Developer wins approval for four decks, fence after compromise with abutter at Lock Street project

The Nashua Zoning Board of Adjustment on Sept. 24 approved variances to allow decks to encroach into the 10-foot side-yard setback at 115 Lock Street, following a compromise between developer Ruby Lane Ventures and an immediate abutter.

Attorney Andy Proehman, representing Ruby Lane Ventures, said the developer amended its application at the hearing to remove the first three decks closest to the abutter and to add a six-foot stockade privacy fence along the property line. "We're removing those 3 decks and proposing to install a 6-foot stockade privacy fence," Proehman said, describing the narrowed request as a direct response to neighbor concerns.

Neighbor Mary Munu said one proposed deck (near unit 4) sits very close to her garage and worried about snow removal and direct impacts to her property. "One of the decks is just, like, above the garage... It will almost be touching the garage," Munu said. Board members and the attorney discussed exact proximity; one member noted the deck would be approximately 4 feet from the property line and that the developer agreed to extend the fence to the rear of the garage to reduce impacts.

Board members reviewed the history of the site, prior approvals and the thin lot geometry. Several members said the amendment — limiting decks to units 4–7 and adding the fence — reduced the main concerns raised earlier in the review process. A motion to approve the variance with the stated conditions passed unanimously.

Next steps: planning staff will note the fence and the deck limitation in the permit and applicants were reminded of the 30-day appeal period.