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it should also be noted the City receives Adequacy Aid from the State, which in
2021 totaled $51,546,000. Per student aid equals $9,917. Other qualified Aid
includes Free and Reduced Lunch payments of $1,893 per student, Special
Education $2,037, English learners $740 and Third grade reading $740.

SUMMARY
Table 12
Fiscal Summary

Gross Property Tax & Auto
Registration Revenues $49,920

Municipal Costs

Police -$3,303

Fire -$2,538

Misl. -$2,000

School Costs -$9,500

Total Estimated Costs -$17,341
Net Positive Fiscal Impact +$32,579

Based upon the report’s findings, gross yearly revenues generated by the
proposed project will total $49,920. The anticipated yearly fiscal impact to the
City of Nashua is estimated to be $17,341, resulting with a yearly positive fiscal
impact of approximately $32,579. Key findings supporting this conclusion

include:
> An estimated $32,579 yearly positive fiscal impact will occur to the
community, with actual positive revenue exceeding this figure.

> Oniy minor emergency call increases are estimated for the Police and Fire

Departments.

> Overall declining school enrollment is anticipated to continue and 2 school
age children are expected to reside within the development creating
limited impact on the District. Enrollment projections for the District show

continued declining figures.
> The subject sites property assessment will increase 296%.

> The proposed project will include private drives and trash collection.

13

C - 722 Chestnut Street | Manchester, NH 03104

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Bi Fal www.cbzlaw.com
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Zalinsky pc.
pone aL Daniel D. Muller, Jr.
Admitted in NH

Email: dmuller@cbziaw.com
February 22, 2022
City of Nashua Board of Mayor and Alderman
P.O. Box 2019
Nashua, New Hampshire 03061

Re: L- Deerwood Drive, Nashua, New Hampshire, Lot H-103
Request to Ailow Issuance of Building Permits under RSA 674:41

Dear Mayor Donch H ble Board Memb

Our office represents Vivian Jean Adams, the owner of the above-referenced property
(the “Property”), which is shown in the City’s assessing records as Lot H-103. The Property is
currently undeveloped. A copy of the plan of the Property is attached hereto as Exhibit “A.”
However, Ms. Adams seeks to allow for the construction of a single-family home on the
Property. To that end, Ms. Adams applied for and obtained o frontage variance from the City of
Nashua Zoning Board of Adjustment. Ms. Adams now seeks permission from the Board of
Mayor and Aldermen, as the governing body of the City, to allow for the issuance of building
permits for the Property under RSA 674:41,

The p d develop would be d via an access driveway extending from the
end of Massasoit Road and over a portion of L Deerwood Drive. A plan of the proposed access,
which was designed by a pr is d hereto as “Exhibit 8.” Massasoit

Road is shown as a public ‘highway on the: City of Nashua GIS map and was originally dedicated
to public servitude chrough the recording of Plan No. 2103 in the Hillsborough County Registry
of Deeds in 1961. Said plan shows the Massasoit Road right of way intersecting with what is
currently L Deerwood Drive. However, the westem end of the Massasoil Read right of way has
not been improved or mai d and, therefc is a Class VI highway. L Deerwood Drive was
formerly known as Bloods Crossing Road and was described in historical deeds to the Property
az the “highway leading from Blood’s Crossing to the Pine Hill road.” The road has been
depicted on various recorded plans. While a partion of the L Deerwood Drive north of its
intersection with the North Fork of Blood Crossing Road (i.e. north of the Property) has been
discontinued, the portion of L. Decnwood Drive upon which the Property front is identified as a
public highway on the City's GIS system as well as several plans recorded in the Hillsborough
County Registry of Deeds. While a portion of L Deerwood Drive upon which the Property front
is current unimproved, another portion of the same appears to have been improved io some
extent. It is unclear whether the City has maintained any portion of L Deerwood Drive even.
afler inquiries to the City and, therefore, Ms. Adams is presuming that the same is a Class V1
highway for purposes of RSA 674-41.

Mr. James Donchess, Mayor

City of Nashua Board of Mayor and Aldermen
February 22, 2022

Page 2

The City of Nashua Fire Department reviewed Ms. Adams’ proposed development,
luding access dri y, in ion with the filing of the frontage variance. The Cily of
Nashua Fire Department, through ils Fire Marshall, offered the following

@) The driveway would peed io meet the minimum width ofa fire lane which is 20 feet.

