Zoning Board of Adjustment Meeting – August 26, 2026
Zoning Board of Adjustment Meeting – August 26, 2026
The Nashua Zoning Board of Adjustment (ZBA) met on August 26, 2026, at 01:58:59 UTC. The meeting was chaired by Jay Mankara, with Vice Chair Josh Neely, members JP Boucher, Steve Lionell, and Joe Petrie present. Planning Manager Sam Durfee also attended. The board considered five applications: one for a self-storage facility (denied), one for a three-family conversion (approved), one for a swimming pool (approved), one for a retaining wall (approved), and one for auto sales at a repair shop (approved). Public testimony and letters were received, and the board also discussed transitioning to digital meeting materials.
Public Comments & Testimony
- Alderman Johnson spoke in opposition to the self-storage facility at 34 Buckmeadow Road, arguing it is out of character with the neighborhood and would harm wetlands and wildlife. She urged denial.
- Gloria McCarthy (65 Musket Drive, 46-year resident, Conservation Commission member) opposed the self-storage variance, stating it would bypass zoning protections and that the property can be used for residential purposes as zoned.
- Sherry Dutzey (18 Sport Terrace, Conservation Commission chair, lone dissenting vote) opposed the project, citing wetland sensitivity, increased impervious surface, potential for hazardous storage, and that the four buildings represent a substantial change.
- Jessica Taylor (33 Gilson Road) opposed, citing character conflict, uncontrollable litter, noise, and wildlife impacts.
- Heather Shaves (18 Twilight Drive) opposed, noting rodent concerns, past low-traffic use of the existing facility, and incompatibility with the area.
- Frederick and Mary Lewis (26 Conant Road) submitted a letter in support of the retaining wall variance, stating it is necessary due to steep topography and that it increases property values.
- Mike and Kathy Giacomukis (5 Crown Street) submitted a letter stating no objection to the auto sales variance provided no vehicles park along Crown Street except for church on Sundays.
Discussion Items
- Case 1: Salt Creek Properties LLC – 34 Buckmeadow Road – Request for a use variance to allow a self-storage facility in the R40 zone and a special exception for wetland/buffer impacts. The applicant proposed replacing an existing 19,500 sq ft warehouse with four buildings totaling 20,525 sq ft, reducing buffer impacts and improving stormwater management. The Conservation Commission gave a favorable recommendation with conditions. Public opposition was extensive. The board deliberated and found the variance failed on hardship and character grounds; the special exception failed on traffic and safety concerns, particularly due to proximity to a middle school and lack of sidewalks.
- Case 2: 230 Pine Street LLC – Request to renew a previously approved variance to convert a two-family dwelling into a three-family by finishing attic space. The applicant stated the property was sold and taxed as a three-family, but no building permit was applied for. The board approved, noting no change in character.
- Case 3: Carolyn Russell – 9 Huey Street – Request to exceed the maximum accessory use area (59% vs. 40% permitted) for a swimming pool. The applicant noted a large lot with a small house. The board approved, finding it a reasonable use and no adverse impacts.
- Case 4: Robert Champagne – 22 Conant Road – Request to allow a retaining wall up to 9 feet in height (6 feet permitted). The wall was already built; the applicant argued steep topography required it. Abutters supported the variance. The board approved, noting the wall is necessary and improves safety.
- Case 5: Dream Homes Corp – 93 East Hollis Street – Request to sell automobiles at an existing auto repair shop. The board first determined a variance is required because auto sales are a distinct use from repair. The applicant cited a state law change reducing business and argued the lot cannot be expanded. The board approved, finding the use consistent with the area's diverse character and hardship due to the property's unique location and history.
Key Outcomes
- Variance for self-storage (34 Buckmeadow Road) – DENIED (4–1, Boucher dissenting). The board found it contrary to public interest, inconsistent with the spirit of the ordinance, and no unnecessary hardship.
- Special exception for self-storage (34 Buckmeadow Road) – DENIED (4–1, Boucher dissenting). The board cited undue impairment of pedestrian safety and impairment of neighborhood character.
