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Amendments Made in Committee
PEDC Meeting of 1/3/17

O-16-020

ORDINANCE

CLARIFYING AND UPDATING THE ELDERLY HOUSING SUPPLEMENTAL USE

REGULATIONS AND RELATED PROVISIONS

CITY OF NASHUA

In the Year Two Thousand and SeventeenSixtee#

The City of Nashua ordains that Part II "General Legislation Chapter 190 "Land Use", Part 2
"Zoning Districts and Supplemental Use Regulations", Article VI "Supplemental Use
Regulations", Section 190-42 "Elderly housing" of the Nashua Revised Ordinances as amended
be hereby further amended by adding the new underlined language and deleting the struck-
through language-as follows:

"§ 190-42. Eldery-housine, Housing for Older Persons.

Purpose: To recognize that housing for older persons provides for the diverse and special needs
of this group, including the needs for meeting/function rooms and recreational facilities, and
attempt to foster development of housing alternatives for older persons with the basic supportive
facilities and services.

The development of housing for older persons may allow residents the
opportunity to enjoy the rights and privileges of ownership and maintenance of
private property within the City of Nashua.

It is a community goal to promote development of housing for older persons that
provides facilities and service offerings typically demanded by this group, and it
is also a goal to promote proximity of such development to support services
(shopping, medical services, transportation, etc.) necessary to meet the needs of
these residents.

Housing developed in this section must be established and maintained in
compliance with all applicable state and federal laws with respect to such
housing and/ medical care, including the Fair Housing Act, as amended, 42
USC$§ 3601 et seg., NHRSA 354-A: 15-exd-the AA Cede of Adinistrative Rites,
Hh sOlletsege

Pursuant to RSA 354-A:15, I and Ill, it is recognized that prohibitions against
housing discrimination do not apply to housing for older persons, which conforms
to all applicable rules and regulations.

ORDINANCE O-16-xxx

The intent is to foster development of housing for older persons while detailing
local planning standards and promoting consistency with land use policies in the
Master Plan and the land us laws and regulations.

The intent is to regulate the intensity and mix of the different types of dwelling
units required to meet the needs of these citizens so as to provide ample outdoor
and livable space and to retain a sense of personal identity intimacy, and human
scale within the development.

The intent is to review the bulk, height, and spacing of buildings, and the traffic
circulation and parking pattern within the development to ensure that the
adequate light, air, privacy landscaping, and open space for passive and active
recreation are provided with the development.

The City of Nashua finds, determines and declares that:

There is a recognized need within the City for suitable and appropriate housing
for older persons.

Older persons are exclusively people age 35 and older.

According to Demographic Element of the Mas Plan the number and proportion
of persons 55 years or older will increase significantly during the next several
decades, thereby creating an increased demand for elderly housing.

Housing for older persons can be developed to provide housing opportunities for
this group and at the same time not detract from the low-density settlement
patterns defined by significant open space and a rural community character
described in the Master Plan.

It is recognized that exclusive zoning for persons 35 or older promotes the
general health and welfare.

This section implements the following Master Plan recommendation:

Due to the like increase in demand for elderly housing, both for independent
living and managed care facilities, it is recommended that the Zoning Ordinance
be examined and revised, if necessary, to ensure that adequate opportunities to
develop elderly housing are available. This is especially important given the
projected increase in the senior population over the next 10 to 20 years.

A, Applicability.

qd)

For purposes of this section, "elders—heusinchousing for older person"
means an3—ofthe-housing cateseries-and supportive -sericetaciities
described inSubsection AP) belewthat complies with the provisions
of RSA 354-A:15 (Housing for Older Persons).

