedestrian safety. The requested use will not overload any public water drainage or sewer system or any other municipal system to such an extent that the requested use or any developed use in the immediate area or any other area of the city will be unduly subjected to the hazards affecting health, safety, or the general welfare. Um the uh wetlands special um excuse me. The wetlands uh buffer of course went after David uh for land use code section 1990. 119, sorry from 190-115 uh has been fulfilled. Um also the requested use will not impair the integrity or beyond the character with the district or immediate neighborhood in which it is located, nor be detrimental to health morals or welfare of the residents of the city. And also we'll note that um this application received a favorable recommendation from the conservation commission on June 3rd of 2026. Would that make a motion to approve the special exception? Is there a second? Oh second by Mr. Lionel. Any discussion? Seeing none, all those in favor. Your request is granted. One thing I I should have noted earlier, uh that all um decisions of the board are uh subject to a 30-day window of appeal. So seems unlikely there's no opposition, and you are free to proceed. Thank you. That's a very good point. Um just brought uh brought to my attention that we did have a few folks come in um after I made my prior announcement. So just in case you were here for one of those cases, um it uh the case at 34 Buck Meadow Road for a request uh for that was a request for a variance at special exception, has been postponed until the meeting of the 28th of July. So if you did come in for that meeting, it has been postponed. And um the application for the parking lot at 247 Main Duncilville Road has been withdrawn. So if you did come in for those, you have the rest of the night off. All right, so I'm now gonna read the next case that we'll be hearing. This is the application of James and Brenda Stewart, 10 Ohio Avenue, requesting a variance from land use code section 190-264 to exceed the maximum accessory use area, 48 percent uh 40 percent permitted, 60 percent proposed to construct a new 12 by 22 shed and garage. And you look like you must be the applicant. That's me. Uh, if you wouldn't mind coming forward to the microphone and just give your name and address for the record.
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