Nashua ZBA denies variance for 111 Concord Street after neighbors cite sunlight and bulk concerns

The Nashua Zoning Board of Adjustment on Nov. 12 denied a variance request for 111 Concord Street, rejecting the applicant’s argument that a revised dormer design should be treated as a 2½‑story building rather than a full third story.

Peter Dolloff, representing SQL Development, told the board that the proposed building uses the same footprint and foundation the board approved in February 2024 and that the structure’s top elevation remains below the local 35‑foot limit. "Our height, as per the local zoning regulation, is less than 35 feet. It is 34 feet 6 inches," Dolloff said, arguing the change was largely definitional and would provide more usable square footage without changing the footprint.

Neighbors said the design change would be a visual and bulkier intrusion. Eric Froebes of 109 Concord Street said the full dormer makes the project “effectively a three‑story building” and warned it would affect the backyard, skyline and summer sunlight for houses directly behind the site.

Board members probed whether the current drawings materially differed from the version approved in February and whether the five legal criteria for a variance were satisfied. Several members, including Josh Neely, said they were persuaded that blocking summer sunlight to the residence at 109 Concord and the increased visual bulk meant the application failed the uniqueness and spirit‑of‑the‑ordinance tests.

A motion to deny the variance cited lack of unique conditions and the potential adverse effect on neighbors’ sunlight and neighborhood character; the motion carried 4–1. The board informed the applicant of the 30‑day rehearing and appeal rights to the planning department and to the New Hampshire Superior Court.

The decision closes this filing unless the applicant seeks rehearing or pursues an appeal.