CITY OF NASHUA
OFFICE OF CORPORATION COUNSEL
Memorandum
To: Board of Aldermen
CC: Sue Lovering, Legislative Affairs Manager
From: Celia K. Leonard, Deputy Corporation Counsel
Date: February 20, 2019
RE: _ Environmental Indemnity and Release Agreement
The City acquired L Putnam Street, Tax Map 62, Lot 83, on the corner of Amherst and Putnam
Street (“Parcel”) in February 1975 for an early alignment of the Broad Street Parkway. The
Parcel was not used for the as-built alignment of the Parkway and was declared surplus by
Resolution R-11-134. The City sold the Parcel at auction on December 12, 2014 to the highest
bidder, Mr. Larry Kittle.
The Parcel was identified as an “asbestos disposal site” (“ADS”) at least as of November 2007 in
documentation submitted to the City and therefore subject to New Hampshire law and
regulations regarding ADS. Due to the passage of time and a lack of awareness, the Parcel was
sold without the required asbestos notice in the chain of title, and without the required asbestos
information in the marketing literature.
Mr. Kittle engineered and permitted 3 2-family buildings on the Parcel and in the process learned
of the asbestos from the NH DES. He desired to keep the Parcel even after learning of the
asbestos if he could engineer and permit a viable cost effective alternative and if he was
reimbursed, at least in part, for costs associated with the first permitting process and the
purchase. Mr. Kittle paid market rate for a “clean” site and has paid taxes on that value. He has
since received approval for 2 3-family buildings on the Parcel and would like to finalize the
attached agreement.
This property has been off the tax roll since the mid-70’s. With this agreement, the City will be
spared the additional time and expense of having to repurchase and remarket the Parcel with
appropriate disclosures. To have more housing options developed in the city and producing
taxes on the lot is an accomplishment. Lastly, it is worth noting that Mr. Kittle has been
amendable and courteous throughout this process.
I am requesting the approval of the full Board of Aldermen for the Mayor to execute the attached
agreement. The funds will come out of the Broad St. Parkway Account 1061.60.
