Planning Board

EXPANDED DRAFT MEETING SUMMARY THIS IS NOT AN OFFICIAL TRANSCRIPT OF TAPE RECORDED PROCEEDINGS THE INFORMATION CONTAINED HEREIN HAS NOT BEEN REVIEWED OR APPROVED BY THE NCPB NASHUA CITY PLANNING BOARD March 19, 2026 The regularly scheduled meeting of the Nashua City Planning Board was held on March 19, 2026 at 7:00PM in the 3rd floor auditorium in City Hall. Members Present: Bob Bollinger, Chair Adam Varley, Vice Chair Ald. Patricia Klee (Arrived at ) Larry Hirsch Benjamin Zoller, Alt. Ald. Amber Morgan, Alt. Also Present: Sam Durfee, Planning Manager Connor Muise, Deputy Planning Manager Scott McPhie, Planner I APPROVAL OF MINUTES March 5, 2026 MOTION by Mr. Hirsch to approve the minutes, as written SECONDED by Mr. Zoller MOTION CARRIED 4-0-1 (Morgan abstained) COMMUNICATIONS • A26-0015, 14A Broad St o Updated Engineering comments • A26-0017, 264 Main Dunstable Rd o Updated Engineering comments o Parking demonstration plan REPORT OF CHAIR, COMMITTEE, & LIAISON None PROCEDURES OF THE MEETING After the legal notice of each conditional, special use permit, site plan or subdivision plan is read by the Chair, the Board will determine if that the application is complete and ready for the Board to take jurisdiction. The public hearing will begin at which time the applicant or representative will be given time to NCPB March 19, 2026 Page 2 present an overview and description of their project. The applicant shall speak to whether or not they agree with recommended staff stipulations. The Board will then have an opportunity to ask questions of the applicant or staff. The Chair will then ask for testimony from the audience. First anyone wishing to speak in opposition or with concern to the plan may speak. Please come forward to the microphone, state their name and address for the record. This would be the time to ask questions they may have regarding the plan. Next public testimony will come from anyone wishing to speak in favor of the plan. The applicant will then be allowed a rebuttal period at which time they shall speak to any issues or concerns raised by prior public testimony. One public member will then be granted an opportunity to speak to those issues brought by the applicant during their rebuttal period. The Board will then ask any relevant follow-up questions of the applicant if need be. After this is completed the public hearing will end and the Board will resume the public meeting at which time the Board will deliberate and vote on the application before us. The Board asks that both sides keep their remarks to the subject at hand and try not to repeat what has already been said. Above all, the Board wants to be fair to everyone and make the best possible decision based on the testimony presented and all applicable approval criteria established in the Nashua Revised Ordinances for conditional, special use permits, site plans and subdivisions. Thank you for your interest and courteous attention. Please turn off your cell phones and pagers at this time. NEW BUSINESS – CONDITIONAL USE PERMITS A26-0026 John J. Flatley (Owner & Applicant) requesting conditional use approval for a flex space (office and warehouse building) with no outside storage. The property is located at L Shakespeare Rd. Map A – Lot 986. Zoned Park Industrial (PI). Ward 8. (Postponed to April 2, 2026 by Applicant request) A26-0012 ARBI Farms, LLC (Owner & Applicant) requesting conditional use and site plan approval for a 41,000 SF charitable gaming facility, five-story parking garage, and associated site improvements. The property is NCPB March 19, 2026 Page 3 located at 11 Tara Boulevard. Map A. Lot 333. Zoned Park Industrial (PI). Ward 8. (Postponed to April 2, 2026 by Applicant request) A26-0015 Trushar & Pashik Patel (Owners), William Bradford (Applicant) requesting conditional use approval for a driving school. The subject property is located at 14A Broad Street. Map 62 - Lot 137. Zoned B Urban Residence (R-B). Ward 4. MOTION by Mr. Varley that the application is complete and the Planning Board is ready to take jurisdiction SECONDED by Mr. Zoller MOTION CARRIED 5-0 William Bradford, 160 Lawrence Rd, Salem NH Mr. Bollinger asked if this is an existing building. Mr. Bradford said correct. Mr. Bollinger asked him to briefly describe the conditional use permit criteria, hours of operation, and staffing. Mr. Bradford said he is not changing anything exterior or interior to the structure. Just a classroom, tables, and chairs. His hours are 6:30-8:30 PM. As per state law he cannot have more than 2 hours of class per day, and no more than 6 hours per week. We are allowed to have 30 students per class. Typically, parents don’t stay, they drop their child off and come back. Mr. Bollinger asked if there will be any stored vehicles onsite. Mr. Bradford said no, just classroom instruction. The instructors take their vehicles home. Mr. Bollinger asked if they feel they comply with the conditional use permit criteria. Mr. Bradford said yes. SPEAKING IN FAVOR None NCPB March 19, 2026 Page 4 SPEAKING IN OPPOSITION OR CONCERN None Mr. Bradford said he had a question about the traffic impact report. He believes that they are under the 70-vehicle threshold, is it still required? Mr. Bollinger said the TIR threshold worksheet is required. Mr. McPhie said that was a two-page document at the end. Mr. Bollinger said the city is not requesting a comprehensive Board