ORDINANCE O-16-xxx

Board of Aldermen Page 9
June 14, 2016

only ten days to get things done and they don’t have the money then they are going to have fine after
fine. Our grant programs that we have had over the years do take care of some of the necessary, you
know if somebody needs a roof and they don’t need the money or other things. All | am saying to you as
a Board is to have more than ten days. It takes five to seven days to get a permit if we are supposed to
do everything the right way which like water tanks you have to a permit on now. Even code enforcement
for Section 8 gives thirty days to fix things. I’m not saying all issues should be thirty days but to be
reasonable it should be in the writing to give some landlord’s thirty days to fix small items because if you
add $50.00 for every item, it adds up. | understand the Board wanting to make Nashua great again or on
People Magazine but the reality is that we just came out of a really bad recession and tenants cannot
afford extra rent. I’ve had Aldermen come to me and say people can’t afford the rents that they are
paying now which $600 - $800 per month. These kinds of fees will increase because the owners can’t
do it between the taxes, the water bill, sewer bill and insurance and mortgages. | mean some of you
maybe own your house and you don’t have a mortgage but there are mortgages out there for these
people to cover and | am not saying that we should give a handout to landlord’s but they are also
taxpayers in this city. They deserve some rights and | think it would be better to table this Bill and go
back to the committee and let’s work on it together. None of us landlord’s; we are all against this not
because we are bad landlord’s but we are wanting to have it in writing. We need warnings and a longer
time table to fix things; ten days is not acceptable. Even if you call a plumber right now, they are three
weeks out to even come and look at something. All | am saying is that you are basically giving fees to us
that we; | mean we are going to have fines because we can’t get plumbers or electricians there. If it’s in
the books and it says you have ten days and you can’t do it, what do you do, you are going to get a fine.
All | am saying is we need to have a more reasonable time period; thirty days is not unreasonable. It
doesn’t have to be a Board that says this landlord and this code enforcement person is not evenly
workable, even if they had one person, one Alderman and one code enforcement person working
together to say let’s give them a little more time, that’s all we are asking for. We want the respect and we
deserve the respect. These people pay their taxes and take care of their buildings for some of them for
thirty or forty years. All | am saying is if you are going to vote on something send it back and ask it to be
talked to in a discussion with the landlord’s too. None of us are bad landlords and most of the rents are
under $1,000. If we are having fees and everything else they are not going to be able to afford it, they
are going to raise the rents. The city wants better housing for these tenants but we have to work
together, this isn’t a one check all answer to this situation. The rooming house is a whole different
ballgame. That’s a whole thing with health and the Fire Marshall. That’s not code really because they
don’t deal with code. All | am saying is talk between each other and give us more time and let us talk,
and have a warning period in writing. We are asking for four things that are not unreasonable and | am
asking you to really consider our needs right now. Not just the needs of the tenants because the tenants
do deserve a clean place to live and I’m not taking that away from them. Most of the landlord’s | know;
89% to 95% are really good landlord’s. You might have a 5% margin. Maybe you have taken ten
landlords to court and you are inflicting all of these fines against good landlords because you feel that it’s
necessary, necessary against whom, us or the bad landlords that are going to be bad landlords
anyways? If you do these fines | think what you are going to find is these landlords are going to see their
buildings and you are going to have new Massachusetts landlords or wherever they are coming from;
Portsmouth that don’t have the same effort in keeping their buildings good. Most of these landlords live
here or they live in Hudson or Merrimack. They are not from out of state, they are local and they care
about their properties just like all of you Aldermen care about your properties. All they are asking for is to
be respected and considered in this ordinance. Please send it back and let’s work together. Thank you.

Mr. Bob Dione, 447 Main Dunstable Road

| am not going to repeat except for three key items. Mayor, | am happy to hear that you are going to go
after the bad landlords with all your gusto because that’s what is really needed. You need to make sure
that the tenants have a safe and healthy environment. How do you do that? | think there is a lot of merit
to what Peter, our spokesperson, the attorney, had brought up. It was taken in at the sub-committee
meeting and | believe it was presented to city council and then the ordinance came back virtually the

ORDINANCE

O-16-xxx

Where permitted.

(1) Housing for older persons Eldersheusinethat contains duplex or
multifamily dwellings is permitted as of right in the D-1, D-3, R-A, R-B
or R-C and R-9 Zoning Districts_and by Conditional Use Permits in the
GB and HB Zoning Districts subject to the requirements of this section.
Housing for older personsElerh-housine-in the form of single-
family detached dwellings are permitted in the R-40, R-30, R-18, R-9, R-
A and R-B and R-C Zoning Districts.

(2) The provisions of this division shall apply only to applications
consisting of dwelling units of less than 1,000 square feet each.

fAdted 2-23-2004 s+ Orck Noe O-06-S21

(3) — The provisions of this division shall apply only to projects consisting of
more than 30 units in the case of new development, and more than 10
units in the case of redevelopment of sites containing or most recently
containing non-residental uses which have not received a site or
subdivision plan approval in the previous five years.

(4) ~~ Any project approved under the provisions of this division shall include
common area of not less than 2 5 45 square feet per dwelling unit and
shall include space which is devoted to providing common services for
residents.

Added 2-27-200-Hbs+Ord. Blo-$-06-S21

5 Houisng for older persons developments may contain more than one

principal structure on a lot.

