ZBA renews special exception for Flatley development to impact wetland buffer for Innovative Drive access

The Nashua Zoning Board of Adjustment on May 12 approved a special exception allowing the John J. Flatley Company to impact wetlands and adjoining buffers as part of an access extension for a proposed Northern Tech Center.

Dan Borowski, a land surveyor with Fieldstone Land Consultants representing the Flatley company, told the board the earlier ZBA approval (issued in 2022) had lapsed and the company is seeking renewed permission for the wetland crossing and an additional buffer impact tied to an Innovative Drive extension. Borowski said the state Department of Environmental Services (DES) has an existing permit that remains valid through 2028. “This is in the Park Industrial Zone … the impact that we had permitted through the special exception process was basically for about 1,000-foot extension of Innovative Drive,” Borowski said.

Neighbor John Chapitis, who said he abuts the property, raised concerns about prior blasting by the developer and asked whether neighbors would be notified about subsequent building approvals. Chapitis described past damage he attributed to blasting: “the neighbors all lost value in their property… we had cracked walls… because of this amount of dynamite that was used,” he said. The board and applicant responded that blasting and broader construction questions are handled through the planning-board process and by building permits and that the ZBA hearing was limited to wetland and buffer impacts.

Board members cited the Conservation Commission’s favorable recommendation (with five stipulations), the DES permitting history and a prior unanimous ZBA approval as reasons for confidence. After deliberation, the board approved the special exception; the motion included the Conservation Commission’s five stipulations as conditions of approval.

Borowski also told the board the current project includes an amended site plan before the Planning Board and described the larger proposed building as a “48,000 square foot” R&D/flex building; he said the ZBA action is required to secure access prior to final planning-board action.