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Nashua Zoning Board of Adjustment renews variance to allow third unit at Highland Street property
Summary
The Nashua Zoning Board of Adjustment voted to grant a variance allowing the conversion of third-floor space into a third dwelling unit at a Highland Street two-family property; the board cited a prior approval and noted a 30-day appeal window.
The Nashua Zoning Board of Adjustment voted to grant a variance on March 24 allowing owners Devin and John Marshall to convert third-floor space in an existing two-family building into a third dwelling unit.
Board Chair Jayman Cara read the application into the record, identifying the property as 6 to 8 Highland Street and noting the board’s Land Use Code citation in the filing: Land Use Code section 190-16, Table 16-3 (minimum lot area). Cara told the board the variance had been previously approved at the ZBA’s May 24, 2022 meeting but that approval had expired.
Applicant Devin Marshall told the board he purchased the property knowing the prior approval existed but lacked funds to complete the required work at that time. “We would just love to come into compliance,” Marshall said, adding the second-floor tenant currently uses part of the upper area as an at-home office.
During deliberations, member Steve Linel said the board had approved the same request previously and saw no change in neighborhood conditions that would warrant a different outcome. Linel moved to approve the variance and read findings into the record, stating the board’s conclusions that granting the variance would not be contrary to the public interest, would observe the spirit of the ordinance, would result in substantial justice to the owners who purchased the property under the prior approval, would not diminish surrounding property values, and that denying the variance would create an undue hardship given the property’s circumstances.
The motion (read into the record with the existing and required lot areas noted as 9,045 square feet existing and 10,455 square feet required) was seconded by JP Boucher. The chair called for a vote and announced the variance was granted; he noted a 30-day window for appeal before the Marshalls may proceed with their project.
The board did not record a roll-call vote tally in the transcript; the chair announced the outcome and provided the appeal timeline. The applicants thanked the board and the meeting moved on to other business.
The record contains a minor inconsistency in the property reference: the chair read the address as 6 to 8 Highland Street, while the motion recited the property as “68 Highland Street, Sheet 68 Lot 77.” The board’s motion text and the case file should be consulted for the authoritative parcel identification before any permitting work begins.
