BUDGET REVIEW COMMITTEE AGENDA - Nashua, NH

PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE

APRIL 19, 2022

7:00 Aldermanic Chamber and via Zoom To Join Zoom meeting: https://us02web.zoom.us/j/89112930145?pwd=VU5TSDlqMFkxTTV1bmovYVVSdzVPdz09 Meeting ID: 891 1293 0145 Passcode: 503371

To Join by Telephone: 1-929-205-6099 Meeting ID: 891 1293 0145 Passcode: 503371 If there is a problem with the audio, please dial 603-821-2049 to advise.

PUBLIC HEARING

O-22-010 AMENDING THE LAND USE CODE BY ADDING PROVISIONS REGARDING SYNTHETIC NICOTINE AND

ELECTRONIC SMOKING DEVICE SALES AND LOUNGES

ROLL CALL

TESTIMONY

REGULAR MEETING

ROLL CALL

PUBLIC COMMENT DISCUSSION COMMUNICATIONS From: Matt Sullivan, Community Development Director Re: Referral from the Board of Aldermen on proposed O-22-010 amending the Land Use Code by adding provisions

regarding synthetic nicotine and electronic smoking device sales and lounges From: Matt Sullivan, Community Development Director Re: Referral from the Board of Aldermen on proposed Petition by Etchstone Properties, Inc. for full Waiver of Impact

Fees (for public school facilities) as Authorized Under Section 190-85 of the Land Use Code (Thompson’s Preserve Condominium)

From: Matt Sullivan, Community Development Director Re: Referral from the Board of Aldermen on proposed Petition by Etchstone Properties, Inc. for full Waiver of Impact

Fees (for public school facilities) as Authorized Under Section 190-85 of the Land Use Code (The Alcove at Walden Woods Condominium)

PETITIONS

Petition by Etchstone Properties, Inc. for full Waiver of Impact Fees (for public school facilities) as Authorized Under Section 190-85 of the Land Use Code (Thompson’s Preserve Condominium)

Petition by Etchstone Properties, Inc. for full Waiver of Impact Fees (for public school facilities) as Authorized Under Section 190-85 of the Land Use Code (The Alcove at Walden Woods Condominium)

UNFINISHED BUSINESS NEW BUSINESS – RESOLUTIONS

https://us02web.zoom.us/j/89112930145?pwd=VU5TSDlqMFkxTTV1bmovYVVSdzVPdz09

R-22-023 Endorsers: Alderman Patricia Klee Alderman-at-Large Michael B. O’Brien, Sr. Alderman-at-Large Ben Clemons Alderwoman-at-Large Shoshanna Kelly Alderman Richard A. Dowd Alderman Derek Thibeault Alderwoman-at-Large Gloria Timmons Alderman-at-Large Lori Wilshire

RELATIVE TO THE ADOPTION OF THE NASHUA ARTS AND CULTURAL PLAN NEW BUSINESS – ORDINANCES O-22-010

Endorsers: Mayor Jim Donchess Alderman Patricia Klee Alderman-at-Large Melbourne Moran, Jr. Alderman Thomas Lopez Alderman-at-Large Ben Clemons Alderman Derek Thibeault

AMENDING THE LAND USE CODE BY ADDING PROVISIONS REGARDING SYNTHETIC NICOTINE AND ELECTRONIC SMOKING DEVICE SALES AND LOUNGES TABLED IN COMMITTEE

Petition for Rezoning - Gateway Hills off Research Drive (A-798, A-1010, A-1011, A-1008, A-1021) • Tabled at 3/15/22 meeting

GENERAL DISCUSSION PUBLIC COMMENT REMARKS BY THE ALDERMEN POSSIBLE NON-PUBLIC SESSION ADJOURNMENT

City of Nashua Planning Department

229 Main Street Nashua, New Hampshire 03061-2019

Planning & Zoning 603 589-3090 WEB www.nashuanh.gov

MEMORANDUM

Date: March 28, 2021

To: Aid. Lori Wilshire, President, and Board of Aldermen Aid. Melbourne Moran, Jr., Chair and Planning & Economic Development Committee

From: Matt Sullivan, Planning Department Manager

RE: Referral from the Board of Aldermen on proposed 0-22-010 amending the Land Use Code by adding Provisions regarding Synthetic Nicotine and Electronic Smoking Device Sales and Lounges.

At the Nashua City Planning Board's specially scheduled meeting of March 24,2021, the Planning Board voted 8 Yes, 1 No and 0 Abstained to make a favorable recommendation on 0-22-010.

If you have any questions concerning this notification, please contact me at 589-3090 or via sul 1 [email protected].

cc: Mayor Jim Donchess Donna Graham, Legislative Assistant Susan Lovering, City Clerk Scott LeClair, Chair, NPCB Sarah Marchant, Community Development Division Director

http://www.nashuanh.gov

mailto:[email protected]




MEMORANDUM

Date: April 11,2022,2022

To: Aid. Lori Wilshire, President, and Board of Aldermen Aid. Melbourne Moran, Jr., Chairman, Planning & Economic Development Committee

From: Matthew Sullivan, Community Development Division Director

RE: Referral from the Board of Aldermen on proposed Petition by Etchstone Properties, Inc. for full Waiver of Impact Fees (for public school facilities) as Authorized Under Section 190-85 of the Land Use Code (Thompson's Preserve Condominium)

