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ARCHITECTURE
MASSING STUDIES
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ARCHITECTS
NASHUA PERFORMING ARTS CENTER
B-ICON CURVED FORM FEBRUARY 13, 2019
ARCHITECTURE
NEXT STEPS / SCHEDULE
DESIGN PHASE DURATION SCHEOULE CONSTRUCTION
PHASE
Existing Conditions 4 weeks January 16 — February 13,
Measuring/Documentation 2019
Programming 4 weeks January 16 — February 13
Schematic Design Phase 3 weeks February 18 - April 12
® Exploratory Demolition ploratory
Package Release Demolition Work
May 2019
« Cost 3 weeks April 15 - May 3
Estimates/Recanciliation
Design Development Phase 12 weeks May 6 - July 26
© Meet with Eversource Mid-June
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Package Release E 5
Construction Documentation 16 weeks August 5 —- November 22 5 <=
Phase 5
Dema/Abatement Phase 4 weeks September-October 2019
Construction Administration 52 weeks January 2020 - January Es
Phase 2021 &
NASHUA PERFORMING ARTS CENTER
ICON FEBRUARY 13, 2079
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JANUARY 390, 2019
AGENDA MEETING OF THE BOARD OF ALDERMEN FEBRUARY 26, 2019
1.
Oo NO oO #
9(a).
9(b).
10.
11.
12.
13.
PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER
PRAYER OFFERED BY CITY CLERK PATRICIA PIECUCH
PLEDGE TO THE FLAG LED BY ALDERMAN-AT-LARGE BRANDON MICHAEL LAWS
ROLL CALL
REMARKS BY THE MAYOR
RESPONSE TO REMARKS OF THE MAYOR
RECOGNITIONS
READING OF MINUTES OF PREVIOUS MEETINGS
Special Board of Aldermen .. . be cde ste ctesteeteeereeeeseseees 02/19/2019
Board of Aldermen Mayor's State- of- the- “ity Address... bitttttteetttteeeeeseeees 02/19/2019
Board of Aldermen.. beeen bebe eee eee see ee tte et tee tee ttttet tte ttttttteeereeees 02/19/2019
COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS
From: Len Fournier, Superintendent, Woodlawn/Pinewood Cemeteries
Re: Request for Joint Convention with the Woodlawn/Pinewood Cemeteries Board of Trustees
PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON
THIS EVENING
COMMUNICATIONS REQUIRING FINAL APPROVAL
From: Celia K. Leonard, Deputy Corporation Counsel
Re: Environmental Indemnity and Release Agreement
PETITIONS
NOMINATIONS, APPOINTMENTS AND ELECTIONS
Appointments by the Mayor
REPORTS OF COMMITTEE
Finance Committee... 0.0.0... cece cece cee cee cee eee ceseee cae aecetetererevavaveunenerereras 02/20/2019
CONFIRMATION OF MAYOR'S APPOINTMENTS
UNFINISHED BUSINESS — RESOLUTIONS
R-18-073, Amended
Endorsers: Alderman-at-Large Brian S. McCarthy
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Jan Schmidt
Alderman Tom Lopez
Alderman-at-Large Brandon Michael Laws
Alderwoman Mary Ann Melizzi-Golja
PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO FILLING VACANCIES ON
ELECTED BOARDS BY MAJORITY VOTE OF THE REMAINING MEMBERS OF THAT BOARD
Amended and Tabled pending Public Hrg scheduled for 3/12/2019 at 7 PM in the Chambers
R-19-110
Endorsers: Mayor Jim Donchess
Alderman-at-Large David C. Tencza
Alderwoman Mary Ann Melizzi-Golja
Alderwoman-at-Large Shoshanna Kelly
Alderman June M. Caron
Alderman Tom Lopez
Alderman-at-Large Brandon Michael Laws
Alderman Patricia Klee
Alderman Linda Harriott-Gathright
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Lori Wilshire
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A LEASE AGREEMENT WITH MAKEIT
LABS, CORP. FOR 25 CROWN STREET
e Finance Committee Recommends: Final Passage
UNFINISHED BUSINESS — ORDINANCES
NEW BUSINESS — RESOLUTIONS
R-19-113
Endorsers: Mayor Jim Donchess
Alderwoman-at-Large Shoshanna Kelly
ADOPTING ENVIRONMENT AND ENERGY COMMITTEE RECOMMENDATIONS
NEW BUSINESS — ORDINANCES
O-19-039
Endorser: Alderman Patricia Klee
AUTHORIZING STOP SIGNS AT THE INTERSECTION OF FAIRMOUNT STREET AND CHARLES
STREET
PERIOD FOR GENERAL PUBLIC COMMENT
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
Committee announcements:
ADJOURNMENT
Chairman Len Fournier - Superintendent Vice Chairman
NILES F. JENSEN JR. Mayor JIM DONCHESS - Ex-Officio DANIEL A. BUSLOVICH
Secretary 101 Kinsley Street Treasurer
BARBARA A. WHITMORE Nashua, New Hampshire 03060 DAVID G. FREDETTE
Phone: (603) 594-3354 Fax: (603) 594-3418
February 19, 2019
Nashua Board of Alderman
Attn: Susan Lovering
City Hall
Nashua, NH 03060
Dear Susan,
Would you please schedule a Joint Convention with the Alderman to re-nominate Daniel
Buslovich and Howard Frizzell to new five year terms as Trustees of Woodlawn/Pinewood
Cemeteries.
