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Zoning board approves after‑the‑fact variance to legalize four‑unit at 4 Fossa Ave
Summary
The Nashua Zoning Board of Adjustment unanimously approved two variances to legalize an existing four‑unit building at 4 Fossa Ave, finding long‑standing use, adequate parking and neighborhood compatibility satisfied the five variance criteria. A 30‑day appeal period applies.
The Nashua Zoning Board of Adjustment on Oct. 28 unanimously approved variances to legalize a four‑unit multifamily building at 4 Fossa Ave.
Attorney Andy Pearlman told the board the building has functioned as four residential units for nearly 20 years and the owner, John Chayasawakul, is seeking a use variance to allow multifamily use in an RA zone and a minimum‑lot‑area variance. Pearlman said the lot measures about 10,042 square feet while the zoning code requires 29,040 square feet for the requested use, and that no exterior changes are proposed.
Board members cited the long history of the use and on‑site parking as reasons the five variance criteria were met. "This building has been treated by the city as 4 units for almost 20 years," Board Member Steve Lionel said during deliberations. Another member noted he had driven by the building many times and assumed it was apartments.
The motion to grant both variances found that the request would not be contrary to public interest, that the spirit of the ordinance would be observed by regularizing a longstanding use, that substantial justice would be served by allowing continued residential use, and that denial would produce unnecessary hardship because the property had functioned as four units for years.
Board Member Mister Patrick moved to approve the variances; Lionel seconded. The board voted 5–0 to grant the relief. Vice Chair Josh Neely read a 30‑day appeal period following the vote.
The owner may proceed with required permits and administrative steps to finalize the lawful status of the units but should coordinate with planning staff and the office indicated by Neely for any necessary follow‑up.