At the Nashua City Planning Board's regular meeting of April 7, 2022 the Planning Board voted unanimously to make a favorable recommendation on the Petition by Etchstone Properties, Inc. for full Waiver of Impact Fees (for public school facilities) as Authorized Under Section 190-85 of the Land Use Code (Thompson's Preserve Condominium)

If you have any questions concerning this communication, please contact me at 589-3112.

cc: Mayor Jim Donchess Donna Graham, Legislative Assistant Susan Lovering, City Clerk Scott LeClair, Chair, NCPB





MEMORANDUM

Date: April 11,2022,2022

To: Aid. Lori Wilshire, President, and Board of Aldermen Aid. Melbourne Moran, Jr., Chairman, Planning & Economic Development Committee

From: Matthew Sullivan, Acting Community Development Division Director

RE: Referral from the Board of Aldermen on proposed Petition by Etchstone Properties, Inc. for full Waiver of Impact Fees (for public school facilities) as Authorized under Section 190-85 of the Land Use Code (The Alcove at Walden Woods Condominium)

At the Nashua City Planning Board's regular meeting of April 7, 2022 the Planning Board voted unanimously to make a favorable recommendation on the Petition by Etchstone Properties, Inc. for full Waiver of Impact Fees (for public school facilities) as Authorized under Section 190-85 of the Land Use Code (The Alcove at Walden Woods Condominium)

If you have any questions concerning this communication, please contact me at 589-3112.

cc: Mayor Jim Donchess Donna Graham, Legislative Assistant Susan Lovering, City Clerk Scott LeClair, Chair, NCPB


CITY OF NASHUA

BOARD OF ALDERMEN

PETITION BY ETCHSTONE PROPERTIES. INC, FOR FULL WAIVER OF IMPACT FEES (FOR PUBLIC SCHOOL FACILITIES) AS AUTHORIZED UNDER SECTION

190-85 OF THE LAND USE CODE (Thompson's Preserve Condominium)

March 3, 2022

NOW COMES Etchstone Properties, Inc., a New Hampshire corporation with an address of 179 Amherst Street, Nashua, New Hampshire 03064 (the "Petitioner"), by and though its attorneys, Winer and Bennett, LLP, 111 Concord Street, Nashua, New Hampshire 03064, and pursuant to Section 190-85 of the Land Use Code, hereby petitions the Board of Aldermen to waive in full the impact fees imposed by Article VIII of the Land Use Code. In support of this Petition, Etchstone Properties, Inc. (the Petitioner) states as follows:

1. The Petitioner is a corporation, organized and existing under the laws of the State of New Hampshire, with an address of 179 Amherst Street, Nashua, New Hampshire 03064.

2. The Petitioner developed an elderly housing community known as Thompson's Preserve Condominium (the "Community") at 65 Gilson Road, Nashua, New Hampshire, shown as Map D, Lot 32 on the City of Assessors' Maps (the "Premises"). The Premises are located in the R-30 zoning district.

3. Approvals for development of the Premises into an elderly housing community (under the condominium form of ownership) were granted by the Nashua City Planning Board and one or more State agencies.

4. The Community consists of thirty-nine (39) individual dwelling units and a community building (the "Community Building").

5. The Community is governed by the state and federal laws and regulations pertaining to so-called housing for older persons (age 55 and older), including RSA 354-a:15.

6. The Community is designed to accommodate an "aging in place" resident through certain architectural design and construction techniques, including single level living and community services.

7. The Community Building is fully furnished and is able to accommodate the following: a. Programs designed to provide a social life for residents; b. Continuing education programs of interest to residents; c. Information and counseling services; d. Recreational programs; e. An accessible physical environment;

f. Community areas, a kitchen and great room.

8. All thirty-nine (39) units have been sold and conveyed to third-party purchasers. There are currently no school age children residing in the Community and given the nature of the regulations of housing for older persons, school age children will not likely reside at the Community.

9. The Petitioner previously developed Hayden Green Condominium, a 55 and older community in Nashua, New Hampshire consisting of the 37 units. No school age children currently reside at Hayden Green Condominium.

10. Prior to its development of Hayden Green Condominium, the Petitioner also developed Lexington Place Condominium, a 55 and older community in Hudson, New Hampshire, consisting of 34 units. No school age children currently reside at Lexington Place Condominium.

11. The Petitioner commissioned an independent study by Fougere Planning & Development, Inc. to determine the number of school children in various age restricted (55 and older communities) in Southern New Hampshire. A summary of the study (consisting of a cover page and Table 1) is attached as Exhibit A. The study reveals that in these 55 and older communities, including Thompson's Preserve Condominium (the Community), rounding up there is an average of .005 children per unit. Put another way, of the 1,036 units listed in the study (Exhibit A), a total of 5 school age children reside in these 1,036 units.

12. Applying this average (.005 school age children per unit) over the thirty-nine (39) units at the Community, would result in an expectation of .195 school aged children living in the Community (less than one school age child).

13. Based upon Section 190-76, Section 190-77 and Table 77-1 of the Land Use Code, the (education facilities) impact fees associated with the Community are either $498.50, $494.50, or 496.00 per unit, depending on the style of the unit.

14. As a result, without an abatement the thirty-nine (39) elderly housing units in the Community would generate impact fees totaling $19,269.50. To date, a total of$ 19,269.50 has been paid to the City of Nashua for these impact fees for all 39 units.

15. Section 190-85 of the Land Use Code provides, in pertinent part, that the impact fees may be waived if the "proposed new development consists of . . . elderly housing which can be reasonably expected not to require additional educational facilities".