Street corridor study, it’s a declarative statement more than anything else. It may be more of a formality, but it is required. City staff can assist him with this. Mr. Muise said it’s for the Engineering Department to have current data on all the uses in the area that are contributing to the corridor volume. Mr. Bollinger said this is required of all projects. PUBLIC MEETING Mr. Bollinger closed the public hearing and opened the public meeting. He said this seems straightforward, there is an array of businesses along the corridor. He doesn’t see it as being impactful from a traffic perspective. Mr. Varley said there’s high demand for this use, this is a valuable request. MOTION by Mr. Varley to approve A26-0015 – Conditional Use Permit. The Board finds that the application meets the Approval Criteria under §190-133(F) with the following conditions: 1. Prior to issuing the building permit, all comments in a memo from Joe Mendola, Senior Staff Engineer, March 16, 2026, will be resolved to the satisfaction of the Division of Public Works. SECONDED by Mr. Hirsch MOTION CARRIED 5-0 NCPB March 19, 2026 Page 5 A26-0017 264 Main Dunstable, LLC (Owner), Victor Chavarin (Applicant) requesting conditional use approval for a restaurant without drive-in or drive-through facilities. The subject property is located at 264 Main Dunstable Road. Map 3 – Lot 140. Zoned Local Business (LB). Ward 6. MOTION by Mr. Zoller that the application is complete and the Planning Board is ready to take jurisdiction SECONDED by Mr. Varley MOTION CARRIED 5-0 Victor Chavarin, 85 Lincoln Dr, Nashua NH Mr. Chavarin introduced himself as the applicant. He said he is looking to operate a restaurant from 11AM-10PM. They may change the hours during winter. Mr. Bollinger asked what kind of food. Mr. Chavarin said Mexican. They are currently located at 494 Amherst St, Tacos and Burritos. Mr. Bollinger asked if he feels that he complies with the conditional use permit criteria. Mr. Chavarin said yes. Mr. Bollinger said one of the comments noted that the property did not have permission to park in the right of way, and asked staff if that was simply a note for the record. Mr. Muise said it was a note for the record. There is no formal arrangement to use that for parking, so we need to make sure there is adequate parking onsite. Mr. Varley said he sees a diagram attached to the letter from Mr. Mendola. Where is it? Mr. Muise indicated where the parking was on the parcel. Mr. Bollinger said the right of way parking may be a legacy from when the Everett Turnpike was constructed. The parking requirements are met. It’s coincidental to the application and not on the applicant to rectify. NCPB March 19, 2026 Page 6 SPEAKING IN FAVOR None SPEAKING IN OPPOSITION OR CONCERN None PUBLIC MEETING Mr. Bollinger closed the public hearing and opened the public meeting. He has no issues with this. That area used to have a Dunkin Donuts, and a video store. This would be a good compliment to the plaza. Mr. Zoller said you can’t fault anyone for using the right of way parking. It has the same access, it’s set up for parking currently. Mr. Bollinger said he has been going there for decades and didn’t know it was right of way. It’s not on this applicant to try and rectify that. Mr. Varley said this is in the local business zone, he is surprised this isn’t allowed by right. This should potentially be considered in the land use code update process. MOTION by Mr. Varley to approve A26-0017 – Conditional Use Permit. The Board finds that the application meets the Approval Criteria under §190-133(F) with the following conditions: a) Comments from Joe Mendola, Senior Staff Engineer, in a letter dated March 16, 2026, shall be addressed to the satisfaction of the Engineering Department. b) Prior to the issuance of a Certificate of Occupancy, parking spaces required for the use shall be adequately striped onsite to comply with §190-193. c) Any expansion of restaurant seating that would require an increase of parking must be reviewed and approved by the City Planning Department. SECONDED by Mr. Zoller NCPB March 19, 2026 Page 7 MOTION CARRIED 5-0 NEW BUSINESS – SITE PLANS A26-0010 John J. Flatley (Owner & Applicant) requesting approval of a site plan amendment to move a proposed building forward 40’ and update associated grading and site improvements. The property is located at L Shakespeare Rd. Map A – Lot 986. Zoned Park Industrial (PI). Ward 8. (Postponed to April 2, 2026 by Applicant request) A26-0012 John J. Flatley (Owner & Applicant) requesting conditional use approval for a flex space (office and warehouse building) with no outside storage. The property is located at L Shakespeare Rd. Map A – Lot 986. Zoned Park Industrial (PI). Ward 8. (Postponed to April 2, 2026 by Applicant request) OTHER BUSINESS 1. Review of tentative agenda to determine proposals of regional impact. MOTION by Mr. Varley that there are no items of regional impact SECONDED by Mr. Hirsch MOTION CARRIED 5-0 DISCUSSION ITEMS ReCode Presentation: Mr. Durfee led a detailed discussion of the ongoing process to rewrite the city land use code. MOTION to adjourn by Mr. Zoller at 9:46 PM MOTION CARRIED 5-0 DIGITAL RECORDING OF THIS MEETING IS AVAILABLE FOR LISTENING DURING REGULAR OFFICE HOURS. DIGITAL COPY OF AUDIO OF THE MEETING MAY BE MADE AVAILABLE UPON 48 HOURS ADVANCED NOTICE AND PAYMENT OF THE FEE. Kate Poirier – Taped Hearing