C.

Standards. Applications subject to this section shall conform to the following

standards:

~

Formatted: Indent: Left: 0", First line: 0”

Formatted: Indent: Left: 0", First line: 0",
Tab stops: 0.5", Left + Not at 3.25" + 3.5"

J

|

ORDINANCE O-16-xxx

(1) Permits and phasing. The Planning Board shall approve a site plan if it
complies with the standards established below. A building permit shall
be obtained for each dwelling unit and each accessory use.

(2) Compliance. At the time an application is submitted to the Planning «-— |
Board for site approval for housing for older persons, the applicant

Formatted: Indent: Left: 0.5", Hanging: 0.5",
Tab stops: 1”, Left

shall demonstrate how the proposed development will comply with
the applicable provisions of this Section 190-42, RSA 354-A:15
and all applicable rules and regulations established by the New
Hampshire Human Rights Commission, for age discrimination in

housing, if any. |

Formatted: Expanded by 1.95 pt, Not Raised
by / Lowered by

“In order to qualify as housing for person 55 years or older under RSA |
354-A:15. IV and obtain the density allowance set forth in Table 42-2 ~

Formatted: List Paragraph, No bullets or
numbering, Tab stops: Not at 1"

below, the proposed development shall provide (directly or indirectly)
significant facilities and services to the extent required in Section 190-

numbering, Tab stops: 1", Left + Not at 3.25"

Formatted: Indent: Left: 1", No bullets or
+ 3,5"

42(C)(3) below. Such significant facilities and services include, but are

not limited to, the following:”

(a) Programs designed to provide a social life for residents:

(b) Continuing education programs of interest to residents:

(c) Information and counseling services:
(d) Recreational programs:

(e) Homemaker services:

(f) Services designed to assist residents with the maintenance

and upkeep of building and grounds:

(zg) An accessible physical environment,

(h) Emergency and preventive health care programs:

@ Congregate dining facilities:
@ Transportation to facilitate access to social services:

(k) Referral services; and

an) Services design to encourage and assist residents to use the

services and facilities available to them.

Formatted: No bullets or numbering, Tab
stops: 1", Left + Not at 3.25" + 3.5"

ORDINANCE O-16-xxx

AB GB) If significant facilities and services are so required (for housing for oo

«~~~ Formatted: Indent: Left: 1", No bullets or
numbering, Tab stops: 1", Left + Not at 3.25"
+ 3,5"

«~~! Formatted: No bullets or numbering, Tab
stops: 0.5", Left + Not at 3.25" + 3,5"

persons 55 years or older), then the governing body of the particular | Formatted: Indent: Left: 0", Hanging: 1", "

. bullets or numbering, Tab stops: 0.5", Left +
housing for persons 55 years or older community (e.g. a homeowners’ 4 P

Not at 3.25" + 3.5"
association), directly or indirectly, shall provide at least half of the

facilities and services itemized above, or such other qualifying significant
facilities and services as approved by the Planning Board. , __--{ Formatted: Not Expanded by / Condensed by]

(4)G@} Dwelling unit density. The proposed development shall conform to the

density established in Table 42-2 below. A density bonus may also be
granted for proposed developments that also conform to § 190-48
(inclusionary zoning).

Amended 2-27-2007 55-Ord, Be$-06-S2}

Table 42-2
Elderly Housing Density
Dwelling Units Per Acre __--{ Formatted: Font: Bold }
Zoning District Single-family Duplex ox Multifamily — | Formatted: Tab stops: 1.63", Left + 3.31",
Ghyvellineunie-persnere} e

R-40 2 0 O- — | Formatted: Tab stops: 3.56", Left + 5.13",
R-30 3 0 o- Left
R-18 5 0 0-
R-9 6 8 8—
R-A 8 8 8
R-B 8 8 12

ORDINANCE O-16-xxx

R-C

D-1, D-3

HB
GB

G+)

(65)

7

(85)

4020 Left

12

1220 -— | Formatted: Tab stops: 3.56", Left + 5.13",

SIO lo |e
0 100 IS 100

Left

Pedestrian traffic. The use of interconnecting walkways, trails and natural
walking paths shall be an integral part of the design of any development to
facilitate access between common area, groups of dwelling units and open
space areas. Easements shall be requested where trails or potential trails
on abutting lands may allow for a local connection. Appropriate timing
and restrictions may apply. Primary walkways and sidewalks shall meet
Americans with Disabilities Act (ADA) requirements. Trails and natural
walking paths are exempt from this requirement, but the Board
encourages Maximizing accessibility to residents.

