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NASHUA, NEW HAMPSHIRE

PREPARED FOR:

ETCHSTONE PROPERTIES, INC.

479 AMHERST STREET NASHUA, NEW HAMPSHIRE 03064 (603) 859-5208

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24 JANUARY 2OIS

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Civit Engineers/Land Surveyors

Three Coogress Street Neshue, New Hampshire 03062-3301

Tel (603) 8832057 Fax (603) 8825057
werw.ba yuerswaoson.com

FELD 00K: 1223 RAVING NAME: 2652-87—FA-PPAL 2632
DRAWING LOCATOR: Re \2632\DHG\2E57--ASB a KGa

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Winer & Bennett, LLP
Peter W. Bennett* Kent M. Barker
David K. Pinsonneault ATTORNEYS ATLAW Brian C. Kelly*
J. Bradford Westgate* Brenner G. Webb
Peter G. Webb www.winerbennett.com Barbara W. Halevi*

John M. Edwards*

S. Robert Winer (retired)
All Admitted in NH John V. Dwyer, Jr. (1946-2013)
* Admitted in NH and MA

September 24, 2018

HAND DELIVERED

Brian S. McCarthy, President
Board of Aldermen

City of Nashua

229 Main Street

Nashua, New Hampshire 03060

Re: The Springs, A 62+ Condominium Community (699 and 701 West Hollis Street)
Petition for Waiver of School Impact Fees

Dear Mr.. McCarthy:

I represent Springs One, LLC, the developer of The Springs, A 62+ Condominium
Community. The Springs, A 62+ Condominium Community is a housing for older persons (62
and older) condominium approved as such under the Nashua Land Use Code. It is currently in the
process of development. The Condominium will consist of 31 units in two-unit, three-unit, and
four-unit buildings.

Since The Springs, A 62+ Condominium Community is a housing for older persons
community, and all of the residents are required to be 62 years of age or older, Springs One, LLC
is petitioning the Board of Aldermen to waive the public schoo! impact fees.

Accordingly, kindly find enclosed the petition to the Board of Aldermen on behalf of
Springs One, LLC for a full waiver of the public school impact fees.

This petition is filed pursuant to Section 190-85 of the Nashua Land Use Code. We
understand that the Nashua City Planning Board and the appropriate Administrative Officer (of
the Community Development Division) will evaluate the petition and forward written findings and
recommendations to the Mayor and Board of Aldermen for consideration.

We look forward to the Board of Aldermen processing this petition and are happy to appear
at any meetings of the appropriate Aldermanic Committees or the full Board of Aldermen when
the petition is being considered.

September 24, 2018
Page 2

Thank you for your consideration.
“a —,
Very traly/yours,

J ( Po de —

/ “J. Bradford Westgate
é é jbwestzate(@winerbennett.com

eet

JBW/BWH
Enclosure
ce: Springs One, LLC (w/enc.) (via e-mail only)
Richard A. Dowd (w/enc.) (via e-mail only)
Patricia Piecuch, Nashua City Clerk (w/enc.) (hand delivered)
Roger L. Houston, Planning Department Director (w/enc.) (hand delivered)

CITY OF NASHUA
BOARD OF ALDERMEN

PETITION BY SPRINGS ONE, LLC FOR FULL WAIVER OF IMPACT FEES (FOR
PUBLIC FACILITIES FOR EDUCATION) AS AUTHORIZED UNDER SECTION 190-

85 OF THE LAND USE CODE

September 24, 2018

NOW COMES Springs One, LLC, a New Hampshire limited liability company, with an
address of 22 Brady Drive, Hudson, New Hampshire 03051 (the “Petitioner”), by and through its
attorneys, Winer and Bennett, LLP, of 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 (for public facilities for education) imposed by Article VIII of the
Land Use Code. In support of this Petition, Springs One, LLC (the Petitioner) states as follows:

1.

The Petitioner is a limited liability company, organized under the laws of the State
of New Hampshire, with an address of 22 Brady Drive, Hudson, New Hampshire
03051,

The Petitioner is the owner of certain real estate situated at 699 and 701 West
Hollis Street, Nashua, New Hampshire 03062, shown as Sheet F, Lot 59 on the
City of Nashua Assessor’s Maps (the “Premises”).

