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NEW BUSINESS — ORDINANCES
O-18-009

Endorser: Alderman-at-Large Brian S. McCarthy
PROHIBITING PARKING ON A PORTION OF THE SOUTH SIDE OF PROSPECT STREET

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 Brian S. McCarthy

Nashua, NH 03061-2019 President, Board of Aldermen
(603) 589-3030

March 12, 2018

Patricia D. Piecuch, City Clerk
City of Nashua

229 Main Street

Nashua, NH 03061-2019

Dear Ms. Piecuch:

Please be advised | am hereby calling a Special Meeting of the Board of Aldermen for Wednesday,
March 14, 2018, at 7:30 p.m. in the Aldermanic Chambers. The purpose of the meeting is to consider
the business which appeared on the agenda for the March 13, 2018 meeting, which was cancelled due
to the impending inclement weather.

Thank you.

Sincerely,

Brian McCarthy, President

cc: Mayor Jim Donchess
Steven A. Bolton, Corporation Counsel

City of Nashua
Department of Building Safety

Community Development Division
City Hall, 229 Main Street, PO Box 2019

Nashua, New Hampshire 03061-2019 INTERNATIONAL
Tel: 603.589.3080 e Fax: 603.589.3119 CRE CUERAE
MEMORANDUM
TO: Sarah Marchant, Director

FROM: William McKinney, Building Department Manager
DATE: February 23, 2018
RE: Request to apply permit fees paid prior

The Department of Building Safety has received a request from Etchstone Properties, Inc
to re-issue the Land Use and Building permit for a single 64-unit condominium building to
be constructed at #2 Henry David Drive in Nashua and to apply permit fees paid in March
2006 in the amount of $15,236.38 towards the re-issued permit.

The fees requested to be applied are:

Address Date Bidg Elec Plumb Mech Fire Plan School
Permit Permit Fee | Permit Permit Permit Review Impact Fee
Issued Fee Fee Fee Fee

2-4 Henry 03/02/2006 | $15,236.38 $0.00 $0.00 $0.00 $0.00 $0.00

David Dr.

#2

Total Amount $15,236.38 $0.00 $0.00 $0.00 $0.00 $0.00

Paid 2006

The prior Land Use and Building permit for this address was issued but has since expired.
In accordance with the building code, permits issued by the Department of Building Safety
are valid for 180 days and expire if work does not commence or inspections are not
conducted within that 180 day period and continue. Extensions may be granted by the
Building Official if requested by the applicant.

In accordance with Chapter 105 Building Construction, Article VI Fees, Subsection 105-21
Permits and fees (A)(1) a refund of permit fees may be requested for discontinued or
abandoned projects however, no refund was requested by the applicant when the project
became dormant.

Due to the length of time that has passed, 12 years, and that the permits expired in
December of 2006 it is my position that the request to apply the prior fees to the newly
applied for permit would equate to a permit fee waiver request in 2018.

In accordance with Nashua City Ordinance Chapter 105 Building Construction, Article VI
Fees, Subsection 105-21 Permits and fees (B) the ability to waive fees is granted and
intentionally restricted to the Board of Aldermen.

§ 105-21 Permits and fees.

[Amended 9-9-2002 by Ord. No. O-02-74; 7-8-2003 by Ord. No. O-03-184; 5-24-
2004 by Ord. No. 0-04-13; 9-13-2005 by Ord. No. O-05-109; 8-14-2007 by Ord. No.
O-07-106]

A.

A permit shall not be valid until the prescribed fees have been paid and the permit
issued. No permit to begin work for new construction, alteration, removal, demolition
or other building operation shall be issued until the fees prescribed in this section
have been paid to the Department of Building Safety, nor shall an amendment to a
permit necessitating an additional fee because of an increase in the estimated cost
or scope of work involved be approved until the additional fee has been paid.

