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O-21-047

ORDINANCE

TEMPORARILY CHANGING THE DOWNTOWN IMPROVEMENTS
FUNDING PLAN

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

The City of Nashua ordains that Part I “General Legislation”, Chapter 320 “Vehicles
and Traffic”, Article XI “Parking Meters”, Section 320-43.1 “Funding for downtown
improvements” of the Nashua Revised Ordinances, as amended, be hereby further amended by
adding the new underlined language as follows:

Ҥ 320-43.1. Funding for downtown improvements.

A. Starting with the FY2013 budget, an amount equivalent to the sum of any parking
revenue received over and above $728,000 shall be appropriated annually in the
budget to be used for the purpose of improving the Downtown - | zoning district.
Uses of these funds shall include, but not be limited to, improvements to
infrastructure, beautification, and marketing-and promotion. The time frame for
the calculation of the amount shall be January 1 to December 31. Beginning in
2013, if at the end of the year the parking revenue shall fall below $1,128,000 or
exceed $1,378,000, the Board of Aldermen shall review the amount of $728,000
above, and adjust that amount as necessary.

B. Notwithstanding subsection A above, for the calendar year of 2021, and Fiscal
Year Budget 2022, an amount equivalent to the sum of parking revenue of
$100,000 shall be appropriated in the FY2022 budget for the purpose of
improving the Downtown-1 zoning district. In calendar year 2022. and Fiscal
Budget Year 2023, the funding shall resume as stated in subsection A, above.”

This ordinance shall become effective immediately upon passage.

ORDINANCE:

PURPOSE:

SPONSOR(S):

COMMITTEE

ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2021
O-21-047

Temporarily changing the downtown improvements funding
plan

Alderman-at-Large Ben Clemons

Budget Review Committee

The amount proposed to be appropriated via transfer into the

Downtown Improvement Committee Expendable Trust Fund for
FY 2022 is $100,000.

ANALYSIS

This legislation reduces the proposed annual funding for downtown improvements in the
FY2022 budget due to lost parking revenue during the COVID-19 pandemic. This funding plan
is not binding on any board of aldermen, and is subject to annual budget appropriations.

Approved as to form:

Office of Corporation Counsel

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Date: | telm mane Onn

O-21-048

ORDINANCE

AMENDING THE RESIDENTIAL DISTRICTS ORDINANCE WITH RESPECT
TO RESIDENTIAL DRIVEWAYS

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

The City of Nashua ordains that Part Il “General Legislation”, Chapter 190 “Land Use”,
Part 2 “Zoning Districts and Supplemental Use Regulations”, Article III “Base Districts”,
Section 190-17 “Residential Districts (R-40, R-30, R-18, R-9, R-A, R-B, R-C)” of the Nashua
Revised Ordinances, as amended, be and hereby is further amended by deleting the struck-
through language and adding the new underlined language as follows:

Ҥ 190-17. Residential Districts (R-40, R-30, R-18, R-9, R-A, R-B, R-C) and
Residential Uses.

Purpose: These districts implement the following Master Plan recommendations:

e Protect the character of existing neighborhoods through zoning regulation
and enforcement.

A. No application for development approval in the R-40, R-30, R-18, R-9, R-A, R-B,
R-C Zoning Districts or residential uses in other Districts shall be approved unless
the proposed use and/or development conforms to the requirements of this article
and a building permit is issued in accordance with Part 3. If subdivision and site
plan approval are required the proposed development shall comply with the
requirements of Parts 4 through 8.

B. Only one principal structure shall be permitted on a lot, except where otherwise
provided by this chapter.

C. All proposed uses shall comply with the-parking standards Avticle SCV and
sign regulations (Article X) regardless of whether a site plan is required,

D. Specific residential district criteria. The following standards apply to all
residential districts: All two-family dwellings (duplexes) shall be structures

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved
by the City of Nashua.

6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract shall
be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage prepaid,
and registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:

Tim Cummings Robin Bousa

Director of Economic Development Vanasse Hangen Brustlin Inc. (VHB)
City of Nashua 2 Bedford Farms Dr. Suite 200

Bedford, NH 03110

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be
given to and received by the addressee thereof on the third business day after being deposited in the mail.
The City of Nashua or Professional Engineer may change the address or representative by giving written
notice to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally
bound thereby.

City of Nashua, NH (signature) Vanasse Hangen Brustlin, Inc. (signature)
Tim Cummings, Dir. Econ. Dey. Robin Bousa, Managing Director
(Printed Name and Title) (Printed Name and Title)

Date Date

AG3 of 3

ORDINANCE O-21-048

consisting either of two separate dwelling units on separate floors or of two
separate dwelling units connected and separated by a common wall connecting
living spaces, perpendicular to the longest dimension of the structure, and having
a common length equal to at least: 4) 90% of the widest part of each structure
measured perpendicular to the longest dimension, if the longest dimensions are
parallel; or Gi) 90% of the widest part of one unit measured perpendicular to the
longest dimension, and 50% of the longest dimension of the other unit, if the
longest dimensions are perpendicular to each other.