16. In light of the foregoing, in accordance with Section 190-85 of the Land Use Code and based on the statistics referenced above and detailed in Exhibit A attached, it can be reasonably expected that the thirty-nine (39) units of elderly housing at the Community will not require additional educational facilities.

WHEREFORE, the Petitioner respectively requests that pursuant to Section 190-85 of the Land Use Code, the Board of Aldermen waive in full the impact fees imposed against the Community and paid by the Petitioner, abate the amount that has been paid ($ 19,269.50) and return such amount to the Petitioner.

Respectfully Submitted, Etchstone Properties, Inc. By its attorneys, Winer and BerfnStt, LLP

Dated March 3, 2022 By/ / -—7 _ / V. Bradford Westgate, Esquire

/ y \ 11 Concord Street L / Nashua, New Hampshire 03064

(603) 882-5157 [email protected]

3


EXHIBIT A

FOUGERE PLANNING & DEVELOPMENT Inc. Mark J. Fougere, AICP

253 Jennison Road Milford, New Hampshire 03055 phone: 603-315-1288 emait: [email protected]

February 22, 2022

Age Restricted Communities - School Age Children

The City of Nashua's Land Use Code Article VIII, Impact Fees, Section 190-85 Waiver of impact fee, provides the ability for an applicant to submit a school impact fee waiver request to the Board of Alderman when it "can be reasonably expected not to require additional educational facilities''. Given the data supplied herein, it is our professional opinion that a school impact fee waiver should be provided to the managers of the existing Thompson's Preserve and Walden Woods's age restricted condominium developments.

Per RSA 674:21 V, impact fees can only be assessed "in order to help meet the needs occasioned by that development for the construction of or improvement of capital facilities,,". In addition, the City of Nashua's Land Use Code Article VIII Impact Fees, Section 190-72 Intent and purpose, C states "Require new development to contribute some of its proportionate share of funds spent or to be spent by the City to accommodate the new development's impact on certain public facilities for education having a rational nexus to the new development". It is clear from these legal provisions that any impact fee charged must be supported with a statistical basis that an impact to the City's schools facilities will occur. As detailed in Table One, we reviewed a number of age restricted developments in New Hampshire totaling 1,036 units and found only 5 school age children. In Nashua, we reviewed four developments with a total of 246 units and found no school age children.

Given these pointed findings, no rational nexus exists between the school impact fee and the proposed use and therefore a full school impact waiver should be granted to the Thompson's Preserve and Walden Woods age restricted developments.

Mark J. Fougere, AICP Fougere Planning & Development, Inc.


Table One School Age Children1

Age Restricted NH Condominiums Town Project Name Num. Of Units Unit Types ft School

Children Bedford, NH The Mews 108 Single Family 2

Riverwalk 90 Single Family & Garden 0 Hudson, NH Abbie's Landing 22 Single Family 0

Hudson Meadows 12 Single Family 0 Reeds Brook 31 Single Family 0 Lexington Place 34 Single Family 0 Sparkling River 126 Single & duplex 3

Londonderry, NH Parish Hills 37 Single Family 0 Forest Hills 65 Single Family 0 Buttrick Village 40 Triplex 0 Harvest Village 45 Duplex 0 Sugarplum Hill 36 Single & duplex 0

Merrimack, NH Parker Village 99 Single Family & Garden 0 Souhegan River View 45 Single, duplex & Quad 0

Nashua, NH Coliston Yard 75 Garden 0 Thompson's Preserve 39 Single Family 0 Walden Woods 95 Garden 0 Hayden Green 37 Single & Duplex 0 Total Units/Children 1,036 5 Children Per Unit .004

1 School data provided by local SAU Office.

CITY OF NASHUA

BOARD OF ALDERMEN

PETITION BY ETCHSTONE PROPERTIES, INC. FOR FULL WAIVER OF IMPACT FEES (FOR PUBLIC SCHOOL FACILITIES) AS AUTHORIZED UNDER SECTION

190-85 OF THE LAND USE CODE (The Alcove at Walden Woods Condominium)

March 3, 2022

NOW COMES Etchstone Properties, Inc., a New Hampshire corporation, with an address of 179 Amherst Street, Nashua, New Hampshire 03064 (the "Petitioner"), by and though its attorneys, , Winer and Bennett, LLP, 111 Concord Street, Nashua, New Hampshire 03064, and pursuant to Section 190-85 of the Land Use Code, hereby petitions the Board of Aldermen to waive in full the impact fees imposed by Article VIII of the Land Use Code. In support of this Petition, Etchstone Properties, Inc. (the Petitioner) states as follows:

1. The Petitioner is a corporation, organized and existing under the laws of the State of New Hampshire, with an address of 179 Amherst Street, Nashua, New Hampshire 03064.

2. The Petitioner developed an elderly housing community known as The Alcove at Walden Woods Condominium (the "Community") at 2 Henry David Drive, Nashua, New Hampshire, shown as Map C, Lot 2914 on the City of Nashua Assessors' Maps (the "Premises"). The Premises are located in the R-C zoning district.

3. Approval for development of the Premises into an elderly housing community (under the condominium form of ownership) was granted by the Nashua City Planning Board.

4. The Community consists of sixty-three (63) units and a community area (the "Community Area").

5. The Community is governed by the state and federal laws and regulations pertaining to so-called housing for older persons (age 55 and older), including RSA 354-A:15.

6. The Community is designed to accommodate an "aging in place" resident through certain architectural design and construction techniques, including single level living and community services.