Thank You,
Len Fournier
Superintendent
Woodlawn/Pinewood Cemeteries
CC: Niles Jensen, Chairmen of Trustees
Incorporated 1895
CITY OF NASHUA
OFFICE OF CORPORATION COUNSEL
Memorandum
To: Board of Aldermen
CC: Sue Lovering, Legislative Affairs Manager
From: Celia K. Leonard, Deputy Corporation Counsel
Date: February 20, 2019
RE: _ Environmental Indemnity and Release Agreement
The City acquired L Putnam Street, Tax Map 62, Lot 83, on the corner of Amherst and Putnam
Street (“Parcel”) in February 1975 for an early alignment of the Broad Street Parkway. The
Parcel was not used for the as-built alignment of the Parkway and was declared surplus by
Resolution R-11-134. The City sold the Parcel at auction on December 12, 2014 to the highest
bidder, Mr. Larry Kittle.
The Parcel was identified as an “asbestos disposal site” (“ADS”) at least as of November 2007 in
documentation submitted to the City and therefore subject to New Hampshire law and
regulations regarding ADS. Due to the passage of time and a lack of awareness, the Parcel was
sold without the required asbestos notice in the chain of title, and without the required asbestos
information in the marketing literature.
Mr. Kittle engineered and permitted 3 2-family buildings on the Parcel and in the process learned
of the asbestos from the NH DES. He desired to keep the Parcel even after learning of the
asbestos if he could engineer and permit a viable cost effective alternative and if he was
reimbursed, at least in part, for costs associated with the first permitting process and the
purchase. Mr. Kittle paid market rate for a “clean” site and has paid taxes on that value. He has
since received approval for 2 3-family buildings on the Parcel and would like to finalize the
attached agreement.
This property has been off the tax roll since the mid-70’s. With this agreement, the City will be
spared the additional time and expense of having to repurchase and remarket the Parcel with
appropriate disclosures. To have more housing options developed in the city and producing
taxes on the lot is an accomplishment. Lastly, it is worth noting that Mr. Kittle has been
amendable and courteous throughout this process.
I am requesting the approval of the full Board of Aldermen for the Mayor to execute the attached
agreement. The funds will come out of the Broad St. Parkway Account 1061.60.
Environmental Indemnity and Release Agreement
THIS AGREEMENT is made as of the __ day of , 2019 (“Effective Date”) by
and between the City of Nashua, a New Hampshire municipal corporation, with an address of
229 Main Street, Nashua, NH 03061 (“City”) and Larry Kittle, with an address of 166 Amherst
Street, Merrimack, NH 03054, (“Buyer”).
