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O-22-010

ORDINANCE

AMENDING THE LAND USE CODE BY ADDING PROVISIONS REGARDING
SYNTHETIC NICOTINE AND ELECTRONIC SMOKING DEVICE SALES AND

LOUNGES

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

The City of Nashua ordains that Part II “General Legislation”, Chapter 190 “Land Use”,
Part 2 “Zoning Districts and Supplemental Use Regulations”, of the Nashua Revised Ordinances,
as amended, be hereby further amended as follows:

1. In Article III] “Base Districts”, amend Section 190-15 “Permitted Uses”, by adding the
new underlined language:

Ҥ190-15. Permitted uses.

D. Interpretation of Table 15-1.

Facilities with a primary use designated with the superscript “3” (*) shall be a
minimum of 1.000 feet from like-classified uses and 1,000 feet from schools or

youth serving organizations. The Planning Board may waive the 1,000-foot
measurement, provided that the applicant demonstrates that there are no negative
impacts on the direct abutters, neighborhood, or City and that the project meets

the required criteria for waivers (§ 190-148D). The Planning Board may not
waive the 1.000-foot measurement if the facility directly abuts a school or youth

serving organization. For the purposes of this section, schools and youth serving
organizations are defined as organizations with a physical location whose primary
purpose is to serve persons under the age of 18. Examples could include schools,
childcares, camps, or organizations whose primary purpose is youth support and

development which offer on-site programming, including housing, for persons
under the age of 18.”

During the last three year agreement the Solid Waste Department has had to seek
amendments to the contract to cover the costs for non-routine groundwater tasks
that may occur for the Four Hills Landfill (e.g., responding to comment letters
prepared the NHDES), or data review, analysis, summary, and reporting
associated with non-routine groundwater monitoring (i.e., not included in the
scope of Permit required monitoring). As a result the department is seeking
approval for up to an additional $120,000 yearly as a contingency for these non-
routine tasks bringing the total potential annual cost to $220,000. The Solid
Waste Department will request individual task and budget estimate letters before
authorizing SHA to proceed.

Sanborn Head has provided the required certificate of insurance to accomplish
these services.

The Solid Waste Superintendent and the Environmental Engineer recommend
awarding Sanborn Head and Associates of Concord, NH a three contract for these
services.

ORDINANCE O-22-010

2. In Article III “Base Districts”, Section 190-15 “Permitted Uses”, Table 15-1 “Use
Matrix”, amend entry number “137”, by adding the new underlined language, and deleting the

struck-through language as follows:

Key: “P” mean permitted as of right. “C” means permitted as a conditional use. “S” means permitted as a special
exception, “A” means permitted only as an accessory use. ‘“-” means prohibited. Refer to Article XLII or the source
referred to under “Land Use Code” for specific definitions of uses.
Land Use Code Zoning District
Use
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137. 2143 422940
Tobacco,
Synthetic
Nicotine
or
Electronic _ |. ~-|.f././.)./;,2 ) 2) PR] Pe) alee.
Smoking e;elie|;eie;c
Device
Sales and
Lounges
tobacsanist

All other ordinances or parts of ordinances inconsistent herewith are hereby repealed.

This ordinance shall become effective immediately upon passage.

LEGISLATIVE YEAR 2022

ORDINANCE: O-22-010

PURPOSE: Amending the Land Use Code by adding provisions regarding
synthetic nicotine and electronic smoking device sales and
lounges

ENDORSER(S): Mayor Jim Donchess

Alderman Patricia Kiee

COMMITTEE Planning and Economic Development Committee
ASSIGNMENT: Planning Board
FISCAL NOTE: None.