7. The Community Area is fully furnished with a great room, a kitchen with appliances, and a game/exercise room with tables and chairs for socializing and meeting. The Community Area also has two attached outdoor decks that accommodate outdoor furniture. The Community Area can accommodate the following:

a. Programs designed to provide a social life for residents; b. Continuing education programs of interest to residents;

c. Information and counseling services; d. Recreational/exercise programs; e. An accessible physical environment; f. Community areas, a kitchen and separate game/exercise room.

8. All sixty-three (63) condominium units have been sold and conveyed to third-party purchasers. There are currently no school age children residing in the Community and given the nature of the regulations of housing for older persons, school age children will not likely reside at the Community.

9. The Petitioner previously developed Hayden Green Condominium, a 55 and older community in Nashua, New Hampshire consisting of 37 units. No school age children currently reside at Hayden Green Condominium.

10. Prior to its development of Hayden Green Condominium, the Petitioner also developed Lexington Place Condominium, a 55 and older community in Hudson, New Hampshire, consisting of 34 units. No school age children currently reside at Lexington Place Condominium.

11. The Petitioner commissioned an independent study by Fougere Planning & Development, Inc. to determine the number of school children in various age restricted (55 and older communities) in Southern New Hampshire. A summary of the study (consisting of a cover page and Table 1) is attached as Exhibit A. The study reveals that in these 55 and older communities, including The Alcove at Walden Woods Condominium (the Community), rounding up there is an average of .005 children per unit. Put another way, of the 1,036 units listed in the study (Exhibit A), a total of 5 school age children reside in these 1,036 units.

12. Applying this average (.005 school age children per unit) over the sixty-three (63) units at the Community, would result in an expectation of .315 school aged children living in the Community (less than one school age child).

13. Based upon Section 190-76, Section 190-77 and Table 77-1 of the Land Use Code, the (education facilities) impact fees associated with the Community are $500.00 per unit.

14. As a result, without an abatement the sixty-three (63) elderly housing units and the Community Area in the Community would generate impact fees totaling $31,500.00. To date, a total of $31,500.00 has been paid to the City of Nashua for these impact fees for all 63 units.

15. Section 190-85 of the Land Use Code provides, in pertinent part, that the impact fees may be waived if the "proposed new development consists of . . . elderly housing which can be reasonably expected not to require additional educational facilities".

16. In light of the foregoing, in accordance with Section 190-85 of the Land Use Code and based on the statistics referenced above and detailed in Exhibit A attached, it can be

2

reasonably expected that the sixty-three (63) units of elderly housing at the Community will not require additional educational facilities.

WHEREFORE, the Petitioner respectively requests that pursuant to Section 190-85 of the Land Use Code, the Board of Aldermen waive in full the impact fees imposed against the Community and paid by the Petitioner, abate the amount that has been paid ($31,500.00) and return such amount to the Petitioner.

Respectfully Submitted, Etchstone Properties, Inc. By its attorneys^ Winer and^Bennejft, LLP

Dated March 3,2022 Byf , c

/ J. Bradford Westgate, Esquire / A 1 Concord Street

Nashua, New Hampshire 03064 (603) 882-5157 [email protected]

3


EXHIBIT A

FOUGERE PLANNING & DEVELOPMENT Inc. Mark J. Fougere, AICP

253 Jennison Road Milford, New Hampshire 03055 phone: 603-315-1288 email: [email protected]

February 22, 2022

Age Restricted Communities - School Age Children

The City of Nashua's Land Use Code Article VIII, Impact Fees, Section 190-85 Waiver of impact fee, provides the ability for an applicant to submit a school impact fee waiver request to the Board of Alderman when it"can be reasonably expected not to require additional educational facilities". Given the data supplied herein, it is our professional opinion that a school impact fee waiver should be provided to the managers of the existing Thompson's Preserve and Walden Woods's age restricted condominium developments.

Per RSA 674:21 V, impact fees can only be assessed "in order to help meet the needs occasioned bv that development for the construction of or improvement of capital facilities..". In addition, the City of Nashua's Land Use Code Article VIII Impact Fees, Section 190-72 Intent and purpose, C states "Require new development to contribute some of its proportionate share of funds spent or to be spent by the City to accommodate the new development's impact on certain public facilities for education having a rational nexus to the new development". It is clear from these legal provisions that any impact fee charged must be supported with a statistical basis that an impact to the City's schools facilities will occur. As detailed in Table One, we reviewed a number of age restricted developments in New Hampshire totaling 1,036 units and found only 5 school aoe children. In Nashua, we reviewed four developments with a total of 246 units and found no school age children.

Given these pointed findings, no rational nexus exists between the school impact fee and the proposed use and therefore a full school impact waiver should be granted to the Thompson's Preserve and Walden Woods age restricted developments.

Mark J. Fougere, AICP Fougere Planning & Development, Inc.


Table One School Age Children1

Age Restricted NH Condominiums Town Project Name Num. Of units Unit Types # School

Children Bedford, NH The Mews 108 Single Family 2

Riverwalk 90 Single Family & Garden 0 Hudson, NH Abbie's Landing 22 Single Family 0

Hudson Meadows 12 Single Family 0 Reeds Brook 31 Single Family 0 Lexington Place 34 Single Family 0 Sparkling River 126 Single & duplex 3

Londonderry, NH Parish Hills 37 Single Family 0 Forest Hills 65 Single Family 0 Buttrick Village 40 Triplex 0 Harvest Village 45 Duplex 0 Sugarplum Hill 36 Single & duplex 0

Merrimack, NH Parker Village 99 Single Family & Garden 0 Souhegan River View 45 Single, duplex & Quad 0

Nashua, NH Coliston Yard 75 Garden 0 Thompson's Preserve 39 Single Family 0 Walden Woods 95 Garden 0 Hayden Green 37 Single & Duplex 0 Total Units/Children 1,036 5 Children Per Unit .004

1 School data provided by local SAU Office.

R-22-023

RESOLUTION

RELATIVE TO THE ADOPTION OF THE NASHUA ARTS AND CULTURAL PLAN

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

RESOL VED by the Board of Aldermen of the City of Nashua that the attached Nashua Arts and Cultural Plan 2022-2027 prepared by the Nashua Arts Commission is hereby adopted.

