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Zoning board denies rehearing request for 36 Granite St., declines monetary award
Summary
The board unanimously denied a rehearing request and an associated $90,000 damages demand related to a prior variance decision for 36 Granite Street, finding no procedural error or new information; staff and legal counsel had been copied on the request.
On Jan. 27, 2026 the Nashua Zoning Board of Adjustment denied a rehearing request concerning 36 Granite Street and declined the rehearing petition’s request for monetary damages.
Staff read a letter from attorney Christopher Swinjarski requesting rehearing and alleging the board failed to issue a written decision in compliance with statutory requirements (references in the letter to RSA provisions were included). The letter also asked the board to award in excess of $90,000 in damages.
Board members and staff reviewed the timeline for posting minutes and issuing a decision letter. Staff said minutes were completed and posted within the five business days required and that a decision letter and findings addressing the five points of law had been delivered to the applicant prior to the 30‑day deadline. Legal staff had also been copied on the rehearing request and provided input to the board.
The board completed the prescribed four‑question rehearing worksheet (procedural error, illegal decision, new information, anything that would change the decision). Each member answered ‘no’ to all four questions. A motion to deny the rehearing request was made and seconded; the motion passed 4–0. The chair directed staff to confirm the city solicitor received the rehearing and the monetary claim so it would not be overlooked by legal counsel.
