LAW OFFICE OF
NICOSIA & ASSOCIATES, P.C.
259 MIDDLESEX ROAD
PETER J. NICOSIA (MA, NH & ME) P. O. BOX 721 TELEPHONE: (978) 649-4300
TYNGSBORO, MASSACHUSETTS 01879 FACSIMILE: (978) 649-9308
LAWRENCE M. BEANE (MA) . .
W www.nicosia-assoclates.com TOLL FREE: (866) 2!5-9248
COURTNEY JOHN BALL (MA & NH)
MEMORANDUM IN OPPOSITION TO
PROPOSED NASHUA ORDINANCE O-16-003, CHAPTER 74
(Board of Aldermen Meeting June 14, 2016)
The Petitioners' oppose proposed Ordinance O-16-003, Chapter 74 on the grounds that it
is unconstitutional for lack of due process and vagueness. In that regard, the Petitioners
respectfully request that the Board of Alderman reject the enactment of the proposed
Ordinance in its current form.
Procedural Status and Request to Table Discussion
The Petitioners, by and through legal counsel, attended the Substandard Housing Sub-
Committee Meetings on the proposed Ordinance on April 14, 2016 and May 26, 2016.
At both meetings the Petitioners raised all of the arguments set forth below. The
meeting was also attended by various representatives of the City Inspectional
Departments. Some of the Aldermen in attendance as well as some of the Inspectional
Representatives even agreed with some of the points set forth below. Petitioners’
counsel also volunteered to work with City legal staff and the Sub-Committee to
essentially re-write the proposed Ordinance to address the most significant concerns of
the Petitioners. Such offer and all comments below were rejected. The Sub-Committee
then voted on May 26, 2016 to send the originally proposed Ordinance version back to
the Board of Alderman with no changes for a full vote.
Since learning second hand of the impending Aldermen Meeting Agenda, the
undersigned counsel has requested that the Aldermen table the 6.14.16 impending vote on
the Ordinance until 6.28.16 as counsel for these Petitioners cannot attend. The pre-
meeting request for this brief extension of time was emailed to the President of the Board
and the Substandard Housing Sub-Committee and has been rejected by Alderman Siegel.
As such, Petitioners’ counsel is circulating this Memorandum now to the Board for
inclusion in the Administrative Record and will send another lawyer from the firm to
represent the Petitioners in the event that the Board does not table the discussion in
accordance with this request.
' The Petitioners are comprised of thirty-two (32) Nashua property owners whom have retained this law
firm to oppose the proposed Ordinance. For purposes of this advisory committee hearing the property
owners can be identified as the ‘Association of Nashua Property Owners Opposed to Proposed Ordinance
O-16-003 Chapter 74.’