LEGISLATIVE YEAR 2022

RESOLUTION: R-22-023

PURPOSE: Relative to the adoption of the Nashua Arts and Cultural Plan

SPONSOR(S): Alderman Patricia Klee Alderman-at-Large Michael B. O'Brien, Sr. Alderman-at-Large Ben demons Alderwoman-at-Large Shoshanna Kelly Alderman Richard A. Dowd Alderman Derek Thibeault Alderwoman-at-Large Gloria Timmons

COMMITTEE A S S I G N M E N T : Planning and Economic Development Committee

Nashua Planning Board

FISCAL NOTE: The fiscal impact depends on if there are any subsequent expenditures to implement any of the actions found in the plan.

ANALYSIS

This legislation adopts the Nashua Arts and Cultural Plan 2022-2027 prepared by the Nashua Arts Commission.

This plan is a strategic plan and is not part of the master plan, although the Board may still wish to refer this legislation to the Planning Board.

Approved as to form: Office of Corporation Counsel

By: ^ ^ C ^ ô J C S L

Date: S O à ^ Î L

\

/

PREPARED BY THE NASHUA ARTS COMMISSION

Nashua Arts & 8 r o

Culture Plan É

\ P h o t o b y J. G a g n o n P h o t o g r a p h y

Nashua Arts & Culture Plan 2022-2027

Table of Contents

01 Introduction

04 Vision & Top Goals

10 Support Arts Education

02 Plan Background

05-07 Enhance Economic Impact

11 12 Increase About Awareness the NAC

03 Current Status

08-09 Cultivate Collaboration

13 Appendix

Introduction Why an Arts and Culture Plan? A vibrant arts scene is crucial to every city: enhancing quality of life and ensuring a strong stimulus to the economy.

Studies show that people and companies want to locate in cities where arts and culture is grounded in a dynamic downtown. Access to arts and culture makes citizens more attached to their communities in both feeling and action. Arts and culture provide jobs and draw visitors and tourists. The creative economy added $804 billion (4.3%) to the national GDP in 2018, greater than the agriculture, construction and transportation and warehousing. According to Americans for the Arts, government funding for the arts at the local level is viewed favorably and seen as high public value by 60% of all Americans.

"We in Nashua recognize what is understood in cities across the world -arts and culture enhance quality of life. People want to live and raise their children in a community that offers a vibrant arts and culture scene." -Mayor Jim Donchess

Benefits to the Community

• The creative economy is a community asset that strengthens the local economy and draws visitors to Nashua

• Arts & Culture provides a common language that brings diverse populations together

• A vibrant arts community requires collaboration between artists, arts organizations, municipal government, and business organizations with a strong citizen volunteer base

• As a Welcoming City, inclusion and access to arts & culture should be available to all

Plan Background Where We've Come From As part of its mission, the Arts Commission created an initial five-year Arts and Culture Plan that was accepted by the Board of Aldermen ¡n November, 2014. This is an update of that plan designed to provide a framework for developing annual priorities, securing human resources and funding, and developing annual work plans. Due to an interruption in the normal cycle, this version is intended to cover 2022 through 2027.

The Arts Commission held an initial input session for the revised plan in 2019 with the arts community and interested citizens, facilitated by Ginnie Lupi, the Director of the NH State Council on the Arts in additional to regular planning sessions during late 2020 and 2021. The Commission's Arts and Culture Plan workgroup worked to actively align the Arts & Culture Plan with Imagine Nashua, a long-range

citywide strategic plan.

Where We're Going This updated plan envisions possibilities for growth in the arts and culture sector and addresses internal challenges to achieve plan goals. This includes some redefining of the role of the Arts Commission, developing policy that fosters arts and culture development, long-term financial commitment to support the goals, and strategic inter-departmental collaboration by the City.

...of Americans believe "the arts & culture are important to quality of life."

Source: Amer icans fo r t h e Arts' 2016 publ ic op in ion survey by Ipos Public Ai f iars

Vibrancy at Work Nashua is HOME to.... • More public art than any city in NH • The only City with an International Sculpture Symposium in the United

States • NH's only professional symphony orchestra and multiple award-winning

community theater companies • Southern New Hampshire's largest arts festival and oldest juried art show • The Winter Holiday Stroll, bringing 30,000 people to downtown Nashua

each year • Active Public Library and SummerFun arts programs

For all these reasons and more, Nashua was selected by the New Hampshire State Council on the Arts as the state's Creative Community at the Governor's Awards in 2017.

The City is moving ahead with the construction of The Nashua Center for the Arts, a new 750 seat theater on Main Street as well as renovating our community arts facility at 14 Court Street with improvements to the main theater, new artist studios and reopening its small black box theater.