WHEREAS, City acquired L Putnam Street, Tax Map 62, Lot 83 (“Parcel 83”) by deed
of Roland Soucy and Katherine Soucy dated February 12, 1975, and recorded in the
Hillsborough County Registry of Deeds at Book 2389, Page 518;
WHEREAS, Buyer was the highest bidder at a City auction on December 12, 2014, for
two (2) certain tracts or parcels of land located in the City of Nashua, County of Hillsborough
and State of New Hampshire, being more particularly described as 78 Amherst Street, Tax Map
62, Lot 85 (“Parcel 85”) and Parcel 83;
WHEREAS, Buyer paid $75,367.74 plus an auctioneer’s fee of $7,536.77 for a total of
$82,904.51 for Parcel 83;
WHEREAS, by Quitclaim Deed dated January 14, 2015, City deeded the parcels to
Buyer, said deed being recorded in the Hillsborough County Registry of Deeds at Book 8721,
Page 2511;
WHEREAS, Buyer was granted variances by the City’s Zoning Board of Adjustment on
July 28, 2015, and a lot line relocation and three lot subdivision by the City’s Planning Board on
December 3, 2015, to construct three (3) two-family buildings on Parcel 83 and to move the
driveway for Parcel 85;
WHEREAS, on or around December 17, 2016, Buyer notified City that asbestos was
found on Parcel 83 where he recently had started to prepare the land for the new duplexes;
WHEREAS, after inquiry, City discovered that Parcel 83 was listed as “Amherst Street
(Former ADS 258)” Master Id: 59711 (aka “Amherst Street and Putnam Street”) on the publicly
available “Onestop” on-line database of the New Hampshire Department of Environmental
Services as an “Asbestos Disposal Site (Inactive), with a “Preliminary Assessment/Site
Investigation Report” dated November 13, 2007;
WHEREAS, under NH RSA 141-E:2, III, Parcel 83 is an “Asbestos disposal site,” with
asbestos waste buried prior to July 10, 1981, and therefore subject to Administrative Rules Eny-
Sw 2100;
WHEREAS, state rules require disclosure of buried asbestos to potential buyers and
recording notice of the presence of buried asbestos within the chain of title to the property in the
Hillsborough County Registry of Deeds (see Env-Sw 2104.08), which notice was not provided;
WHEREAS, Buyer’s Purchase Agreement and Deposit Receipt stated that the parcels
were being sold “AS IS, WHERE IS” without any warranty as to their use or condition
whatsoever and subject to all matters of record which may impact the use of the parcels;
WHEREAS, Buyer wishes to retain title to Parcel 83 and develop the property but has
incurred expenses, including purchase price, taxes, and engineering costs, and will incur
mitigation costs to address the asbestos;
WHEREAS, City is desirous of responsible development; and
WHEREAS, the parties desire to compromise, settle, buy complete peace from, and
terminate any and all known and unknown disputes, claims, controversies, demands, actions,
causes of action, and litigation as exist between them arising from or in any way related to the
transfer of title for Parcel 83 and the asbestos therein, and in order to avoid the risk, nuisance
time, and expense of any litigation.
NOW, THEREFORE, in consideration of the recitals stated above, which are hereby
incorporated into this Agreement and made a part hereof, and in consideration of the mutual
promises, covenants, agreements, representations and warranties contained herein, the receipt
and sufficiency of which are hereby acknowledged, it is agreed between the parties as follows:
1. Payment and Recording of Notice. City shall pay Buyer $83,081.81 within 10
businesses days of Buyer executing this Agreement. Buyer shall execute concurrently with this
Agreement, and the City shall cause to be recorded in the Hillsborough County Registry of
Deeds, a notice of asbestos substantially in the form attached hereto as Exhibit A.
2s General Release of Claims by the City of Nashua. In consideration of the mutual
promises, covenants, agreements, and representations contained herein, the City, on behalf of
itself and its officers, employees, officials, representatives, agents and assigns, fully release
Larry Kittle, and his successors, heirs and assigns, from all known and unknown claims, causes
of action, suits, litigation, demands, and obligations of every kind, including claims for damages,
attorneys’ fees and any other form of relief available at law or in equity, which the City has or
may have by means of any matter, cause, or thing whatsoever from the beginning of time to the
Effective Date of this Agreement. Without limiting the generality of the foregoing, this release
includes all matters arising out of or in connection with the transfer of title of Parcel 83 from the
beginning of time to the Effective Date of this Agreement, including, but not limited to any and
all claims which could have been set forth regarding asbestos on the parcel.
3. General Release of Claims by Larry Kittle. In consideration of payment
described in Paragraph 1 above, and the mutual promises, covenants, agreements, and
representations contained herein, Larry Kittle, on behalf of himself and his successors, heirs and
assigns, agents, and insurers, fully release the City and its officers, employees, officials,
representatives, agents and assigns, from all known and unknown claims, causes of action, suits,
litigation, demands, and obligations of every kind, including claims for damages, attorneys’ fees
and any other form of relief available at law or in equity, which Larry Kittle has or may have by
means of any matter, cause, or thing whatsoever from the beginning of time to the Effective Date
Environmental Indemnity and Release Agreement
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