Building design. Architectural renderings of a typical unit and all
accessory buildings shall be provided which the Planning Board will
evaluate in accordance with the site plan regulations to confirm that
proposed development is an appropriate massing and_ scale of building,
in accordance with the underlying Zoning District, and will not
materially adversely affect abutting properties’ access to adequate
licht. and in ieht of 4 Jorkyi : listrictt]

neiehberhese:

0 0 > 5 to q q s

Other Site Conditions. In reviewing an application for subdivision or site
plan approval for a proposed housing for older person development, the
Planning Board shall also take into consideration the nature of the subject
property, including its geographic and topographic conditions, and the
proposed development’s impact on the topography, slopes, wetlands, view
sheds and surrounding neighborhood to avoid any material adverse

impacts thereto.

Safety issues. The following requirements may be amended at the
discretion of the Planning Board prior to final approval:

(a) Each unit shall have address numbering of contrasting color to the
structure, a minimum of six inches in size, and visible from the
street and/or driveway.

(b) ‘Inthe case of shared driveways, a permanent marker (preferably
granite) shall be visible from the street and shall depict by
diagram, the location and the number of each dwelling unit.
Additional markers shall be placed at any split in the shared
portion shall be a minimum of 16 feet in width, a maximum grade
of 9%, designed to allow safe access and support the weight of

12 oo | Formatted: Tab stops: 3.56", Left + 5.13",

!

ORDINANCE O-16-xxx

emergency vehicle. Shared driveway designs are subject to Board
approval.

_-{ Formatted: Font: Not Bold

The City of Nashua further ordinances that Part Il “General Legislation”, Chapter 190+ — | Formatted: Tab stops: 0.5", Left + Not at
“Land Use”. Article III “Base Districts”, Section 190-15 “Permitted Uses”, Table 15-1 (Use 1.5"

Matrix) be amended as follows:

Delete #12 and #14

ef Formatted: Font: Not Bold

Amend #13 to read as follow: _-f Formatted: Font: Not Italic

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 Zoning District
Code
Use
3 | 3
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— sl) e) em) ele] ele ee OP aye] ela] et]
13. PJP JR JPR ITP YP Ie C\yP YR YC
Housing
for older
persons
(see 190-
42b)

This ordinance shall become effective at the time of passage.

AGENDA MEETING OF THE BOARD OF ALDERMEN JANUARY 10, 2017

10.

11.

12.

13.

14.

PRESIDENT BRIAN S. McCARTHY CALLS ASSEMBLY TO ORDER

PRAYER OFFERED BY CITY CLERK PATRICIA PIECUCH

PLEDGE TO THE FLAG LED BY ALDERWOMAN MARY ANN MELIZZI-GOLJA

ROLL CALL

REMARKS BY THE MAYOR

RESPONSE TO REMARKS OF THE MAYOR

RECOGNITIONS

READING OF MINUTES OF PREVIOUS MEETING AND PUBLIC HEARING

Board of AIGErmen..............:cccccccececeeeeeeereeeeeeeeeeeeeeecceeeeeeeeeeeecennreeeeeeeeeesnnnnteaeeeeereeteees 12/27/16
COMMUNICATIONS

PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE
ACTED UPON THIS EVENING

PETITIONS

NOMINATIONS, APPOINTMENTS AND ELECTIONS

Appointments by the Mayor

REPORTS OF COMMITTEE

Finance Committee. ........... cc ccceccceeceecceeeeencneeeeeeeeeeeeeeceeeeeeecncaeeeeeenieeeeeesneeeeeseeteetesees 12/21/16
WRITTEN REPORTS FROM LIAISONS

CONFIRMATION OF MAYOR'S APPOINTMENTS

UNFINISHED BUSINESS — RESOLUTIONS

R-16-084

Endorsers: Alderman David Schoneman
Alderman Richard A. Dowd
Alderwoman Mary Ann Melizzi-Golja
Alderman Don LeBrun
Alderman Tom Lopez
Alderman-at-Large Brian S. McCarthy

AUTHORIZING A TWENTY YEAR EXTENSION (FROM 2047 TO 2067) OF THE MASTER LEASE

TO THE NASHUA AIRPORT AUTHORITY

e Finance Committee Recommends: Final Passage as Amended

UNFINISHED BUSINESS — ORDINANCES