Exciting Things To Come

The Nashua Arts Commission will oversee the execution of this plan. Plan actions and related recommendations are introduced by top goal and according to anticipated year of completion. The Arts Commission reserves the right to extend timeframes to best serve the project once in motion.

Plan Reference Timeframes

• Near-term: 2022-2024 • Mid-term: 2023-2025 • Long-term: 2025-2027

Our Vision Nashua is a creative city where the arts energize life and enhance experiences for residents and visitors alike with ongoing Citywide support.

Top Goals 1 Enhance Economic

Impact Support arts related ideas, projects and infrastructure enhancements that promote positive, measurable economic growth

3 Support Arts Education Cultivate artistic endeavors through the development of arts enrichment programs that foster arts education for all ages

2

4

Cultivate Collaboration Foster collaboration between arts organizations, the public sector, local businesses, and civic organizations to work together, share resources and leverage opportunities to enhance Nashua's arts community

Increase Awareness Expand the number of residents and potential visitors who know about, appreciate, and participate in Nashua's lively art scene

Enhance Economic Impact

Support arts related ideas, projects and infrastructure enhancements that promote positive, measurable economic growth

Recommendation A Timeframe: Near-term

Present Americans for the Arts 2019 economic impact study of the Nashua area as baseline for measurement to arts organizations, Board of Aldermen, City Department heads Downtown Improvement Committee, Chamber of Commerce, and other civic organizations.

Action 1: Create a foundation of reliable economic data to use as an evaluation tool for new art projects and investments

Recommendation B Timeframe: Near-term

Sponsor and facilitate the 2022 and 2025 Americans for the Arts economic impact study with funding and support from the Economic Development department of the City.

^ ^ The nonprofit arts and culture sector is a $11.3 million industry in the Nashua Region—one that supports 361 ful l- t ime equivalent jobs and generates $1.1 million in local and state government revenue. AMERICANS FOR THE ARTS ECONOMIC IMPACT STUDY 2019


Continued

Action 2: Maintain affordable space for Nashua's artists and arts organizations

Recommendation A Timeframe: Mid-term

Make necessary improvements to Greeley Park Bandshell such as upgrading sound system, using local artists to beautify existing structure

Recommendation B Timeframe: Long-term

Complete repairs and renovations of 14 Court Street

Recommendation C Timeframe: Long-term

Preserve the Keefe Center for the Arts for continued access and use by Nashua's nonprofit arts organizations and as a venue for fundraising


Continued


Support successful completion and operation of the Nashua Center for the Arts and integration into the community.


Continue support of measurable audience development of the arts organizations through the Commission's grant program.

Recommendation C Recommendation D Timeframe: Mid-term Timeframe: Mid-term

Add listings of artists by category that Expand available funding for arts sell their work or provide private projects and programs by increasing performances to City's arts grants, publishing a list of arts ExperienceNashuaArts.org. funding opportunities, and sharing any

funding opportunities on the Art's Commission's Facebook page.

Recommendation E Timeframe: Long-term

Investigate using Spectacle Live to book performances at Keefe and Holman Stadium to share profits to fund the arts.

Action 3: Capitalize on new and existing resources that facilitate audience development

Cultivate Collaboration Foster collaboration between arts organizations, the public sector, local businesses, and civic organizations to work together, share resources and leverage opportunities to enhance Nashua's arts community.

Action 4: Track information on projects, goals and missions of Nashua arts organizations and establish a method of pooling resources.


Continue annual Collaborate Arts meeting with both nonprofit and for-profit arts organizations and individuals to produce annual arts calendar and discuss missions and goals.


Provide a city intern or AmeriCorp member to facilitate this initiative.

Recommendation C Timeframe: Mid-term

Create an accessible public or on-demand listing of resources that organizations are willing to share including practice spaces and arts job openings.

Cultivate Collaboration

. . . Continued Recommendation A Timeframe: Near-term

Create a "Nashua Arts Commission" membership program with benefits for participating organizations.

Recommendation B Timeframe: Mid-term

Recognize collaborative arts organizations and supportive businesses via social media, external signage, and other channels

Recommendation C Timeframe: Long-term

Inspire arts groups to create large scale events by combining resources


Increase communication and involvement in the arts with the Greater Nashua Chamber of Commerce and other civic organizations


Provide representation to the New Hampshire Creative Communities Network and join Arts4NH; cooperatively support their missions of arts advocacy.

Action 5: Annually recognize collaborative work between arts organizations and supporting businesses.

Action 6: Create multiple strong points of arts advocacy

Support Arts Education Cultivate artistic endeavors through the development of arts enrichment programs that foster arts education for all ages.

Action 7: Explore the process and funding measures used to establish arts-related programs for individuals and organizations


Support arts festivals already in place by expanding their range, reach, and educational components


Encourage accessible low-cost classes, mentorships, internships, and artists in resident programs

Action 8: Collaborate with local arts organizations, schools, and colleges to identify opportunities for artistic growth

Recommendation A Timeframe: Mid-term

List and maintain all local and area arts classes and arts summer camps on ExperienceNashuaArts.org


Encourage opportunities for adult education through traditional and nontraditional art forms

Increase Awareness Expand the number of residents and potential visitors who know about, appreciate, and participate in Nashua's lively art scene.

Action 9: Communicate the availability and value of local arts programs and projects


Fund and staff further development and maintenance of ExperienceNashuaArts.org as a stand-alone website with clear identity, programs


Form public/private sector Steering Committee to develop and fund a citywide marketing plan to promote Nashua as a Destination for the Arts and Downtown Nashua as an Arts District by utilizing the resources of the NH Department of Tourism.

