Nashua zoning board approves three variances, denies large driveway expansion at 1 Lewis Street

The Nashua Zoning Board of Adjustment on Aug. 27 approved three residential requests and rejected a fourth after neighbors and multiple board members raised safety and character concerns.

In the first case, Daniel Martel of 86 Nottingham Drive asked to replace an existing 24-foot above-ground pool in the same location and to encroach 12 feet into the 20-foot front-yard setback. Martel said the replacement preserves the existing deck, landscaping and permanent electrical and that relocating the pool would be “very costly.” The board described the application as straightforward, noting the pool had been in place about 33 years, and approved the variance unanimously. The chair reminded applicants of a 30-day window to file an appeal.

The board next approved a special exception for Ariani Arias, owner of 13 Kingston Drive, to legalize an accessory in-law dwelling unit in a renovated basement. Arias said the basement has egress and that the only outstanding permit item related to the stove. Members asked about the unit entrance and parking and concluded the application met the special-exception criteria; the motion passed unanimously.

At 10 Bayberry Circle, owners Gavin Dangal and Nabina sought a variance to encroach up to 6 feet into a 25-foot setback to build a 7-by-38-foot attached farmer’s porch. The applicants said porches were common nearby and would add value and shelter guests from rain and snow. Board members noted similar recent approvals on Cherrywood and judged the proposal consistent with neighborhood character; the board approved the variance unanimously.

The most contested request concerned 1 Lewis Street, where the owner sought two variances: to increase driveway width from an existing 29.5 feet to a proposed total of 59.5 feet across the front of the house, and to permit a driveway within 31 feet of the Lewis/Russell intersection where 50 feet is required. The applicant’s daughter, Eileen Castillo, said the work was intended to improve accessibility for extended family and elderly relatives moving in. Multiple members questioned how many vehicles the household intended to park and whether the garage was being used for cars. Board members raised concerns that the lot’s shallow depth would force perpendicular parking into the public right of way and that the full paving of the front yard would be inconsistent with neighborhood character. The board also heard and placed on the record a written opposition from neighbor Alex Como, who wrote that occupants already park “anywhere between 6 and 8 vehicles” and that allowing a wider paved frontage would exacerbate the problem.

After extended discussion citing safety at the nearby intersection and the intensity of proposed parking, a motion to deny the two variances carried unanimously. The chair again noted the applicant could seek rehearing within roughly 30 days.

What the board decided (votes at a glance): - 86 Nottingham Drive (Martel): Variance to encroach 12 feet for a replacement above‑ground pool — Approved (unanimous). - 13 Kingston Drive (Arias): Special exception to allow an accessory in‑law dwelling unit in the basement — Approved (unanimous). - 10 Bayberry Circle (Dangal): Variance to encroach up to 6 feet for a 7×38‑ft farmer’s porch — Approved (unanimous). - 1 Lewis Street (owner identified in record): Variances to expand driveway width to 59.5 ft and to permit driveway 31 ft from intersection — Denied (unanimous).

The board approved amendments to the Aug. 13 minutes, set its next meeting for Sept. 11 due to the Sept. 10 primary election, and adjourned at 7:23 p.m.

Appeals and next steps: any party may file for rehearing or appeal as permitted under the board’s procedures; the chair reminded applicants of the standard municipal rehearing and 30-day appeal timelines.