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CITY OF NASHUA

BOARD OF ALDERMEN

PETITION BY ETCHSTONE PROPERTIES, INC. FOR FULL WAIVER OF IMPACT
FEES (FOR PUBLIC SCHOOL FACILITIES) AS AUTHORIZED UNDER SECTION

190-85 OF THE LAND USE CODE
(The Alcove at Walden Woods Condominium)

March 3, 2022

NOW COMES Etchstone Properties, Inc., a New Hampshire corporation, with an address

of 179 Amherst Street, Nashua, New Hampshire 03064 (the “Petitioner”), by and though its
attorneys, , Winer and Bennett, LLP, 111 Concord Street, Nashua, New Hampshire 03064, and
pursuant to Section 190-85 of the Land Use Code, hereby petitions the Board of Aldermen to waive
in full the impact fees imposed by Article VIII of the Land Use Code. In support of this Petition,
Etchstone Properties, Inc. (the Petitioner) states as follows:

1.

The Petitioner is a corporation, organized and existing under the laws of the State of New
Hampshire, with an address of 179 Amherst Street, Nashua, New Hampshire 03064.

The Petitioner developed an elderly housing community known as The Alcove at Walden
Woods Condominium (the “Community”) at 2 Henry David Drive, Nashua, New
Hampshire, shown as Map C, Lot 2914 on the City of Nashua Assessors’ Maps (the
“Premises”). The Premises are located in the R-C zoning district.

Approval for development of the Premises into an elderly housing community (under the
condominium form of ownership) was granted by the Nashua City Planning Board.

The Community consists of sixty-three (63) units and a community area (the “Community
Area”).

The Community is governed by the state and federal laws and regulations pertaining to so-
called housing for older persons (age 55 and older), including RSA 354-A:15.

The Community is designed to accommodate an “aging in place” resident through certain
architectural design and construction techniques, including single level living and
community services,

The Community Area is fully furnished with a great room, a kitchen with appliances, and
a game/exercise room with tables and chairs for socializing and meeting. The Community
Area also has two attached outdoor decks that accommodate outdoor furniture. The
Community Area can accommodate the following:

a. Programs designed to provide a social life for residents;

b. Continuing education programs of interest to residents;

8.

10.

11.

12.

13.

14.

15.

16.

Information and counseling services;

Recreational/exercise programs;

An accessible physical environment;

Community areas, a kitchen and separate game/exercise room.

mo a9

All sixty-three (63) condominium units have been sold and conveyed to third-party
purchasers. There are currently no school age children residing in the Community and
given the nature of the regulations of housing for older persons, school age children will
not likely reside at the Community.

The Petitioner previously developed Hayden Green Condominium, a 55 and older
community in Nashua, New Hampshire consisting of 37 units. No school age children
currently reside at Hayden Green Condominium.

Prior to its development of Hayden Green Condominium, the Petitioner also developed
Lexington Place Condominium, a 55 and older community in Hudson, New Hampshire,
consisting of 34 units. No school age children currently reside at Lexington Place

Condominium.

The Petitioner commissioned an independent study by Fougere Planning & Development,
Inc. to determine the number of school children in various age restricted (55 and older
communities) in Southern New Hampshire. A summary of the study (consisting of a cover
page and Table 1) is attached as Exhibit A. The study reveals that in these 55 and older
communities, including The Alcove at Walden Woods Condominium (the Community),
rounding up there is an average of .005 children per unit. Put another way, of the 1,036
units listed in the study (Exhibit A), a total of 5 school age children reside in these 1,036

units,

Applying this average (.005 school age children per unit) over the sixty-three (63) units at
the Community, would result in an expectation of .315 school aged children living in the
Community (less than one school age child).

Based upon Section 190-76, Section 190-77 and Table 77-1 of the Land Use Code, the
(education facilities) impact fees associated with the Community are $500.00 per unit.

As a result, without an abatement the sixty-three (63) elderly housing units and the
Community Area in the Community would generate impact fees totaling $31,500.00. To
date, a total of $31,500.00 has been paid to the City of Nashua for these impact fees for all

63 units.

Section 190-85 of the Land Use Code provides, in pertinent part, that the impact fees may
be waived if the “proposed new development consists of ... elderly housing which can be
reasonably expected not to require additional educational facilities”.