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Driveways for residential uses shall be subject to the following provisions:

Driveways where they meet the public right of way and continuing to the
rear line of the front yard setback shall be no more than 24 feet in width.
Such width may be divided between two approaches to the right of way
but no more than two. “Width” shall be measured along a line generaily
perpendicular to the line of intended vehicular travel.

Driveways shall be located a minimum of 50 feet from an intersection.

Driveways crossing a sidewalk shall maintain and continue the sidewalk
width and cross slope (2% maximum). Sidewalk approaches shall be
reconstructed in kind as necessary to make smooth transitions to the
driveway crossing. Sidewalk width and grades at driveway crossings shall
comply with ADA standards,

Driveway throat length. Driveway throat length shall be measured from
the edge of the property line to the end of the driveway. The "end of the
driveway" means the point at which a lane or opening in the driveway
permits vehicles to enter or exit the driveway lanes. A minimum driveway
throat length of 25 feet shall be required. The purpose of the driveway
throat length is to allow for traffic entering the site to be stored on site in
order to avoid obstructing sidewalks or public ways.

Driveway approach angle. The angle of the driveway approach shall be
approximately 90° for two-way driveways and between 60° and 90° for

one-way driveways.

Driveways shail be paved within the right of way and constructed per
Division of Public Works standards, including permitting and inspection

requirements,”

This ordinance shall become effective immediately upon passage.

LEGISLATIVE YEAR 2021

ORDINANCE: O-21-048

PURPOSE: Amending the Residential Districts ordinance with respect to
residential driveways

SPONSOR(S): Mayor Jim Donchess
COMMITTEE Planning and Economic Development Committe
ASSIGNMENT: Nashua Planning Board
FISCAL NOTE: None.
ANALYSIS

This legislation amends the Residential Districts ordinance by adding language regarding
residential driveways. The Community Development Division has provided a memo that
explains the purpose of this proposed change.

State statute (RSA 675:2) and NRO Section 190-132 require a public hearing and referral to the
city planning board. The public hearing is conducted by the aldermanic planning and economic
development committee with notice published in a newspaper of general circulation and posted
in two public places at least ten calendar days prior to the date of the hearing, (Notice period
does not include the day notice is posted or the day of the public hearing. RSA 675:7,1.) A
favorable vote of two-thirds of all the members of the board of aldermen present and voting
would be required if a protest petition is filed pursuant to RSA 675:5. Under RSA 676:12 and
NRO Section 105-3, no building permit may be issued after the legal notice has been posted if
the proposed changes would, if adopted, justify refusal of the permit. This limitation applies for a
period of 120 days.

Approved as to form: Office of Corporation Counsel

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N 89° 44' 16" E a distance of 108.48 feet to a drill hole; thence

S 87° 50' 29" E by a stonewall and passing through a drill hole, a distance of 180.37 to point;
thence

S 55° 40' 21" Ea distance of 155.96 feet to point; thence

S 51° 17' 29" E adistance of 68.53 feet to the point at the northerly sideline of Groton Road as
laid out and realigned in 1937 by the State of New Hampshire plan S.A.Y 1937; thence

N 67° 37' 18” W by said sideline, a distance of 95.89 feet to point; thence

Northwesterly by said sideline and a curve to the left having a radius of 1,457.39 feet, a delta
angle of 22 ° 02’ 00” and an arc length of 560.45 feet to a point; thence

N 89° 39° 18” W by said sideline, a distance of 207.74 feet to a point, being N 82° 50’ 57” W
a distance of 1.81 feet from an iron pipe; thence

N 00° 20° 42” E a distance of 3.99 feet to the point of beginning.
Containing an area of 0.329 acres or 14,329 sf more or less.
Discontinuance Area ‘B’

Discontinunace Area ‘B’ consitututes those portions of the public right-of-way laid out
by the Selectmen of Nashua on November 24, 1847 that are situated within the boundaries of
land situated in said Nashua, known as Map ‘D’, Lot 23. Any portions of the public right-of-way
laid out by the Selectmen of Nashua on November 24, 1847 that are either (i) within the existing
1937 layout (realignment) of Groton Road, or (ii) not within the boundaries of Map ‘D’, Lot 23,
are specifically excluded from Discontinuance Area ‘B’.

The metes and bounds of the entirety of the public right-of-way laid out by the Selectmen
of Nashua on November 24, 1847 (which includes Discontinuance Area ‘B’), is as follows:

Beginning ata___ near the southwest corner of the School-house in District No. 7 in said
Nashua, thence westerly 182 %4°, 200 feet to a stake in the ground, thence westerly 163° 96 feet
to a stake in the ground, thence westerly 179° 455 feet to a stake in the ground, thence westerly
176° 226 feet to a stake in the ground, thence westerly 176 *4° 402 feet to a stake in the ground,
thence westerly 163° 778 feet to an oak tree at a lane running to Peter Terrell’s house, the line
above described is at the north side of said Highway running through Peter Terrells land, and the
highway is three rods wide.

