Search

City of Nashua
* Planning & Zoning 589-3096
Planning Department pes asians
229 Main Street WEB = www.nashuanh gov
Nashua, New Hampshire 03061-2019

APPLICATION FOR REZONING

I/We the undersigned, being ownetr/owners of real estate at Gutewan tics ore Besenecis Dewe,
in the City of Nashua, listed as lot/lots No. _A- 74% ormthe- ho-Assessor's-aheet/sheets: A~ 1010, A~1oi|
request that the Board of Alderman in accordance with the Nashua revised Ordinance, Section

190-276 A(4} Rezoning Application: Amend the requirements of the Zoning Ordinance follows:

Tr

From Pr To =~.
Acres >>

For cn

For the following proposed uses:

_ Mutiri- Easy Worse Countti6 OF gue- Avid Tiod- BEDQDOM UnITS.

I also hereby authorize the Nashua Board of Aldermen and the Planning Board, its staff and/or
agents to enter on and inspect the property proposed for action by this application.

(Please Print or Type Below)
Owner’s Name: Agty J. Clavie Com PAw4 Applicant’s Name: Same
la vA A .
Signature: Li Ve Signature:

Address:4S Daw Bes Suite 32p Address:

Carstons, AB (Cyl oy 5|

Phone No.: (798 1) 3860-7731 Phone No::
Email: Kw #\Slatco, tom Email:
Date: Date:

** Agents and/or option holders, lessees must supply written authorization to petition on behalf
of owner/owners.

Acceptance of this application and inclusion of the application on either the Planning Board or
Board of Aldermen agenda does not infer that all requirements for rezoning have been satisfied.

I do hereby affirm that to the best of my knowledge and belief all information supplied with this
application is true and accurate and that I am the owner of the property involved in the requested

rezoning.
gar al Sionature BUNT

Date Ve die UN

Date Received
For Office Use Only: Fee Paid $ kH

Application Received by

JOHRFLATLEY

ompany

Company Requesting Zoning Change:

Attorney:

Civil Engineer:

Traffic Engineer:

Fiscal Impact Analyst:

REZONING SUBMISSION TEAM

John Flatley Company
John Flatley, President

Kevin Walker, P.E. — Vice President of Construction and Engineering

45 Dan Road, Suite 320
Canton, MA 02021
781-380-7731

Attorney Gerald Prunier
Prunier & Prolman, P.A.

20 Trafalgar Square, Suite 100
Nashua, NH 03063
603-883-8900

Chad Branon, P.E.

Fieldstone Land Consultants, PLLC
206 Elm Street

Milford NH 03055

603-672-5456

Robin Bousa, Managing Director / Principal
VHB

2 Bedford Farms Drive, Suite 200

Bedford, NH 03110

603-391-3912

Mark Fougere, AICP

Fougere Planning & Development, Inc.
253 Jennison Road

Milford, NH 03055

603-315-1288

45 Dan Road, Suite 320
Canton, MA 02021
781.380.7731 - main
www.johnflatleyco.com

We anticipate developing a News Team with Live morning and evening newscast and leasing a
vehicle wrapped with station logos to promote station while collecting news for broadcast.

2. Streaming Content.

Nashua has a video server that takes care of all three stations with on-demand programming and
streams live content. We propose to add Roku and Amazon Fire Stick for the viewer’s streaming
access. These comprise about 60% of the streaming access (OTT) devices used today.

3. Closed Captioning.

We propose closed captioning with apps available to accommodate any language.

If a viewer wants to see closed captioned text, whether English or any other language offered, he/she
would do it with the Closed Captioning (CC) menu, same as any streamed program. We would
promote how to do this with a video. The P-channel offers both English and Spanish programs
today. We would naturally offer Spanish to English for the Spanish language shows and English to
Spanish for English language shows.

The VEED close captioning app can be utilized. This would have to be done for selected videos that
we produce and it would be encouraged for any hosted show and anyone producing a video as an
incentive for dramatically improving their viewership. We will instruct contributors as part of the
production process, and provide user documentation.

4. Nashua Performance Arts Center Coverage.

We propose to set up a network access point inside the Nashua Performing Arts Center (PAC) to
incorporate studio/broadcast events and promote the new and unique opportunity offered by this
entertainment center.

5. Studio inside the Performance Arts center.

We will investigate and propose to CTAB to setup a small studio equipped with cameras inside
the Performance Arts Center to interview artists and others involved with the PAC.

crm
JOHNFLATLEY ~ CBS Crore, or

Company

August 31, 2021

City of Nashua
Board of Aldermen
P.O. Box 2019
Nashua, NH 03061

RE; Petition to Re-Zone from PI District to RC District
Dear Alderman Cleaver and Honorable Members of the Board:

Please find enclosed sixteen (16) copies of a Request for Zoning Change Report (Report) for the Board's
review, which provides supplemenial information for the Board to consider in our request to have 31.55 acres
within the PI Zoning District re-zoned to the RC Zoning District, the purpose of which is to provide additional
housing on the site in a 266 unit apartment building and 28 townhouse units.

The attached Report contains supporting information including the need for housing in the City of Nashua, the
occupancy of Tara Heights Apartments, which directly abuts the requested area to the north, general
information on the impact the Zoning Change would have on the PI Zoning District, as well as Fiscal, Schoo!
Impact, and Traffic impacts, or lack thereof, as well as potential improvements to Spit Brook Road.

In addition, we will walk through a [etter previously submitted to the Zoning Board on April 22, 2021. from
the City’s Director of Economic Development. and give the Board of Aldermen some clarity on the processes
that took place prior to that application, and how we are addressing the relevant comments.

As this request contains multiple supporting items. the Report contains multiple sections, as well as a Table of
Contents. to allow the Board to read the Report with relative case and see each section for its own merits.

Thank you, in advance. for your consideration of this request. Should you have any questions, please do not
hesitate to contact me via e-mail (kevin. walker@johnflaticyco.com) or telephone at (781) 380-7731.

Sincerely. 4

/

/
Kevin Walker, P.E.
JOHRELATLEY

Company

415 Dan Road, Suite 320
Canton, MA 02021
781.380.7731 - main
www.johnflatleyco.com

Request for Zoning Change Report
within Gateway Hills

August 31, 2021

Prepared By:
JOHRFLATLEY

Conimpany

45 Dan Road, Suite 320
Canton, MA 02021

TABLE OF CONTENTS

Section | Gateway Hills Existing Zoning & Existing Site Development
Section 2 Gateway Hills Requested Zoning Change

Section 3 Positive Fiscal Impact of Apartment Development

Section 4 Response/Adherence to April 22, 2021 Letter to Nashua Zoning

Board from Nashua Director of Economic Development

Section 5 Closing/Summary

Appendix A Fiscal Impact Analysis by Fougere Pianning & Development
Appendix B Traffic Memorandum with supporting Trip Generation Data
Appendix C April 22, 2021 Letter from Nashua Director of Economic

Development to Community Development Office

Appendix D Proposed Rezoning Land Use Exhibit Plan

Section 1 — Gateway Hills Existing Zoning & Existing Site Development

Gateway Hills, located on the north side of Spit Brook Road and abutting the F.E. Everett
Turnpike, consists of over 400 acres of land with multiple zoning designations throughout. To
the far north, near the City-owned Proctor Park, lies an area that is zoned R-18 and R-40, which
primarily allows the construction of single-family homes on lots 18,000 square feet (sf) and
40,000 sf, or of lesser size if developed as an open space subdivision.

South of these areas is the Park Industrial (PI) zoning district, which extends south to Tara
Heights Apartments, which is located in the C-Urban Residence (RC) zoning district, and finally
to the remainder of the site, from Tara Heights to Spit Brook Road, which is zoned PI.

Tara Heights Apartments currently has no vacant units, further showing the need for additional
rental units in the City.

All areas north of Tara Heights are undeveloped and consist, in part, of approximately 110 acres
of land that is zoned PI. The area zoned RC is currently developed and consists of 584
apartment units, with all units consisting of one or two bedrooms, along with 2 clubhouses and 2

salt-water pools.

The remaining area to the south of Tara Heights consists of roughly 170 acres of land zoned PI.
Within this area there is a hotel (Hilton Homewood Suites), 3 office buildings, a medical facility,
875,000 sf of manufacturing, research & development and office within 100, 200, and 300
Innovative Way, and Tara Commons, which consists of various uses from convenience store and
Craft Beer store to medical and exercise facilities. Currently under construction are 28
townhomes, 28,800 sf of flex-warehouse space, a 10,500 sf brewery/restaurant, and a self-
storage facility. Recreational facilities, including a beginner ski slope, soccer/lacrosse field,
tennis court, basketball court, walking trails and picnic tables round out the site features.

Section 2 — Gateway Hills Requested Zoning Change

As described, above, Gateway Hills consists, in part, of approximately 280 acres of land that is
zoned Park Industrial (PI). This zoning change request is for only 31.55 acres of that 280 acres,
with 4.6 acres being within the Tara Heights Apartments parcels simply for continuity of the
zoning district, leaving 26.95 acres rezoned for new development. Should this zoning change be
allowed, there will still be over 248 acres of PI zoned land remaining within Gateway Hills,
which is still far more P] zoned land than any other tract in the City held by any private owner.

By approving this change, needed housing stock will be added to the housing availability within
the city. In addition, construction of this additional housing will result in a generous positive
yearly fiscal impact to the city, as well as potential improvements to Spit Brook Road or a
contribution to the City’s traffic fund that is being used to study the D.W. Highway and Spit
Brook Road corridor. In addition, the applicant is open to discussing other needs the City might

request.