ANALYSIS

This legislation amends the City’s Land Use Code. State statute (RSA 675:2) and NRO Section
190-132 require a public hearing and referral to the city planning board. The public hearing is
conducted by the aldermanic planning and economic development committee with notice
published in a newspaper of general circulation and posted in two public places at least 10
calendar days prior to the date of the hearing. The notice period does not include the day notice
is posted or the day of the public hearing. (RSA 675:7, I) Under RSA 676:12 and NRO Section
105-3, no building permit may be issued after the legal notice has been posted if the proposed
changes would, if adopted, justify refusal of the permit. This limitation applies for a period of
120 days.

Approved as to form: Office of Corporation Counsel

By: March 2, 2022

Date: /s/Celia K. Leonard

AGENDA MEETING OF THE BOARD OF ALDERMEN FEBRUARY 22, 2022

7:30 PM Aldermanic Chamber and by Zoom

To Join Zoom meeting: https://usO2web.zoom.us/j/893445249 15? pwd=SHZORKNOUOIOTWO02STZCMmxHTktOUT09
Meeting ID: 893 4452 4915 Passcode: 662009

To Join by Telephone: 1-929-205-6099
Meeting ID: 893 4452 4915 Passcode: 662009

If for some reason you cannot connect to Zoom, please contact us at (603) 589-3329 and they will help you with connectivity.
The public may also view the meeting via Channel 16.

1. PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER

PRAYER OFFERED BY CITY CLERK SUSAN K. LOVERING

PLEDGE TO THE FLAG LED BY ALDERMAN-AT-LARGE MELBOURNE MORAN, JR.
ROLL CALL

REMARKS BY THE MAYOR

RESPONSE TO REMARKS OF THE MAYOR

RECOGNITIONS

Oo N Oo oO FF ON

READING OF MINUTES OF PREVIOUS MEETINGS

Board of AIDErMe@ nn... 0... ccc ccc cece eee ee cee eee seen ee eee eee see nee dae sea aee eae eae sea aeeeeeeeneansess 01/25/2022

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COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS

From: Donna Graham, Legislative Affairs Manager
Re: Communications Received from the Public

From: Alderman Patricia Klee
Re: Nashua Arts Commission Liaison Report

From: Tim Cummings, Economic Development Director
Re: Proposal to Extend Outdoor Dining

9(a). PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING
9(b). COMMUNICATIONS REQUIRING FINAL APPROVAL
PETITIONS

NOMINATIONS, APPOINTMENTS AND ELECTIONS

REPORTS OF COMMITTEE

Committee on Infrastructure... 0.0.00 ee cece ee eee cence eseeaea van eeeaeeaes 01/26/2022
Finance Committee... 00... cee cece cee seen ee cee eee nee ave sae eeaee eae aeaaees 02/02/2022
Personnel/Administrative Affairs Committee... .....0..0.00 000 cee cece eee eee 02/07/2022

10. CONFIRMATION OF MAYOR'S APPOINTMENTS

Auditorium Commission

Paul LaFlamme
28 Lutheran Drive
Nashua, NH 03063

Conservation Commission

Maureen Bourque (new appointment)
37 Jennifer Drive
Nashua, NH 03062

Jedidiah Crook
52 King Street
Nashua, NH 03060

Sherry Dutzy
18 Swart Terrace
Nashua, NH 03064

Gloria McCarthy
65 Musket Drive
Nashua, NH 03062

Brandon Pierotti
14 Lochmere Lane
Nashua, NH 03063

Conway Ice Arena Commission

Cheryl Lindner
Nashua, NH

Cultural Connections

Shanta Bist (new appointment)
4 Cobble Hill Road
Nashua, NH 03062

Mine Falls Park Advisory Committee

Richard Gillespie
15 Spencer Drive
Nashua, NH 03062

Stacey Vignault
6 New Hampshire Avenue
Nashua, NH 03064

BPW Retirement System Trustees Committee
Business & Industrial Development Authority
Tax Increment Financing District

John Griffin (new appt. — replacing David Fredette)
Tyngsborough, MA

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

December 31, 2024

December 31, 2024

December 31, 2024

December 31, 2024

December 31, 2024

December 31, 2024

Indefinitely

February 28, 2023

December 31, 2024

January 31, 2024

Indefinitely

UNFINISHED BUSINESS — RESOLUTIONS

R-22-003
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.

