OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Nashua ZBA Meeting - July 29, 2026: Tree Removal Continued, Shed and Garage Variances Approved

Board of Aldermen MeetingsWednesday, July 29, 2026
BodyNashua, New Hampshire
SessionBoard of Aldermen Meetings
DateWednesday, July 29, 2026
StatusNEW · FILED
Video Record
0:00 / 1:04:43
Transcript — Verbatim
0:22

It was a letter from somebody.

0:25

It was a yes.

0:26

It was a letter from somebody on the stairs.

0:56

Everything we need is from the applicant.

1:01

You can ask for a weight.

1:12

Do you want to give a knock?

1:20

Good evening, everybody, and welcome to the July 28th meeting of the Zoning Board of Adjustment.

1:26

My name is Jay Mankara, ZBA Chair.

1:28

To my right is Josh Nealy, ZBA Vice Chair.

1:32

Across the stage, we have JP Boucher, member, and we have alternate still, I believe.

1:37

I have Joseph Petrie.

1:39

Full member of a full member.

1:40

I'll take that back.

1:42

Full member, Joseph Petrie.

1:45

And I think for his very last night to my left is a deputy planning manager, Carter Falk.

1:56

So I'll just begin by uh kind of giving you a bit of the order of the business.

2:00

So uh first of all, this evening we have applications for a special exception and for variances.

2:06

Uh a special exception is a use that's allowed under the zoning ordinance so long as certain criteria is met.

2:13

A variance is a request to deviate from the requirements of the ordinance.

2:17

In order for the board to grant a variance, we have to find that five criteria are met.

2:21

We have to find that granting the variance would be in the public interest, that uh granting the variant by if we grant the variance, the spirit of the ordinance would be observed, that granting the variance would do substantial justice, that there would be no diminution of surrounding property values, and that owing to a special condition of the property, uh not granting the variance would result in an unnecessary hardship to the applicant.

2:45

So just in terms of the order of business, um I'll read each case into the record, and uh applicants will be invited to come forward to the podium.

2:54

Uh and you'll be asked to give your name and address for the record.

2:58

And then you have up to 15 minutes to uh present your case to the board.

3:02

You don't have to use 15 minutes, but it's available to you if you wish.

3:06

Uh then I will ask uh if there's anybody in the audience who wishes to speak in favor of the application.

3:12

And each person would have up to five minutes to address the board.

3:16

Following that, I'd ask if there's anybody who has any questions, concerns uh, or opposition.

3:22

And each person would again have up to five minutes uh to address the board.

3:27

We would then allow uh the applicant an opportunity uh to have up to five minutes uh for any rebuttal or to answer any questions that were raised.

3:36

And then finally, we do provide the opportunity for anybody who spoke, one person who spoke with questions, concerns or opposition, to have the last word.

3:44

Uh once everybody's given their testimony, we'll um I'll close the public hearing and we'll open up the deliberations of the board.

3:51

The board could decide to um act on the application this evening.

3:56

It could decide, and in which case it would act to either approve or approve with conditions or deny.

4:02

Uh or it could continue the application to another meeting if the board felt there was additional information that was needed.

4:08

That doesn't usually happen, but sometimes it does.

4:11

Um I will say, I don't think there's anybody here for these cases, but uh important just to note that case number one, the application of Salt Creek properties, um, is postponed until uh the August 11 meeting.

4:27

We have two more postponed as well.

4:30

Um case number three, um the uh application of Kathleen Urell um Wallace, uh revocable living trust.

4:39

That is being postponed also to August 11th.

4:43

And then finally the application of 230 Pine Street LLC is being postponed until August 25th.

4:50

So I don't believe any of you were here for those cases, but if you were, um they're postponed.

4:56

Uh so um unless I missed anything or any other changes that I need to know, Mr.

5:02

Falk.

5:03

Uh no, Mr.

5:04

Chair, that would be it.

5:05

But I'm going to call the role.

5:07

Uh IJ McCara are here.

5:09

Um Mr.

5:10

Neely.

5:10

Present.

5:11

Mr.

5:11

Boucher.

5:12

Present.

5:12

Mr.

5:12

Patrick.

5:13

Present.

5:14

All are present.

5:15

I will note we are down one this evening, but we do have a quorum, so we are able to proceed.

5:21

Uh so the first case is the application of Clint and Mary Licorice.

Discussion Breakdown — Share of Meeting
Wetland Management███████████████████████████████████35%
Zoning Variances██████████████████████████████30%
Procedural████████████████████████████28%
Public Works███3%
Public Safety██2%
Architecture And Design██2%
Summary of Proceedings

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.

Meeting Transcript

It was a letter from somebody. It was a yes. It was a letter from somebody on the stairs. Everything we need is from the applicant. You can ask for a weight. Do you want to give a knock? Good evening, everybody, and welcome to the July 28th meeting of the Zoning Board of Adjustment. My name is Jay Mankara, ZBA Chair. To my right is Josh Nealy, ZBA Vice Chair. Across the stage, we have JP Boucher, member, and we have alternate still, I believe. I have Joseph Petrie. Full member of a full member. I'll take that back. Full member, Joseph Petrie. And I think for his very last night to my left is a deputy planning manager, Carter Falk. So I'll just begin by uh kind of giving you a bit of the order of the business. So uh first of all, this evening we have applications for a special exception and for variances. Uh a special exception is a use that's allowed under the zoning ordinance so long as certain criteria is met. A variance is a request to deviate from the requirements of the ordinance. In order for the board to grant a variance, we have to find that five criteria are met. We have to find that granting the variance would be in the public interest, that uh granting the variant by if we grant the variance, the spirit of the ordinance would be observed, that granting the variance would do substantial justice, that there would be no diminution of surrounding property values, and that owing to a special condition of the property, uh not granting the variance would result in an unnecessary hardship to the applicant. So just in terms of the order of business, um I'll read each case into the record, and uh applicants will be invited to come forward to the podium. Uh and you'll be asked to give your name and address for the record. And then you have up to 15 minutes to uh present your case to the board. You don't have to use 15 minutes, but it's available to you if you wish. Uh then I will ask uh if there's anybody in the audience who wishes to speak in favor of the application. And each person would have up to five minutes to address the board. Following that, I'd ask if there's anybody who has any questions, concerns uh, or opposition. And each person would again have up to five minutes uh to address the board. We would then allow uh the applicant an opportunity uh to have up to five minutes uh for any rebuttal or to answer any questions that were raised. And then finally, we do provide the opportunity for anybody who spoke, one person who spoke with questions, concerns or opposition, to have the last word. Uh once everybody's given their testimony, we'll um I'll close the public hearing and we'll open up the deliberations of the board. The board could decide to um act on the application this evening. It could decide, and in which case it would act to either approve or approve with conditions or deny. Uh or it could continue the application to another meeting if the board felt there was additional information that was needed. That doesn't usually happen, but sometimes it does. Um I will say, I don't think there's anybody here for these cases, but uh important just to note that case number one, the application of Salt Creek properties, um, is postponed until uh the August 11 meeting. We have two more postponed as well. Um case number three, um the uh application of Kathleen Urell um Wallace, uh revocable living trust. That is being postponed also to August 11th. And then finally the application of 230 Pine Street LLC is being postponed until August 25th. So I don't believe any of you were here for those cases, but if you were, um they're postponed. Uh so um unless I missed anything or any other changes that I need to know, Mr. Falk. Uh no, Mr. Chair, that would be it. But I'm going to call the role. Uh IJ McCara are here. Um Mr. Neely.

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