In light of the foregoing, in accordance with Section 190-85 of the Land Use Code and
based on the statistics referenced above and detailed in Exhibit A attached, it can be

reasonably expected that the sixty-three (63) units of elderly housing at the Community
will not require additional educational facilities.

WHEREFORE, the Petitioner respectively requests that pursuant to Section 190-85 of the
Land Use Code, the Board of Aldermen waive in full the impact fees imposed against the
Community and paid by the Petitioner, abate the amount that has been paid ($31,500.00) and return
such amount to the Petitioner.

Respectfully Submitted,
Etchstone Properties, Inc.
By its attorneys

Winer and Bénneft, LLP

“7 ee
Dated March 3, 2022 By! __. ——
/ J. Bradford Westgate, Esquire
V1 Concord Street
\_ “Nashua, New Hampshire 03064
(603) 882-5157
ibwestgate@winerbennett.com

EXHIBIT A

FOUGERE PLANNING & DEVELOPMENT Inc.
Mark J. Fougere, AICP

253 Jennison Road Milford, New Hampshire 03055
phone: 603-315-1288 = email: Fougereplanning@comcast.net

February 22, 2022

Age Restricted Communities — School Age Children

The City of Nashua’s Land Use Code Article VIII, Impact Fees, Section 190-85 Waiver of
impact fee, provides the ability for an applicant to submit a school impact fee waiver
request to the Board of Alderman when it “can be reasonably expected not to require
additional educational facilities”. Given the data supplied herein, it is our professional
opinion that a school impact fee waiver should be provided to the managers of the
existing Thompson's Preserve and Walden Woods's age restricted condominium
developments.

Per RSA 674:21 V, impact fees can only be assessed “in order to help meet the needs
occasioned bv that development for the construction of or improvement of capital
facilities..". In addition, the City of Nashua’s Land Use Code Article Vill Impact Fees,
Section 190-72 Intent and purpose, C states “Require new development to contribute
some of its proportionate share of funds spent or to be spent by the City to accommodate
the new development’s impact. on certain public facilities for education havina a rational
nexus to the new development’. It is clear from these legal provisions that any impact
fee charged must be supported with a statistical basis that an impact to the City’s schools
facilities will occur. As detailed in Table One, we reviewed a number of age restricted
developments in New Hampshire totaling 1,036 units and found only 5 school age
children. In Nashua, we reviewed four developments with a total of 246 units and found

no school age children.

Given these pointed findings, no rational nexus exists between the school impact fee and
the proposed use and therefore a full school impact waiver should be granted to the
Thompson's Preserve and Walden Woods age restricted developments.

Mark J. Fougere, AICP
Fougere Planning & Development, Inc.

Table One
School Age Children‘
Age Restricted NH Condominiums

Town Project Name Num. Of Units Unit Types # School
Children

Bedford, NH The Mews 108 Single Family 2
Riverwalk 90 Single Family & Garden 0

Hudson, NH Abbie’s Landing 22 Single Family 0
Hudson Meadows 12 Single Family 0
Reeds Brook 31 Single Family 0
Lexington Place 34 Single Family 0
Sparkling River 126 Single & duplex 3

Londonderry, NH | Parish Hills 37 Single Family 0
Forest Hills 65 Single Family 0
Buttrick Village 40 Triplex 9)
Harvest Village 45 Duplex 0
Sugarplum Hili 36 Single & duplex ij

Merrimack, NH Parker Village 99 Single Family & Garden 0
Souhegan River View 45 Single, duplex & Quad 0

Nashua, NH Collston Yard 75 Garden 0
Thompson’s Preserve 39 Single Family 0
Watden Woods 95 Garden 0
Hayden Green 37 Single & Duplex 0
Total Units/Children 1,036 5
Children Per Unit 004

1 School data provided by local SAU Office.

APPOINTMENTS BY THE MAYOR

Cable Television Advisory Board

Steve Buxton (new appointment)
70 East Hollis Street
Nashua, NH 03060

Lauren Byers (new appointment)
9 Riverside Street
Nashua, NH 03062

Joseph Fay (new appointment)
28 Officer James Roche Drive
Nashua, NH 03062

Gregory Rodriguez (new appointment)

141 Ledge Street
Nashua, NH 03060

Downtown Improvement Committee

Timothy Sennott (new appointment)
62 Underhill Street
Nashua, NH 03060

Planning Board

Robert Bollinger (re-appointment)
5 Decatur Drive
Nashua, NH 03062

Scott LeClair (re-appointment)
10 Daylily Drive
Nashua, NH 03062

MARCH 22, 2022

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Indefinite

Indefinite

Indefinite

Indefinite

April 1, 2025

March 31, 2025

March 31, 2025

| respectfully request that these appointments be confirmed.