The Petitioner is currently constructing at the Premises a housing for older
persons community to be known as The Springs, A 62+ Condominium
Community, approvals for which have been granted by the Planning Board of the
City of Nashua and one or more state agencies (the “Community”’).

The Community will consist of thirty-one (31) dwelling units (each containing
999 square feet of habitable space), in duplex, triplex or quadruplex buildings,
and a community building.

The Community will be governed by state and federal laws and regulations
pertaining to so-called housing for older persons (age 62 and older), including, but
not limited to, RSA 354-A:15, II and Section 190-42 of the Land Use Code.

To qualify as housing for older persons 62 years of age or older under RSA 354-
A:15, II, such housing must be intended for, and solely occupied by, persons 62
years of age or older. Accordingly, school age children are prohibited from
residing in the Community.

A-1.. Department of. .-Rail Trail kighting., 2) 2°.”

Public Works

(Parks and Recreation) 165,000 165,000

The current lighting on the Rail Trail is in need of replacement. The new lighting would provide improved lighting and
visibility to the area with the update of LED fixtures. Overhead wiring is proposed due to other utilities in the ground.

“* Added at the May 23, 2016 Special Capital Improvements Committee Meeting

A-1._.. Fire Dept ' Municipal FireAlarm . 55,000 55,000

Nashua Fire Rescue maintains the 100 mill-amp system used for the transmission of coded Fire Alarm Boxes. This system
currently monitors/protects in excess of 1.6 billion dollars of assessed community real estate. The goal of this project is to create
an additional pathway to the north end of the city creating redundancies with the system as documented in the NFPA Standards

for Municipal Reporting.

A-2-. Departmentof ——_—Gentralirrigation

s:$ Public Works oa

(Parks and Recreation) 2420000 Ss 420,000

The installation of a central irrigation system would tie jn all of the department's 45 systems into control software that would allow
remote changes to the system. These changes would be based on current weather and soil moisture conditions and would help
conserve water. It is estimated to have a 5-7 year payback with reduced water usage. The system would also allow for single
person control in the field. This would reduce a two person crew down to one person. This would allow for the department to use
this saved manpower on other tasks or projects. This request has been listed in previous years

A-3.. -Department of | _ Ledge Stat Nashua’
>: Public Works Canal. HOCgSeS . ees
(Engineering) , oo 218,000 248,000

This request is to construct a crash rated barrier curb railing along Ledge Street in the vicinity of the stone retaining wall abutting
the Canal, replacing the chain link fence that exists today. The intent would be to improve vehicle safety while maintaining proper
pedestrian access. Presently, there is no protection, and vehicles veering off the retaining wall would land in a water hazard. On
October 11, 2009, a vehicle crashed into the fence and landed in the canal. This project would be similar to the safety
improvement made on the sidewalk and roadway at the Allds Street Bridge located near Spaulding Ave and would have a design

life of 20 years.

A-3. —_ FireDept _ All Facilities :
TPP a a ts” Deferred Maintenance’ 7-7 261,500 °° ~~. 264,500

Currently we are looking at several projects that have been put off due to funding priorities that continue to be
addressed. Although not any one of these projects will warrant our whole deferred maintenance budget, combined
they may. The Lake Street Station Logic System & Compressors for the HVAC system. Station 1 requires a
structural stability study of a 125 year old building that was not designed for today’s apparatus weights.
Replacement of the raided flooring in our dispatch center. Lake Street and East Hollis Street floor sealer protection
on the apparatus floors. Updating the Pine Hil! Road Station and replacing the roofs at Station 3 and 6.

18

7. The current rate of the impact fee for a 999 square foot residential unit in a duplex
or multifamily dwelling is $531.50 per unit.

8. As aresult, without an abatement, educational facilities impact fees totaling
$16,476.50 would be imposed on the thirty-one (31) units in The Springs, A 62+
Condominium Community. To date, none of the units at The Springs, A 62+
Condominium Community have been completed and no impact fees have yet
been assessed.

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

10. In light of the foregoing, in accordance with Section 190-85 of the Land Use
Code and based on the provisions of RSA 354-A:15, I, which prohibit any
persons younger than 62 years of age from residing at The Springs, A 62+
Condominium Community, it can be reasonably expected (in fact, it is certain)
that the thirty-one (31) units of housing for older persons at The Springs, A 62+
Condominium Community will not require additional public educational
facilities.

WHEREFORE, the Petitioner respectfully requests that pursuant to Section 190-85 of the
Land Use Code, the Board of Aldermen waive in full the impact fees imposable against the
Premises.

Respectfully Submitted,
Springs One, LLC

By its attorneys,

Winer and Bennett, LLP

KO he
BY: / 4 “

: J, /Bradford Westgate, Esquire
/ /®.O. Box 488
i a Nashua, New Hampshire 03061-0488
(603) 882-5157

ho

A regular meeting of the Board of Aldermen was held Tuesday, October 9, 2018, at 7:30 p.m. in the
Aldermanic Chamber.

President Brian S. McCarthy presided; City Clerk Patricia D. Piecuch recorded.

Prayer was offered by City Clerk Patricia D. Piecuch; Alderman-at-Large Lori Wilshire led in the Pledge
to the Flag.

The roll call was taken with 13 members of the Board of Aldermen present; Alderman Linda Harriott-
Gathright and Alderman-at-Large Brandon Michael Laws were recorded absent.

Mayor James W. Donchess and Corporation Counsel Steven A. Bolton were also in attendance.

REMARKS BY THE MAYOR

Mayor Donchess

So tonight we have the Red Sox playing the Yankees, so | will not filibuster as you have accused me of
doing in the past. | see that R-18-066 is going to be referred back to Committee; that | totally support,
sending that back to Committee.

In terms of things that | think are coming up very soon, | think we should try to at least take note of and
possibly attend. We do have the Downtown Art Walk both Saturday and Sunday of this weekend. That is a
great opportunity to see a lot of the artistic talent that we have in Nashua at the various studios around town.
| know that Alderman Gidge will be present probably throughout. It has been a great opportunity in the past
to get to know some of the artists, so | hope anybody who is interested can attend.

We also have the downtown Indoor Farmer’s Market starting on October 21 on Main Street at the former
Alex Building. We have quite a few vendors so that should go pretty well. Again, that is starting on the 21°.

The paving, as you have seen, is well underway. We are pushing to try to complete some of the big streets
before the end of the season. Concord Street has begun with the first coat and the second coat will be
soon. Kinsley Street, we are still working with the utilities to make sure all the utility work is done, before we
pave. There was a water main break tonight which has closed Kinsley Street, and | hope that doesn’t result
in any further delay. Public Works is promising me that they can get Kinsley Street done by early
November. So let’s keep our fingers crossed there.

Finally, Mr. President, | think at least one of our new appointees, maybe more is going to be sworn in
tonight. I’d like to thank everybody who is agreeing to serve and volunteering to serve on our various Boards
and Commissions. We really need your help; your involvement is very important, and everybody
appreciates it. So thank you very much.

In any event, that is all | have Mr. President.

RESPONSE TO REMARKS OF THE MAYOR - None

RECOGNITION PERIOD - None

READING MINUTES OF PREVIOUS MEETINGS

There being no objection, President McCarthy declared the minutes of the Board of Aldermen

meetings of September 25, 2018, and October 2, 2018, accepted, placed on file, and the readings
suspended.

Board of Aldermen 10-09-2018 Page 2

COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS

From: J. Bradford Westgate, Esquire
Re: The Springs, a 62+ Condominium Community (699 and 701 West Hollis Street)
Petition for Waiver of School Impact Fees

There being no objection, President McCarthy accepted the communication, placed it on file and
referred it to the Planning & Economic Development Committee, the Nashua City Planning Board,
and the Administrative Officer

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

Ed Gilbertson Yes Mr. Chairman, | am Ed Gilbertson of 121 Conant Road and | am going to be one of
the petitioners, one of the two petitioners, the other one is Mike Fournier here from 119 Conant Road
and we are petitioning for a discontinuance of the unnecessary right of way on Conant Road. It is for
119 and 121 Conant Road only. It’s a partial discontinuance, there are four properties shown on your
plot that you have. It is only for the two on the right side which have darker boundaries around them.
Those two properties join Katie Lane, so they are grouped together.

When the City discontinues its responsibilities for maintenance of that area, or liability of that area, it is
one clean break on the City’s responsibilities. That was a concern of Engineer Dookran, so we
complied with that. This is revision 6 of this plan and our surveyor has gotten together with the City
Surveyor and every comment that the City has had has been incorporated, added in, utilities all of that.
It has been reviewed by the City staff, legal and by the engineering staff for approval. It went to the
Planning Board and the Planning Board passed it and recommended approval. It went to the
Committee on Infrastructure and they recommended approval. The City Engineer endorsed it.

The City will benefit in a couple of ways. One is a minor amount of tax revenue but some tax revenue.
They release liability to the land, so we assume that. So the City no longer has liability there and the
maintenance responsibility like snow removal on sidewalks, we pick up that. So that’s some of the
areas where the City benefits.

| would just like to also say at the Committee on Infrastructure | mentioned this, but | think it is worth
mentioning again. We've ha a tremendous amount of help from the City staff. We knew nothing
coming into this, about how to do one of these petitions. So Alderman Jette guided us a bit on who to
contact and Engineer Dookran and City Surveyor Mark Jennings, they worked with our surveyor and
worked with us. They explained everything; they worked with us and we got all revisions. You can
really be proud of the quality of the engineering staff. | have worked with a lot of engineers and they are
really outstanding quality and you can be proud that they are on your City, | am. Any questions?

Patti Toupin My name is Patti Toupin, I’m from 123 Conant Road and | am speaking on regards of the

discontinuance of Conant Road. | oppose it, the discontinuance, but | am happy to share the reasons
when we get to that part, if that is ok.

President McCarthy
This is the last opportunity.
Ms. Toupin Is it, oh is this the opportunity to talk about it? May | give out some photos.

Alderwoman Melizzi-Golja You need to also speak into the mic. Ok thank you.

Board of Aldermen 10-09-2018 Page 3

Ms. Toupin My name is Patti Toupin from 123 Conant Road. Good evening. | am here with my
husband Dan, we reside at 123 Conant Road. We have lived there for 27 years. We love Nashua and
love our home. My husband and | have shared our personal story during prior committee meetings on
this topic. However for the benefit of the full Aldermen body, please allow me to share once more.

Why we did not join the petition for discontinuance, why we oppose it and our position based on
everything we have learned during this process. First, we frankly never felt the need to officially go
through this process. The portion of Conant Road moved in 2003 and has been like this for over 15
years now. We knew because of all the different utilities that exist on the properties, we would always
have a relationship with the City and didn’t feel that incurring a significant cost of surveying the land to
make it official would change anything. We now know differently.

Some pertinent background information; 27 years ago before the Maplewood and Katie Lane
Developments, the house that existed before we rundown and unoccupied during which time we
maintained the area from our driveway to the telephone pole, which then was a combination of land and
road by pruning the bushes and overgrowth, maintaining the land and plowing snow off the street to
allow safe delivery of the mail and our safe exit and entrance from and to our driveway.

In 2003 15 years ago Conant Road was move as part of the Maplewood Development which gave the
properties along Conant Road added frontage. The reason why we strongly oppose this
discontinuance is where the property line separating our property and 121 Conant Road has been
drawn. Based on the proposed plan, 121 Conant Road’s footprint, as they use it today would expand
and the footprint that we have cared for, as if it was our own, would shrink.

The property disputed is the land to the right of ours, next to our driveway approximately 24 feet by 65
feet. Both 123 and 121 Conant Road observed the telephone pole and sign as boundaries. We have
been maintaining the land as outlined in the pictures for over 15 uninterrupted years by mowing,
seeding, fertilizing, watering, plowing and the last 3 years maintaining a garden on it. There has never
been a time that we didn’t treat this land as our own.

During the same period, approximately 15 years, our neighbors observed the same property
separation, stopping the care of their land referencing both the telephone pole and sign as boundaries.
There was an overlap very early on, however though | don’t recall the exact conversation, | do
unequivocally remember the outcome where the telephone pole and sign would be recognized as
boundaries. This conversation occurred when the Gilbertsons were renting and never came up again
anytime after that.