- Variance for three-family conversion (230 Pine Street) – APPROVED unanimously. The board found the use consistent with the neighborhood and no hardship.
- Variance for swimming pool (9 Huey Street) – APPROVED unanimously. The board found the lot/house ratio justified the variance.
- Variance for retaining wall (22 Conant Road) – APPROVED unanimously. The board found steep topography created hardship and the wall improves safety.
- Variance for auto sales (93 East Hollis Street) – APPROVED unanimously. The board found hardship due to zoning confluence and state law changes, and no impact on public interest.
- The board also discussed future digital delivery of meeting materials and a presentation on the new zoning code at the next meeting.
Meeting Transcript
Since Alderman Johnson has to be downstairs to open a buck meadow only for her testimony so she can she's not talking on calling too. I didn't want people to be here, but I guess you know people verify their correspondence. Are we ready? Good evening everybody and uh welcome to the August twenty-fifth meeting of the Zoning Board of Adjustment. Uh my name is Jay Mankara, I am ZBA Chair. To my right is ZBA Vice Chair Josh Neely. Uh and then across the stage we have member JP Boucher, Member Steve Lionell, and a member Joe Petrie. Um and then to my left is planning manager uh Sam Durfee. Uh so I'm gonna just start off with a couple of one announcement and then a couple of items of business. So first of all, uh case number four, that's uh the case of Air Road LLC, three Air Road. That is gonna be continued at their request to the next meeting, which is September 9th. Oh no, there no 22nd, I'm sorry. That is gonna be continued until the meeting of September twenty-second. So if you're here for that case, uh it's not gonna be heard tonight. Um we have also had a request to push uh the first case, which is Salt Creek Properties, uh, that's 34 buck meadow to a little later in the agenda because the attorney's not available. So it is gonna be heard tonight. It's just gonna be pushed out a little bit. Uh so I'm just gonna start off with um kind of the uh uh pro you know procedures of the board and then we're gonna take one item out of order. But just in general, uh th this evening we have applications for both variances and for special exceptions. A variance is a request to deviate from the terms of the ordinance. And in order to grant a variance, the zoning board has to find that five criteria are met. We have to find that granting the variance would not be contrary to the public interest. We have to find that 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, denying the variance would result in an unnecessary hardship. A special exception is a use that's allowed under the zoning ordinance if certain criteria are met. And at least one of our cases we're going to be uh addressing both of those issues. So just in terms of the procedures of the board, um, I will read each case into the record. Uh applicants will then be invited to come up to the podium. Each applicant will be asked to state his or her name and address, uh and have and you have up to 15 minutes to address the board. You don't have to use your 15 minutes, but you do have 15 minutes available. Next I'll ask if there's anybody in the audience who has any questions. I'm sorry, who wishes to speak in favor of the application. Each person would once again be invited to come up to the podium and has up to five minutes to address the board. Then I'll ask if there's anybody with any questions, concerns, or opposition to the application. And again, each person would be invited to come up to the microphone and has up to five minutes to address the board. Then we'll provide an opportunity for the applicant to come back up to the mic and uh respond to any questions or address any of the comments that were made. And then finally, if necessary, we'll provide an opportunity for one person who spoke with questions, concerns, or opposition, will have the opportunity to come up and have the last word essentially. That's kind of the order of business. So as I noted, the first case for 34 Buckmeadow, we are going to push a little further down on the agenda. But we do have Alderman Johnson present who does have to be down at the Board of Alderman's meeting. So we'd like to, if there's no objection from the board, provide uh Alderman Johnson with the opportunity uh to address the board. Ms. Johnson, if you would. Thank you very much. I greatly appreciate you accommodating me. Um this board is great for accommodating elected officials. I just want to say I've gotten many emails in um opposition for this proposed project at what is it, 34 buck meadow? I always get the numbers wrong. Um, and um the reason why it's it's pure conservation land. It surrounds, it's all like a body of water. If you've been out there, it's like the last of the frontier in Nashua.
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