Action 10: Public recognition of artistic excellence and support


Continue to honor and celebrate contribution to the arts and cultural life of the city at the Meri Goyette Arts Award Luncheon


Establish a Nashua Poet Laureate and Artist Laureate program with award and recognition at the annual gala for the Performing Arts Center.

The Nashua Arts Commission

The Nashua Arts Commission, formed by City Ordinance 0-10-36 in November 2010, is a volunteer commission of the City of Nashua appointed by the Mayor. Its mission is to serve the community as Nashua's resource to facilitate, advocate, coordinate and educate on behalf of the art and cultural assets of the City of Nashua.

The Arts Commission is classified as a local arts agency by the National Endowment for the Arts and the NH State Council on the Arts. As is the nature of local arts agencies in the US, public support for the arts is more than the transactional function of grant-making. Local arts agencies have a developmental role, providing guidance and advice, and to serve as guardians of the public trust to procure and deliver equity and excellence in managing the City's arts and cultural resources. As an agency of the City government, that guardianship is charged with balancing social accountability to demonstrate civic and economic impact of allocating tax dollars to fund arts and culture projects.

What does the Arts Commission do?

• Acts as the key arts advisor to the Mayor and Board of Aldermen

• Makes recommendations and proposes policies that support the development and preservation of the arts in Nashua

• Leads the creation and execution of the City's Arts & Cultural Plan

• Facilitates Nashua's annual Arts Project Grant Cycle

• Hosts workshops and events that connect, educate, and support local arts organizations

Digital Appendix Visit

Nashuanh.gov /346/Ar ts -Commiss ion

Get Involved Contact : [email protected]

r

Acknowledgements This plan was prepared by the Nashua Arts & Culture Plan Working Group, a subsect of the Nashua Arts Commission:

Jennifer Annand Judi th Carlson Tina Cassidy Sara Ceasar Lindsay Rinaldi Steve Ruddock

Date approved by the Nashua Arts Commission 3/8/22

Date approved by the Mayor of Nashua:

Photo Credits: Josh Gagnon of J. Gagnon Photography Chris Boncoddo, FlipSide ImageWorks

Date approved by the Nashua's Board of Aldermen:


0-22-010

ORDINANCE AMENDING THE LAND USE CODE BY ADDING PROVISIONS REGARDING SYNTHETIC NICOTINE AND ELECTRONIC SMOKING DEVICE SALES AND

LOUNGES

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

The City of Nashua ordains that Part II "General Legislation", Chapter 190 "Land Use", Part 2 "Zoning Districts and Supplemental Use Regulations", of the Nashua Revised Ordinances, as amended, be hereby further amended as follows:

1. In Article III "Base Districts", amend Section 190-15 "Permitted Uses", by adding the new underlined language:

"§190-15. Permitted uses.

D. Interpretation of Table 15-1

(6) Facilities with a primary use designated with the superscript "3" (3) shall be a minimum of 1,000 feet from like-classified uses and 1,000 feet from schools or youth serving organizations. The Planning Board may waive the 1,000-foot measurement, provided that the applicant demonstrates that there are no negative impacts on the direct abutters, neighborhood, or City and that the project meets the required criteria for waivers (§ 190-148D). The Planning Board may not waive the 1.000-foot measurement if the facility directly abuts a school or youth serving organization. For the purposes of this section, schools and youth serving organizations are defined as organizations with a physical location whose primary purpose is to serve persons under the age of 18. Examples could include schools, childcares. camps, or organizations whose primary purpose is youth support and development which offer on-site programming, including housing, for persons under the age of 18."

ORDINANCE 0 - 2 2 - 0 1 0

2. In Article III "Base Districts", Section 190-15 "Permitted Uses", Table 15-1 "Use Matrix", amend entry number "137", by adding the new underlined language, and deleting the struck-through language as follows:

Key: "P" mean permitted as of right. "C" means permitted as a conditional use. "S" means permitted as a special exception. "A" means permitted only as an accessory use. means prohibited. Refer to Article XLll or the source referred to under "Land Use Code" for specific definitions of uses.

Land Use Code Zoning District

Use

LB

CS

Fu

nct

ion

LB

CS

Str

uct

ure

NA

1CS

R-4

0 R

ura

l R

esid

ence

R-3

0 S

ub

urb

an R

esid

ence

R-1

8 S

ub

urb

an R

esid

ence

R-9

Su

bu

rban

Res

iden

ce

R-A

Urb

an R

esid

ence

R-B

Urb

an R

esid

ence

R-C

Urb

an R

esid

ence

LB

Loc

al B

usi

nes

s

GB

Gen

eral

Bu

sin

ess

D-l

D

own

tow

n

D-3

Dow

nto

wn

HB

Hig

hw

ay B

usi

nes

s

PI

Par

k In

du

stri

al

AI

Air

por

t In

du

stri

al

Gl

Gen

era]

Ind

ustr

ial

137. Tobaccoj Synthetic Nicotine, or Electronic Smoking Device Sales and Lounges tobacconist

2143 422940

P

QÌ P

Ç1 P

Ç1 P

01 C 4

ci

All other ordinances or parts of ordinances inconsistent herewith are hereby repealed.

This ordinance shall become effective immediately upon passage.