We feel very strongly that the proposed property line, moving it only arm’s length from our driveway and
primary use to our home does not keep us whole. The personal living space that we’ve always had
would be diminished and | know that is not the City’s intent. We understand that this is the last stop
before final approval. We have learned a lot during this process. During the last meeting Alderman
O’Brien was more than generous allowing both sides ample discussion time. My husband and | felt that
the Committee absolutely understood the position, but the question ultimately asked of us of the
Committee was is there legal standing to support your position?

Based on what we have learned recently, we believe there is. My husband and | were always under
assumption that the land belonged to the City and because it belonged to the City you could not claim
adverse possession. What was confirmed today in an e-mail from Attorney Steve Bolton was generally
speaking and this quotation generally speaking the City does not own the property upon which the
streets, roads and sidewalks go over. Generally the City has an easement over the property and the
property is owned by the abutting land owners on each side to the center line, subject to the City’s
easement interest.

This is information that we just gathered through this process. So knowing that, we believe we have a
very strong case for adverse possession, dating back to 1991 when we bought our home, which takes
us way beyond the 20 years to establish the required statutory period. The time period for adverse

Board of Aldermen 10-09-2018 Page 4

possession does not reset itself based on new owners but the continued usage of land. If adverse
possession is successfully established, which we believe we have a compelling case, it would move the
boundary line where we believe it should lawfully be.

The pictures handed out show a few things; page one shows how the land in question, the yellow box
and our land 123 Conant Road, fits with one another given the configuration and maintenance use
history. We also believe it shows the maintenance of land by the variance and lawn color. Page two
shows the agreed upon boundary lines, the telephone pole and sign but also where the proposed
property line would be moved, the red dash line. As you can see, it is no more than arm’s length away
from our main entrance.

The trees 121 Conant Road planted, and grass maintenance all stop at the telephone as well: also the
prior owners of 121 Conant Road recognized these boundaries as well when they installed the sprinkler
system, or the sprinkler placement would be very different, and more sprinkler heads would have been
added to cover the 24 x 65-foot area. There is not one sprinkler head on that land in question. Page
three is the Conant Road before it was moved. You can see our driveway and where our mailbox was
prior to the move. Also more importantly, you can see the shrubbery that exists close to our driveway
and the dent that is cleared due to my husband’s upkeep. Page four, the house and property in 1991
that existed before the development; page five shows clearly the land gained and the forsythia and trim
bushes that entire area maintained by my husband.

Based on the testimony and clarification from the City Attorney Steve Bolton, we would be basing our
suit for adverse possession against the owners of 121 Conant Road. All we are respectfully asking is
that we table this final decision to the next meeting, not to complicate the issue, allowing us time to
obtain legal representation. We appreciate your time, thank you.

COMMUNICATIONS REQUIRING FINAL APPROVAL — None

PETITIONS

Petition for Street Discontinuance — Portion of Conant Road
e Committee on Infrastructure Recommends: Granting Petition with Proposed Amended Plan
e Also assigned to NCPB; Favorable Recommendation of Amended Plan - 9/13/2018

MOTION BY ALDERMAN O’BRIEN TO AMEND THE PETITION FOR STREET DISCONTINUANCE
BY REPLACING THE PROPOSED DISCONTINUANCE PLAN WITH THE AMENDED PLAN
SUBMITTED BY THE PETITIONERS

ON THE QUESTION

Alderman Gidge

Yes, | think we have been talking about this, as you can see there are two people over here who would
like the land. One couple has cared for it for 27 years, the other couple also says they have cared for it.
There are flower beds over there, it is part of a garden. They just can’t seem to come together and
divide it and | understand there is a precedent to do that, you can’t do that literally. Legally if the land is
given up by the City, the petitioners | believe because of where they live, and the land did come from
that house or that property before, they can get it.

Having said that, having watched this mess, the City doesn’t have to sell it. We don’t have to sell it, and
the fact of the matter is, or give it until some sort of an agreement is made. If you take a look at the
pictures you can see that | believe put a fence up, it’s four feet from their driveway.