Alderman Patricia Klee

Alderman-at-Large Melbourne Moran, Jr.
Alderwoman-at-Large Shoshanna Kelly
Alderman Derek Thibeault

Alderman John Sullivan
Alderman-at-Large Lori Wilshire

RELATIVE TO THE ACCEPTANCE OF UP TO $150,000 FROM THE NATIONAL ENDOWMENT FOR THE ARTS,
AMERICAN RESCUE PLAN (“ARP”) FUNDS INTO ECONOMIC DEVELOPMENT GRANT ACTIVITY “GRANTS TO
LOCAL ARTS AGENCIES”

e Human Affairs Committee recommends final approval

R-22-004
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman-at-Large Melbourne Moran, Jr.
Alderman Thomas Lopez
Alderwoman-at-Large Shoshanna Kelly
Alderman Alex Comeau
Alderman Richard A. Dowd
Alderman Tyler Gouveia
Alderman John Cathey
Alderman Derek Thibeault
Alderwoman-at-Large Gloria Timmons
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE OF $40,000 FROM THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF
SAFETY “STATE HOMELAND SECURITY GRANT PROGRAM” INTO POLICE GRANT ACTIVITY “2021 BOMB
DETECTION TECHNOLOGY EQUIPMENT”

e Human Affairs Committee recommends final approval

R-22-005
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman-at-Large Melbourne Moran, Jr.
Alderman Thomas Lopez
Alderwoman-at-Large Shoshanna Kelly
Alderman Richard A. Dowd
Alderman Derek Thibeault
Alderwoman-at-Large Gloria Timmons
Alderman-at-Large Lori Wilshire
AUTHORIZING THE FILING OF APPLICATIONS AND EXECUTION OF GRANT AGREEMENTS WITH THE U.S.
DEPARTMENT OF TRANSPORTATION FOR GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT OF
1964, AS AMENDED, FOR FISCAL YEARS 2023 AND 2024

e Human Affairs Committee recommends final approval

R-22-006
Endorsers: Mayor Jim Donchess

Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman-at-Large Melbourne Moran, Jr.
Alderman Thomas Lopez
Alderwoman-at-Large Shoshanna Kelly
Alderman Richard A. Dowd
Alderman Tyler Gouveia
Alderman Derek Thibeault
Alderwoman-at-Large Gloria Timmons
Alderman-at-Large Lori Wilshire

RELATIVE TO THE ACCEPTANCE OF AN ADDITIONAL $377,873.50 FROM THE STATE OF NEW HAMPSHIRE,

DEPARTMENT OF HEALTH AND HUMAN SERVICES INTO TRANSIT GRANT ACTIVITY

“FEDERAL TRANSIT AUTHORITY (“FTA”) OPERATING GRANT”

e Human Affairs Committee recommends final approval

3

R-22-007
Endorsers: Mayor Jim Donchess

Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman-at-Large Melbourne Moran, Jr.
Alderman Thomas Lopez
Alderwoman-at-Large Shoshanna Kelly
Alderman Alex Comeau
Alderman Richard A. Dowd
Alderman Tyler Gouveia
Alderman Derek Thibeault
Alderwoman-at-Large Gloria Timmons
Alderman-at-Large Lori Wilshire

RELATIVE TO THE ACCEPTANCE OF $98,250 FROM THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF

HEALTH AND HUMAN SERVICES INTO POLICE GRANT ACTIVITY “FY2022 COVID-19 VACCINATION AID

GRANT”

e Human Affairs Committee recommends final approval

UNFINISHED BUSINESS — ORDINANCES

O-22-001

Endorsers: Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Melbourne Moran, Jr.
Alderwoman-at-Large Shoshanna Kelly
Alderman Alex Comeau
Alderman Tyler Gouveia
Alderman Derek Thibeault
Alderwoman-at-Large Gloria Timmons
Alderman Richard A. Dowd