(1)

Where a permit has either been revoked or a project discontinued or abandoned
within six months of the issuance of such permit, such permit may be returned to
the Building Official for cancellation. One-half of the permit fee shall be refunded by
the City Treasurer on certificate of the Building Official, except all penalties that may
have been imposed on the permit held under the requirements of this chapter shall
first be collected. If a project is abandoned without notice being made to the Code
Official before a six-month interval has elapsed since the date such permit was
issued, no refund shall be made. Residential or nonresidential use shall be in
accordance with the intent of the Building Code of the City of Nashua, New
Hampshire.[1]

{1]

Editor's Note: See Art. Il of this chapter.

(2)

The fees for permits shall be charged as follows: The total amount of the permit
shall be rounded to the nearest dollar (drop the total amount due under $0.50 and
increase the total amount due from $0.50 to $0.99 to the next whole dollar).

B.

The Board of Aldermen may, at its option, waive or reimburse, as the case may be,
payment of fees payable under this section, in whole or in part, to the extent of the
value of municipal public improvements and/or land dedication which an applicant
obligates itself to make over and above impact fees and the applicant’s fair share of
off-site improvements imposed as a condition of site plan or subdivision approval.

This waiver of fees request is strictly related to the Land Use and Building Permit fee that
at this time, due to the foundation being installed and inspected prior is now $14,551.00.
This fee waiver request will not include any additional fees associated with Fire Plan
Review, Electrical Permit, Plumbing Permit, Mechanical Permit or School Impact Fees that
were not collected prior.

Respectfully,

Cle ORDA

William A. McKinney
Building Official/Manager
Department of Building Safety

ARTICLE 18— MISCELLANEOUS PROVISIONS

1. Neither party to the Contract shall assign the Contract as a whole without written consent of
the other.

2. Tests, inspections and approvals of portions of the Work required by the Contract Documents
or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction
shall be made at an appropriate time.

3. If additional testing is required, the CONTRACTOR shall perform these tests.

4. The OWNER shall pay for tests except for testing Work found to be defective for which the
CONTRACTOR shall pay.

OWNER (signature) CONTRACTOR (signature)

James Donchess, Mayor

(Printed Name and Title) (Printed Name and Title)

Date

Date

AG-12

February 8, 2018

Mr. William McKinney
Building Official/Manager
Department of Building Safety
City of Nashua

Nashua, NH 03061

RE: Walden Woods — Building 2
2-4 Henry David Drive, Nashua, NH

Dear Mr. McKinney,

Please find this letter as our formal request for consideration of reassignment of prepaid fees
for permits issued related to Walden Woods — Building 2 at Walden Woods Condominium in accordance
with the City of Nashua Revised Ordinances Chapter 105: Building Construction, Article VI: Fees, Section
105-21 Permits and Fees. B.

On March 27, 2007, a Building Permit was issued for Walden Woods - Building 2 to White
Family Ventures, LLC for the construction of a 64 unit building and related improvements for those 55
and older. This was and is the second and final phase of the project. The fee associated with this permit
totaling $15,236.38 was paid on March 6, 2006.

As most in the industry and beyond know, the financial collapse nationwide that took place in
late 2007 crippled residential homebuilding and especially condominium projects. The result of those
conditions greatly impacted this project. After the site work (including utility installation), foundation,
steel erection and first floor slab were completed, construction was forced to halt. Approximately 10
years later, in October 2017 we purchased among other things, the existing improvements to Building 2
and all of White Family Ventures, LLC’s development rights and approvals, which included all related
permits, associated with this project.

The point of this history is to help frame the basis for our request. Because of the economic
downturn White Family Ventures, LLC was forced to suspend the completion of the project, thus causing
the building permit to expire. A refund of these fees was not requested by White Family Ventures, LLC
as their intention was to weather the financial storm and move in the direction of sale of the project.
Upon review of Chapter 105: Building Construction, Article VI: Fees, Section 105-21 Permits and Fees,
where consideration is given to cases such as this, there is no distinction between an original applicant
or successor applicant with regard to consideration of a fee waiver request. We have made our
application for re-issuance of the building permit and understand that the associated permit fee is
$14,551,

—— ——..