* The minimum of 20 feet needs to be maintained at all times. No parking signs woukd be
needed along the tosdway.

« A fire deparimem access road shall extend to within 50 feet of at least one exterior door.

« Dead end fire department access mads in excess of 150 feet in Length shall be provided
with approved provisions for the fire apparatus to tum around,

© Vertical clearance shall be 13° 6"

« The road shall be designed and maintained to support the imposed loads of fire apparatus
and shall be provided with an all-weather driving surface.

© How would we address this home? The property is on Deerwood but the access is off of
Massasoit.

Ms. Adams recognizes that the concerns of the City of Nashua Fire Department will have to be
addressed relative to the access if the Board allows for « building permit to be issued for the
Property and thal Exhibit B may have to be modified to reflect any agreement between the
parties as to the design. Some of the comments, such as the rwenty-foot width, reffect legal
requirements under the State Fire Code.

By statute, an owner of a property obtaining relief under RSA 674:41 must record a
nolice in the applicable county registry of deed relative to the limits of municipal responsibility
and liability. Attached as Exhibit “C" please find the proposed Notice of Limits of Municipal
Liability and Responsibility for Class VI Highway Pursuant to RSA 674:41, which would be
recotded in the Hillsborough County Registry of Deeds prior to the issuance of any building
permit for the Property.

‘We thank you in ad for your ideration of this request. IF you have any
questions or require additional information, please feel free to contact me.

Sincerely yours,
CRONIN BISSON & ZALINSKY, P.C.

By: Banal Bb lable be
Daniel BD. Mullez, Jr.
DDM:bms

ec: Ms. Vivian Jean Adams
Mr. Mathew Sullivan, Director, City of Nashua Planning Department

EXHIBIT A

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EXHIBIT B

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EXHIBIT C

NOTICE OF LIMITS OF MUNICIPAL LIABILITY AND RESPONSIBILITY
FOR CLASS VI HIGHWAY PURSUANT TO RSA 674:41

Agreement and Release

NOW COMES Vivian Jean Adams (hereinafter, the “Owner”), of 74 Marshall Street,
Nashua, New Hampshire 03060, (the “OQwner") and the Clty of Nashua (hereinafter, the "City"),
a municipal corporation existing under the laws of the State of New Hampshire with 2 principal
address of 229 Main Street, Nashua, New Hampshire 03061-2019, and agree as follows with
respect lo ceriain property situated in the City of Nashua, County of Hillsborough, State of New

Hampshire:

WHEREAS the Owner is the recard owner of certain real property located aL
and

Deerwood Drive, Ciry of Nashua, County of Hillsb hy, State of New Hamp
identified as Tax Map, Lot in the City of Nashua assessing records pursuant to a deed dated
October 10, 2002 and recorded in the Hillsborough Coumy Registry of Deeds at Book 6738,

Page 320 (the *Property*);

WHEREAS the Property is located an Deerwood Drive (hereinafter, the “Road”} in the
City of Nashua, County of Hillsborough, State of New Hampshire;

WHEREAS the portion of Deerwood Drive upon which the Property fronts is a Class VE
highway as classified by New Hamp Revised Statutes A d 229:5;

WHEREAS, the access way to the Property would pass over not only a portion of the
Road, but a currently unimproved portion of the Massasoit Road right of way (hereinafter, the
“Right of Way"), which would be a Class VI highway as classified by New Hampshire Revised
Statutes Annotated 229:5;

WHEREAS the City, pursuant to R- =, passed on _.» 202_, has agreed
that a building permit may be issued for the construction of « single-family home on the
Property, subject to any conditions of approval, any regulations or any ordinances which may
otherwise govern such consinaclion, upon the filing of the within notice pursuant to New
A d 674:41;

NOW THEREFORE, the Qwmer and the City, on behalf of themselves, their heirs, legal
representatives, successors and assigns, covenanl and agree as follows:

1. The City shall allow for the issuance of building permits for the Property for the
construction of a structure subject to any cxisting conditions of approval as well as any
regulations or ordinances which may govern the construction of any structure thereon.

2. The City neither sponsibility for mai including snow plowing, nor
lability for any damages resulting from the use of the Road and Right of Wey.