Zoning board approves pool variance at 3 Lynn Street after applicant cites medical rehabilitation

The Nashua Zoning Board of Adjustment on May 26 approved a variance permitting a 16-by-36-foot in-ground pool at 3 Lynn Street after hearing that the pool would support medical rehabilitation for one owner.

Chair Jamin Carr read the application into the record and said the board must find five criteria under the land-use code were met. Applicants Rob Sousa and Cynthia Sousa told the board the lot is a double lot with a large shed consuming accessory-area allowance and that Cynthia Sousa provided a doctor’s letter saying pool therapy would be beneficial after shoulder surgeries. The applicants said the proposed pool would meet the side and rear setbacks and be fenced for privacy.

Carr read several letters of support into the record, including a note from an orthopedic center confirming treatment for Cynthia Sousa’s left shoulder and several neighbors stating they had no objection. In deliberations board members noted the lot’s unusual size and placement, the pool’s compliance with setbacks and fencing, and the medical rehabilitation claim as a factor in substantial justice.

Mr. Leno moved to approve the variance from Land Use Code §190-264 to exceed the maximum accessory use area (application materials cited 40% permitted; 30% existing; 76% proposed) to allow construction of the 16-by-36-foot in-ground swimming pool; Mr. Petrie seconded. The motion passed and Chair Carr reminded the applicants there is a 30-day window for appeal before the approval becomes final.

The approval allows the applicants to proceed with permitting and construction steps required by the city’s building and safety codes; the board did not impose additional conditions in the transcripted motion. The record includes multiple neighbor support letters and the medical verification letter that the board cited in its finding of substantial justice.