The only portion of the public right-of-way described in the previous paragraph that is
being discontinued is Discontinuance Area ‘B’.

City of Nashua Resolution R-21-147, “Authorizing the Conveyance of Discontinued Portions of
(Old) Groton Road” which authorizes the Mayor’s signature on this deed, was passed by the
Board of Aldermen on , 2021.

R-21-154

RESOLUTION

APPROVING THE USE OF ADDITIONAL U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS
BY HABITAT FOR HUMANITY FOR 10 PAXTON TERRACE

CITY OF NASHUA

In the Year Two Thousand Twenty One

WHEREAS, R-20-005 authorized the allocation of HOME funds to Habitat for
Humanity to develop two Veteran owned housing units at 10 Paxton Terrace; and

WHEREAS, Habitat for Humanity has requested an additional $14,500 toward the total
$50,882 of the increased cost of materials, bringing the new total HOME investment to $414,500
(62%) of the $672,256 total development cost.

NOW THEREFORE BE IT RESOLVED by the Board of Aldermen of the City of
Nashua that the City of Nashua approves the allocation of funds in the amount of up to $14,500
from the City’s HOME Program, Affordable Housing Development line items for the purpose
described above; and

BE IT FURTHER RESOLVED that the Mayor is authorized to execute all necessary
understandings, assurances and agreements pursuant to this project.

SUNSHINE PAVING CORPORATION
29 CONSTITUTION DRIVE
HUDSON, NH 03051
(603) 886-5400

City of Nashua — Project Awards in the past 5 year

Project Name: 2021 Residential Roadways Paving Program

Scope of Work: Machine Paving, Hand Paving. Joint Adhesive, Cold Planing, Milling of Transitions
Reclamation, Excavation, Gravel Installation, Grading, Structures, Drainage, (leeching Basins, Catch
Basins and Pipe Installation), Granite and Bituminous Curbing, Traffic Loops, Traffic Maintenance,
Loam & Seed, Temporary and Thermoplastic Striping.

Contract Amount: $4,585,195.00

City Project Lead: Mark Saunders, saundersm@nashuanh.gov, (603) 589-3120

Project Name: 2021 Paving Program — Arterial and Collector Roadways

Scope of Work: Machine Paving, Hand Paving. Joint Adhesive, Cold Planing, Milling of Transitions
Reclamation, Excavation, Gravel Installation, Grading, Structures, Drainage, (leeching Basins, Catch
Basins and Pipe Installation), Granite and Bituminous Curbing, Traffic Loops, Traffic Maintenance,
Loam & Seed, Temporary and Thermoplastic Striping.

Contract Amount: $4,191,007.50

City Project Lead: Mark Saunders, , saundersm@nashuanh.gov, (603) 589-3120

Project Name: 2020 Paving Program Contract #1

Scope of Work: Machine Paving, Hand Paving. Joint Adhesive, Cold Planing, Milling of Transitions
Reclamation, Excavation, Gravel Installation, Grading, Structures, Drainage, (leeching Basins, Catch
Basins and Pipe Installation), Granite and Bituminous Curbing, Traffic Loops, Traffic Maintenance,
Loam & Seed, Temporary and Thermoplastic Striping.

Contract Amount: $4,014,750.00

Complete Date: December 15, 2021

City Project Lead: Mark Saunders, saundersm@nashuanh.gov, (603) 589-3120

Project Name: 2020 Paving Program Contract #2

Scope of Work: Machine Paving, Hand Paving. Joint Adhesive, Cold Planing, Milling of Transitions
Reclamation, Excavation, Gravel Installation, Grading, Structures, Drainage, (leeching Basins, Catch
Basins and Pipe Installation), Granite and Bituminous Curbing, Traffic Loops, Traffic Maintenance,
Loam & Seed, Temporary and Thermoplastic Striping.

Contract Amount: $4,262.733.75

Complete Date: December 15, 2021

City Project Lead: Mark Saunders, Saundersm@nashuanh.gov, (603) 589-3120

EGISLATIVE YEAR 2021

RESOLUTION: R-21-154
PURPOSE: Approving the use of additional U.S. Department of Housing

and Urban Development Home Investment Partnership
Program Funds by Habitat for Humanity for 10 Paxton

Terrace
SPONSOR(S): Mayor Jim Donchess
COMMITTEE
ASSIGNMENT: Human Affairs Committee
FISCAL NOTE: No fiscal impact; all federal grant funds.

ANALYSIS

This legislation approves the use of additional HOME Investment Partnership Program for a
previously approved eligible affordable housing development project as described. HOME funds
stack from year to year and are allocated generally using oldest funds first.

Approved as to account Financial Services Division
number and/or structure, and
amount; eres

By: /s/John Griffin
Approved as to form: Office of Corporation Counsel

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Date: Qu Pant Ono