= — ph: 603-889-5208

179 Amherst Street fx: 603-889-2380

Nashua, NH 03064 www.etchstoneproperties.com

. arn ER RARE Sg ES
PEE ASPET NN SEE TT MSS as

We fully understand that your staff has spent time reviewing applications, plans and provided
administrative support. We would respectfully ask that you consider the costs of those services provided
and request that you allocate the balance of what was paid in 2006 and apply it toward the costs of re-
permitting the project.

Thank you for your consideration,

ETCHSTONE PROPERTIES, INC.

Pe <>
on } ) AGL
David J. Petropulos, CPA

Director of Business and Finance

J
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I ee

o a . a Hy 9
Building Project Fees, Payments and Receipts Commercial? |No
Project # 2006-00076 Received By: SANDRA BASTIEN Recdon: 01/17/2006
Prop. Acct. # 50488 Status: Expired Sheet: 0000C
Address: 2-4HENRY DAVID DR Zone: Lot: 02914Q
Specific Location: WALDEN WOODS BUILDING #2 Site/Sub Pian: NR 2021 Use Group: R-2
Owner(s): WHITE FAMILY VENTURES LLC
acieenssss 2
Entered By [SANDRA BASTIEN ii 01/17/2006 |
Related Permit# Type Amount Receipt # Fee Date
2006-00076- Filing Fee (Building Permit) $ 25.00 01/17/2006
2006-000 76- Filing Fee (Building Permit) $ 25.00 01/17/2006
2006-00076- Permit Fee (Building) $ 12,169.10 01/17/2006
2006-00076- Landuse: Commercial ($300 or 25% of Building Fee |$ 3,042.28 03/02/2006

PROJECT PAYMENTS

Total: Building Fees Paid

savnce: ES

Entered By |MARCIA WILKINS _

=| PRE |

/ . Permit From Void Fig
Type Amount Project # Suffix Receipt# | _—=— Check # Payment Date Account?
Check $ 3,042.28 2006-00076 CD200600799 17845 03/06/2006 [|
Check $ 3,042.28 2006-00076 CD200600799 ~—«| 17845 03/06/2006 ~—«||No
Check $12,194.10 | 2006-00076 CD200600800 17845 03/06/2006 No
tt a
Total: & 6

Account |82.1.500 42548-LandUse |/LandUse Application ==
Contractor |HOMES BY PARADISE, INC.
Void Description |

J

|

| Paid by [HOMES BY PARADISE, INC.

|

City of Nashua, New Hampshire

Date: Monday, March 06, 2006 Receipt # CD200600799

Received By: MARCIA WILKINS Amount: $ 3,042.28

$ Three Thousand Forty Two Dollars And 28 Cents

Check# 1784
Paid With: Check “° a

Paid By HOMES BY PARADISE, INC. Sign:

Teese nels i a

Building Project Fees, Payments and Receipts Commercial?

Project# 2017-03643 Received By: MARK COLLINS Recdon: 12/21/2017
Prop. Acct. # 50488 Status: Pending Sheet: 0000C
Address: 2-4 HENRY DAVID DR Zone: RC Lot: 02914
Specific Location: 2HENRY DAVID DR Site/Sub Plan: Use Group: R-2

Owner(s): ETCHSTONE PROPERTIES, INC

71

Entered By MARK COLLINS _|i9227/2017,
Related Permit# Type Amount Receipt # Fee Date
2017-03643- Filing Fee (Building Permit) $ 25.00 12/27/2017
2017-03643- Filing Fee (Building Permit) $ 25.00 12/27/2017
2017-03643- Permit Fee (Building) $ 11,141.00 12/27/2017
- - Fire Plan Review $ 600.00 12/27/2017
201 7-03643- Landuse: Commercial ($300 or 25% of Building Fee |$ 2,785.00 01/29/2018

Total: EXZESIRUMEEE Building Fees Paid [7]
| | BALANCE: ESI

PROJECT PAYMENTS
Entered By | : z et
. Permit From Void Fig
Type Amount Project # Suffix Receipt# | Check # Payment Date Account?

Total:

Account tee) —— = IE 2 Ey

Contractor | | Paid by [ ee OO

Void Description | |