Board of Aldermen — 3/21/17 Page 18
Alderman Cookson
How does this legislation benefit Attorney Westgate and his client over and beyond what the current legislation
would?
Attorney Bolton
Are you talking about the existing ordinance compared to what is before us tonight?
Alderman Cookson
Correct.
Attorney Bolton
| think what’s before us tonight probably makes it clear that they don’t have to build one of six or seven
designated types of facilities. Now it is basically any facility that is restricted to 55 and older or 62 and older
will qualify if there’s a certain level of facilities and services appropriate to the needs and desires of older
persons. Currently the existing ordinance provides some ambiguity as to whether the list is supposed to be all
inclusive or merely examples of the types of developments that would qualify. This clears up that ambiguity
and | would say it clears it up in favor of the developers. | think the current ordinance somewhat expands
where these types of developments can be located. Under every version that | know of, there was no
exclusion from the existing residential zones where it is allowed. If anyone was under some impression that it
was exclusively in business or industrial zones that was, to my knowledge, never in any version. That slight
expansion exists. Otherwise, | think it’s approximately the same. If you pass it tonight it is approximately the
same except as | have mentioned.
Alderman Cookson
There’s another development that | am aware of. As you take Chestnut south to its terminus. Between
Chestnut and Ash, Southern New Hampshire Services has built a facility there. Under this new proposed
ordinance, nothing would that change? That facility would still have every right and availability to build at that
location and provide the services that it provides?
Attorney Bolton
Any existing facility, any facility that has already obtained its approvals...
Alderman Cookson
If it were new, and it was just going before that process upstairs in the auditorium and it hadn’t been developed
yet. If Southern New Hampshire Services came in and said | want to build at this property between Chestnut
and Ash at the south end, nothing would change?
Attorney Bolton
Without having studied the full plan and that project was underway and going through planning board before |
occupied this chair,
Alderman Cookson
Understood.