LEGISLATIVE YEAR 2022

ORDINANCE: 0-22-010

PURPOSE: Amending the Land Use Code by adding provisions regarding synthetic nicotine and electronic smoking device sales and lounges

ENDORSERS): Mayor Jim Donchess Alderman Patricia Klee Alderman-at-Large Melbourne Moran, Jr. Alderman Thomas Lopez Alderman-at-Large Ben demons Alderman Derek. Thibeault

C O M M I T T E E Planning and Economic Development Committee A S S I G N M E N T : Planning Board

FISCAL NOTE: None.

ANALYSIS

This legislation amends the City's Land Use Code. 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 10 calendar days prior to the date of the hearing. The notice period does not include the day notice is posted or the day of the public hearing. (RSA 675:7,1) 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

By: March 2,2022

Date: /s/Celia K. Leonard

C i t y of N a s h u a Planning Department


Planning & Zoning 589-3090 Fax 589-3119 WEB vAvw.nashuanh.gov

J

APPLICATION FOR REZONING

I/We the undersigned, being owner/owners of real estate at TSu^i-liu-j^cF. p t f e s s yy^ci ifo^t/'iT. in the City of Nashua, listed as lot/lots No. A l i f t on the Aaacajor'aflhcct/shccts-jfl;; A-request that the Board of Alderman in accordance with the Nashua revised Ordinance, Section 190-276 A(4) Rezoning Application: Amend the requirements of the Zoning Ordinance follows:

From.

For

To fcC

Acres

For the following proposed uses: rtut. T • T . y ^ c E i 2 f c £ - A T J i i C - ^ J i f i É t ï l i J U T _ £ .

1 also hereby authorize the Nashua Board of Aldermen and the Planning Board, its staff and/or agents to enter on and inspect the property proposed for action by this application

Owner's Name:

(Pleuse Print or Type Below)

VT y g ^ C o - - A p p l i c a n t ' s Name: g

Signatare: .

A d d r e s s : 4 S b A ^ j S J t Z _ 2 . c

ÇQ>*2Pu,.HA O'LOU

Phone No.: ¿"1ftl) 3 ~ 7 T 3 f

Emai l : . ^ I C r , , lma

Date: _____

Signature:,

Address:^

Phone No.,

Email:

Date:

** Agents and/or option holders, lessees must supply written authorization to petition on behalf of owner/owners.

Acceptance of this application and inclusion of the application on either the Planning Board or Board of Aldennen agenda does not infer that all requirements for rezoning have been satisfied.

1 do hereby affirm that to the best of my knowledge and belief all information supplied with this application is true and accurate and tint I am the owner of the property involved in the requested rezoning.

Date . . IK V Signature M m H a A . ,

For Office Use Only. Date Received,

Fee PaidS Check fi

Application Received by.

Request for Zoning Change Report within Gateway Hills

August 31, 2021

Prepared By:

J O LATLEY f, rH>lf>.«*l ,

45 Dan Road, Suite 320 Canton, MA 02021

TABLE OF CONTENTS

Section 1

Section 2

Section 3

Gateway Hills Existing Zoning & Existing Site Development

Gateway Hills Requested Zoning Change

Positive Fiscal Impact of Apartment Development

Section 4

Section 5

Appendix A

Appendix B

AppendixC

Response/Adherence to April 22. 2021 Letter to Nashua Zoning Board from Nashua Director of Economic Development

Closing/Summary

Fiscal Impact Analysis by Fougere Planning & Development

Traffic Memorandum with supporting Trip Generation Data

April 22. 2021 Letter from Nashua Director of Economic Development to Community Development Office

Appendix D Proposed Rezoning Land Use Exhibit Plan

I

Section 1 - G a t e w a y Hills Existing Zoning & Existing Site Development

Gateway Hills, located on the north side of Spit Brook Road and abutting the F.E. Everett Turnpike, consists of over 400 acres of land with multiple zoning designations throughout. To the far north, near the City-owned Proctor Park, lies an area that is zoned R-18 and R-40, which primarily allows the construction of single-family homes on lots 18,000 square feet (sf) and 40,000 sf, or of lesser size if developed as an open space subdivision.

South of these areas is the Park Industrial (PI) zoning district, which extends south to Tara Heights Apartments, which is located in the C-Urban Residence (RC) zoning district, and finally to the remainder of the site, from Tara Heights to Spit Brook Road, which is zoned PI.

Tara Heights Apartments currently has no vacant units, further showing the need for additional rental units in the City.

All areas north of Tara Heights are undeveloped and consist, in part, of approximately 110 acres of land that is zoned PI. The area zoned RC is currently developed and consists of 584 apartment units, with all units consisting of one or two bedrooms, along with 2 clubhouses and 2 salt-water pools.

The remaining area to the south of Tara Heights consists of roughly 170 acres of land zoned PI. Within this area there is a hotel (Hilton Homewood Suites), 3 office buildings, a medical facility, 875.000 sf of manufacturing, research & development and office within 100, 200, and 300 Innovative Way, and Tara Commons, which consists of various uses from convenience store and Craft Beer store to medical and exercise facilities. Currently under construction are 28 townhomes, 28,800 sf of flex-warehouse space, a 10,500 sf brewery restaurant, and a self -storage facility. Recreational facilities, including a beginner ski slope, soccer/lacrossc field, tennis court, basketball court, walking trails and picnic tables round out the site features.

Section 2 - G a t e w a y Hills Requested Zoning Change

As described, above, Gateway Hills consists, in part, of approximately 280 acres of land that is zoned Park Industrial (PI). This zoning change request is for only 31.55 acres of that 280 acres, with 4.6 acres being within the Tara Heights Apartments parcels simply for continuity of the zoning district, leaving 26.95 acres rezoned for new development. