Nashua Zoning Board of Adjustment Meeting – July 29, 2026

The Nashua Zoning Board of Adjustment met to consider applications for a special exception and variances. Three cases were postponed to later meetings. The board heard a special exception request to remove 21 trees from a critical wetland buffer, which was continued to September 22, 2026, for an independent assessment by New Hampshire Fish and Game. Two variance requests—one for a shed encroaching into a front yard setback and one for a garage height exceeding the allowed limit—were approved unanimously. The meeting also included approval of prior minutes and a farewell to Deputy Planning Manager Carter Falk on his retirement.

Postponements

• Application of Salt Creek Properties for a special exception: postponed to August 11, 2026.
• Application of Kathleen Urell Wallace Revocable Living Trust: postponed to August 11, 2026.
• Application of 230 Pine Street LLC: postponed to August 25, 2026.

Public Comments & Testimony

• Sherry Dutzey, Chair of the Nashua Conservation Commission, spoke in opposition to the Licorice tree removal application. She stated that the Conservation Commission paid a certified risk-assessment arborist (Mr. Lee Gilman) who deemed all 19 standing trees healthy, and noted that two of the 21 trees were already dead and on the ground. She argued that removing healthy trees is not recommended by Fish and Game, and that the trees are part of a grove where removal could increase the risk of other trees falling. She also highlighted the ecological value of the wetland buffer and vernal pools, and offered a free Fish and Game assessment.

Discussion Items

1. Application of Clint and Mary Licorice – Special Exception to Remove 21 Trees in Critical Wetland Buffer

• Applicant Clint Licorice (19 Vista Way) requested a special exception from Land Use Code Section 190-112 to remove 21 trees in a 40-foot critical wetland buffer, citing danger to his house. He presented an assessment by arborist Mr. Fredette (30+ years experience) that identified the trees as a risk. The Conservation Commission had rejected the application after a second opinion from Mr. Gilman, which deemed the risk low. Licorice argued that many trees are tall enough to hit the house, that some are unhealthy, and that the second opinion's conclusion was based on assumptions not supported by evidence (e.g., trees breaking at midpoint). He also noted that his HOA approved removal contingent on Conservation Commission and ZBA approval.
• Commissioner Dutzey countered that the trees are healthy, that the risk is low, and that fish and game regulations oppose removing healthy trees. She reiterated that the development was designed to preserve 40% of native state and that the trees provide important wildlife habitat and flood control.
• Board discussion: Members expressed concern over the large number of trees (21) and weighed the Conservation Commission's unfavorable recommendation. Some were open to allowing removal of only diseased or truly dangerous trees. The board voted to continue the case to September 22, 2026, to allow New Hampshire Fish and Game to conduct a free independent assessment, with the understanding that both parties may provide additional testimony at that time.
• Vote: Unanimous to continue to September 22, 2026.

2. Application of John Panos – Variance to Encroach into Front Yard Setback for a Shed

• Applicant John Panos (62 Chestnut Street) requested a variance from LUC Section 190-31 to encroach 10 feet into the required 20-foot front yard setback (abutting a public bike trail) to install an 8x10 shed. He explained that his downtown lot has limited space and that he currently stores items outside. The shed would be an attractive Reed's Ferry model. Staff clarified that the bike trail right-of-way is treated as frontage, hence the front yard setback. No neighbors opposed; a neighboring gave a thumbs-up.
• Board findings: The encroachment is minor, the property is unique due to the bike trail, and a fence already separates the yard from the trail. The board found all five variance criteria satisfied.
• Motion and vote: Approved unanimously.

3. Application of Carol S. Petra Valley Revocable Trust – Variance for Detached Garage Height

• Applicant Joe Landry (Build Savvy LLC) representing the trust at 23 Russell Avenue requested a variance to allow a 13-foot height (12 feet permitted) for a new detached garage located 6 feet from side and rear property lines. The existing garage is obsolete and non-conforming (2 feet from rear line). The new design improves sightlines for a turnaround and reduces the nonconformity. The additional foot in height allows a hip roof that matches the house's architecture.
• Board discussion: Noted the safety benefit of a turnaround, the reduction of an existing nonconformity, and the improved aesthetics. Found all variance criteria met.
• Vote: Approved unanimously.

Key Outcomes

• Continued: Licorice tree removal case to September 22, 2026, for a New Hampshire Fish and Game tree assessment; public testimony will be reopened.
• Approved (unanimous): Variance for John Panos to construct a 8x10 shed encroaching 10 feet into the front yard setback.
• Approved (unanimous): Variance for Carol S. Petra Valley Revocable Trust to construct a detached garage with a 13-foot height (1-foot exceedance).
• Approved: Minutes of the July 14, 2026 meeting with one typographical correction.
• Farewell: The board expressed gratitude to Deputy Planning Manager Carter Falk, who will retire after long service, noting his calm demeanor and institutional knowledge.