DISSOLVING THE SUBSTANDARD LIVING CONDITIONS ALDERMANIC SPECIAL COMMITTEE
e Personnel/Administrative Affairs Committee with recommendation for final passage

O-22-002
Endorsers: Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Ben Clemons
Alderwoman-at-Large Gloria Timmons
ALLOWING ALDERMEN PARTICIPATING IN MEETINGS THROUGH VIDEO TELECONFERENCING TO BE THE
PRESIDING OFFICER AND CONDUCT THE MEETING
e Personnel/Administrative Affairs Committee with recommendation for final passage

NEW BUSINESS —- RESOLUTIONS

R-22-011
Endorser: Mayor Jim Donchess
RELATIVE TO THE ACCEPTANCE OF $69,564 FROM THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF
TRANSPORTATION INTO TRANSIT GRANT ACTIVITY “FEDERAL TRANSIT AUTHORITY (“FTA”) OPERATING
GRANT”

R-22-012
Endorser: Mayor Jim Donchess
RELATIVE TO THE ACCEPTANCE OF $75,850 FROM THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF
ENVIRONMENTAL SERVICES, EXOTIC SPECIES PROGRAM AND AUTHORIZING THE TRANSFER OF MATCHING
FUNDS

R-22-013
Endorser: Mayor Jim Donchess
AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED SIX MILLION TWO
HUNDRED EIGHT THOUSAND THREE HUNDRED TWENTY-FIVE DOLLARS ($6,208,325) FOR THE CITY’S SEWER
INFRASTRUCTURE PROGRAM AND SEWER STRUCTURES

NEW BUSINESS - ORDINANCES

O-22-006
Endorser: Alderman-at-Large Melbourne Moran, Jr.
RESCINDING THE FACE COVERING ORDINANCE PRIOR TO FEBRUARY 28, 2022

O-22-007
Endorser: Alderman-at-Large Ben Clemons
EXTENDING THE HOURS OF ON-PREMISES SALES OF ALCOHOLIC BEVERAGES TO 2 A.M. FOR CHARITABLE
GAMING FACILITIES

O-22-008
Endorser: Mayor Jim Donchess
RELATIVE TO SEASONAL ROAD CLOSURES AND ELIMINATION OF CERTAIN ON-STREET PARKING FOR
EXTENDED OUTDOOR DINING AND OTHER NON-VEHICULAR USE

O-22-009
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
RAISING THE LANDFILL DISPOSAL FEE FOR CONSTRUCTION AND DEMOLITION DEBRIS FROM $90 PER TON
TO $300 PER TON

PERIOD FOR GENERAL PUBLIC COMMENT

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Committee announcements:

ADJOURNMENT

Board of Aldermen

City of Nashua
229 Main Street
Nashua, NH 03061-2019

(603) 589-3030

MEMORANDUM

TO: Board of Aldermen

FROM: Donna Graham, Legislative Affairs Manager
DATE: February 18, 2022

SUBJ: Communications Received from the Public

Attached please find communications received from the public as follows:

From: Brian Cram
Re: Mask Mandate

From: Mike and Gale Cummings
Re: Downtown barriers

From: John Strickland
Re: Mask Mandates

From: Sharon Tamposi
Re: Barriers

From: Lisa Tremblay
Re: Downtown Nashua’s Jersey Barriers

From: Neverett Smith, Jr.
Re: Downtown barriers

From: Tara Canaway
Re: Masks

From: Sy & Fouad Mahfuz
Re: Removal of Jersey Barriers

From: Gary Hendricks
Re: Concrete Barriers

From: Jan Dugger
Re: Mask Mandate

From: Donald Sherwood
Re: Main Street Barriers