Jim Donchess, Mayor

R-22-018

RESOLUTION

AUTHORIZING PENNICHUCK CORPORATION AND PENNICHUCK EAST
UTILITY, INC. TO BORROW FUNDS AND ACCEPT A GRANT FROM THE STATE
OF NEW HAMPSHIRE DRINKING WATER AND GROUNDWATER TRUST FUND

CITY OF NASHUA

in the Year Two Thousand and Twenty-Two

WHEREAS, the City of Nashua is the sole shareholder of Pennichuck Corporation and
each of tts subsidiaries;

WHEREAS, Article [X (3) of the Articles of Incorporation of Pennichuck Corporation
and Article V §2 of the by-laws of Pennichuck Corporation require the approval of the sole
shareholder (the City of Nashua) for Pennichuck to create, incur, assume, or guarantee any
indebtedness for borrowed money, which includes contracting a loan on behalf of the
Corporation; and

WHEREAS, Pennichuck East Utility, Inc. is a regulated New Hampshire public water
utility corporation providing retail water service to New Hampshire customers, and is a wholly
owned subsidiary of Pennichuck Corporation which, in turn, is wholly owned by the City of
Nashua.

NOW, THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of
Nashua that the City approves the loan to Pennichuck East Utility, Inc. from the New Hampshire
Drinking Water and Groundwater Trust Fund, of up to $493,500 with a 25-year amortization
schedule; and

FURTHER RESOLVED by the Board of Aldermen of the City of Nashua that the City
approves the acceptance of a grant to Pennichuck East Utility, Inc. from the New Hampshire
Drinking Water and Groundwater Trust fund, of up to $211,500.

LEGISLATIVE YEAR 2022

RESOLUTION: R-22-018

PURPOSE: Authorizing Pennichuck Corporation and Pennichuck East
Utility, Inc., to borrow funds and accept a grant from the State
of New Hampshire Drinking Water and Groundwater Trust

Fund
ENDORSERS: Alderman Patricia Klee
COMMITTEE
ASSIGNMENT: Pennichuck Water Special Committee
FISCAL NOTE: None.

ANALYSIS

This resolution approves the proposal by Pennichuck Corporation and one of their regulated
public water subsidiaries to obtain a loan and grant from the State of New Hampshire Drinking
Water and Groundwater Trust Fund.

Pennichuck has provided additional information on the proposal, which has been forwarded to
the Board of Aldermen.

Article [X (3) of Pennichuck Corporation’s Articles of Incorporation and Article V §2 of the
Pennichuck Corporation’s by-laws requires City approval for the borrowing.

Approved as to form: Office of Corporation Counsel

py. Nope, (ou Mee

Date: M Mart dn Dye

R-22-019

RESOLUTION

AUTHORIZING PENNICHUCK CORPORATION AND PENNICHUCK EAST
UTILITY, INC. TO ENTER INTO A TERM LOAN WITH COBANK, ACB

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

WHEREAS, the City of Nashua is the sole shareholder of Pernichuck Corporation
(*Pennichuck’’) and each of its subsidiaries;

WHEREAS, Article IX (3) of the Articles of Incorporation of Pcinichuck and Article V
$2 of the by-laws of Pennichuck require the approval of the sole shareholder (the City of
Nashua) for Pennichuck to create, incur, assume, or guarantee any indebtedness for borrowed
money, which includes contracting a loan on behalf of Pennichuck or its subsidiaries; and

WHEREAS, Pennichuck East Utility, Inc. is a regulated New Hampshire public water
utility, and is a wholly owned subsidiary of Pennichuck which, in turn, is wholly owned by the
City of Nashua.

NOW, THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of
Nashua that the City approves (1) the loan to Pennichuck East Utility, Inc. from CoBank, ACB,
in an amount of up to $700,000, with a 25-year amortization schedule; and (2) the guarantee by
Pennichuck Corporation of the payment by Pennichuck East Utility, Inc. of said loan.