Section 3 — Positive Fiscal Impact of Apartment Develonment

Earlier this year, a Fiscal Impact Analysis was prepared by Fougere Planning & Development,
Inc. to evaluate the fiscal impact to the City of Nashua should this area be developed as multi-
family. The report breaks down everything from the number of bedrooms in a unit to impacts on
the school system, and more specifically, impact to the Bicentennial School, which affects the
immediate neighborhood. The Bicentennial School was looked at as a separate item based on
concerns from neighbors that were expressed to us during one of our many Neighborhood
Meetings. The report states that the development will generate $812,554 in yearly taxes. In
addition, it is estimated that an additional $129,654 in motor vehicle registration fees will be
collected by the city. resulting in $942,208 in additional yearly revenue that the City of Nashua
will receive. While not necessary, Municipal costs in the amount of $45,000 toward a part-time
teacher (not necessary based on input from Nashua School Districts Chief Operating Officer), as
well as $22,050 in miscellaneous costs, in addition to $60,000 total for the Police and Fire
Departments, the NET POSITIVE yearly fiscal impact to the city will be a minimum of
$815,158. Additional one-time fees such as building permit fees and School Impact Fees will
bump that number over $1,000,000.

School enrollment was an issue that was brought up during our Neighborhood meetings that was
looked at more closely and broken out separately to see the direct impact to that one school in the
neighborhood. From 2013 to 2019 (pre-pandemic), there was an 8.8% reduction in enrollment to
the Bicentennial School (10.1% reduction overall in Nashua). Based on the Fiscal Analysis, it is
expected that 19 students will attend elementary school, with 1 middle school attendee, and 4

high school students.

Mr. Fougere also met with Mr. Daniel Donovan, Nashua School Districts Chief Operating
Officer to obtain a clear understanding of the potential impacts to the school district, The largest
addition of students would be to Bicentennial (19 students) and based on that number, Mr.
Donovan did not foresee any capacity issues at Bicentennial nor any of the other schools in the
district. Mr. Donovan further mentioned that in the fall of 2021, preschool students would be
moved from Bicentennial to a new facility at 55 Franklin Street, freeing additional space at the
Bicentennial School, while placing preschool students in a more appropriate setting.

The full Fiscal Impact Analysis is included in Appendix A.

Section 4 — Response/Adherence to April 22, 2021 Letter to Nashua Zoning Board from

Nashua Director of Economic Development

On the day of our April 22, 2021 hearing with the Zoning Board for the previously requested
variance, a letter was received from the Nashua Director of Economic Development. This
section of the report is to respond to the relevant portions of that letter, as it pertains to this site
and the current by-laws and requirements of the City. We hope that these responses continue to
show our desire to work with the City as we have since starting development within Gateway
Hills almost 10 years ago. The letter was dated April 22. 2021 to the Nashua Community
Development Office from Nashua Director of Economic Development Tim Cummings. That

letter is included in Appendix C.

In that letter, it was stated that this overall tract of land is “one of the last few tracts of large
land areas available to attract a large number of jobs and be an economic engine for the
southern New Hampshire region.” It is clear, in this request for a zoning change, that minimal
impact is occurring to the PI district. Further, the Fiscal Impact Analysis, which was discussed
in Section 3, states that the net POSITIVE fiscal impact to the City resulting from development
based on this zoning change will be over $800,000 per year, plus building permit fees and a one-
time School Impact Fee associated with any residential project that is proposed. In short, there is
more than an ample amount of land remaining to develop in accordance with the PI district,
while providing housing that will generate a very large positive fiscal impact to the City.

The April 22, 2021 letter also states, in part, that the previous variance request would result in
impacts “so severe and the community will not have had an opportunity to properly assess
them”. In response to this particular statement, we have had multiple neighborhood meetings, at
which, the concerns were traffic and school impact. The Fiscal Impact Analysis, contained in
Section 3, above, includes statistics on school impact, as well as impact to Police and Fire
Departments, among other things. Neither the Police nor Fire Department had any issue with an
additional residential development being constructed in the area shown to be re-zoned. In
addition, the School Superintendent stated very clearly that there would be no adverse impact to
the school system, including the Bicentennial School, which was the school of concern with the
neighborhood. In regard to traffic, included in this section, for reference, is a table prepared by
our traffic engineer, VHB, which clearly shows the reduction in traffic at peak hours into and out
of the site. For clarification, currently, traffic is more prevalent coming info the site in the
morning and /eaving the site in the afternoon. With the construction of apartment/townhouse
housing, in the morning peak hour there will be 215 LESS vehicle trips INTO the site and 30
vehicle trips EXITING the site compared to the previously proposed 240,000 sf Research and