/ Community Development 589-3095
City of Nashua Planning and Zoning 589-3090
. sone Building Safety 589-3080
Community Development Division Code Enforcement 589-3100
City Hall, 229 Main Street, PO Box 2019 Ce rans mission Bo-at08
Nashua, New Hampshire 03061-2019 Transportation 880-0100
www.nashuanh.gov FAX 589-3119
Date: January 15", 2021
To: Planning Board
From: Matt Sullivan, Planning Department Manager
Memorandum: R-21-109, Class VI Road Building Permit Request for Pennichuck Solar Array, Old Harris Road,
Tax Maps 52-(1, 7,14, 23, 24, 28, 39, 49, 61, 65, 81, 82, 85, 96, 97, 104, 118)
Board Members:
This memorandum is intended to provide background information related to the Pennichuck Solar Array
project on Old Harris Road and the request, via Resolution R-21-109, for approval of a building permit on a
Class VI Road pursuant to NH RSA 674:41.
The Nashua Planning Board approved the Pennichuck Solar Array Site Plan Review application on
November 5th, 2020. The approval was granted conditionally and included a stipulation requiring that the
applicant provide a letter documenting the status of the site’s exclusive access road, Old Harris Road. The
finding of that letter, attached and prepared by Attorney Nicolas Frasca, is that “Old Harris Road satisfies the
definition under the statute as a Class VI road for which the City would have no duty to maintain’. Further, it
does not appear that the road appears on any subdivision approved by the City of Nashua Planning Board.
New Hampshire RSA 674:41 states that no building permit shall be issued for projects on a Class VI
highway, unless:
1. The local governing body after review and comment by the planning board has voted to authorize the
issuance of building permits for the erection of buildings on said class VI highway or a portion thereof;
and
2. The municipality neither assumes responsibility for maintenance of said class VI highway nor liability for
any damages resulting from the use thereof; and
3. Prior to the issuance of a building permit, the applicant shall produce evidence that notice of the limits of
municipal responsibility and liability has been recorded in the county registry of deeds.
The proposed construction of the solar panels approved by the Planning Board requires a Building Permit
from the City of Nashua per NH RSA 155-A, the 2015 IBC Section 105.1 Permits Required, and City of
Nashua NRO’s 105-1,6,7,8 AND 190-264.
As a result, the building permit requires Board of Alderman approval, via Resolution, and comment via
referral of that Resolution, from the Planning Board. When considering the request, the Planning Board and
Board of Aldermen should primarily consider whether safe and suitable access can be ensured to the site
without expansion of City liability and/or encouraging scattered and premature development. Please note
that the proposed development is not expected to require any modifications to Old Harris Road and the
property owner recognizes that any such improvements would require additional approval.
If approved by the Board of Aldermen, the Owner will be required to sign and record an Agreement and
Release document (included within the Resolution document), which delineates several conditions, including
a 20’ road width maintenance requirement to ensure safe and suitable year-round access. This Agreement
and Release also releases the City from liability for maintenance of the road.
