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Board approves use variances for 55 Lake St. despite fire marshal opposition; building permits remain required
Summary
The Zoning Board of Adjustment voted 4–0 to allow multiple commercial uses at 55 Lake Street Units 1–8, finding the requested uses consistent with the commercial zone; the Nashua Fire Marshal had formally opposed the variance on life‑safety grounds and the owner must satisfy building and fire permits before occupancy.
On Jan. 27, 2026 the Nashua Zoning Board of Adjustment approved use variances for 55 Lake Street Units 1–8 to allow event planning, apparel rental, a photography studio, an aesthetic spa and a contractor shop, while emphasizing that building and fire‑safety permitting remains required.
The board read an application from the property owner for multiple use variances in the RC zone and heard testimony from the owner, who described plans to use parts of the large commercial building for offices, storage and a hall. The owner said he has applied for building permits and intends to move some activities into the building over time but that installing a sprinkler system for a downstairs assembly space would be costly.
Deputy planning manager Carter Fock read into the record a letter from Michael DuVernay, Nashua Fire Marshal, stating the Fire Marshal's Office had documented prior unpermitted occupancy, issued a code violation and fine, and that outstanding life‑safety deficiencies meant the office formally opposed the variance. The letter cited previous inspections (records back to March 7, 2025) and specific observations on Oct. 31 and Nov. 2, 2025.
Board members and staff clarified that religious uses (a church) are permitted in all zoning districts and that the fire marshal’s opposition focused on place‑of‑assembly life‑safety issues rather than the commercial uses the owner sought by variance. Carter Fock and multiple members stressed that zoning approval does not replace required building permits, inspections or fire marshal approvals; the owner must satisfy the building department and fire marshal before occupancy of any assembly space.
A member moved to approve the use variances, finding the proposed commercial uses consistent with the character of the large multi‑tenant building in the commercial zone and that denial would create hardship given the building’s size and commercial context. The motion passed 4–0. Neely reminded the owner of the 30‑day appeal period and encouraged continued coordination with engineers, the building department and the fire marshal.
The board’s approval authorizes the requested zoning uses but does not permit occupancy for any use until the owner obtains the necessary building department and fire marshal clearances.
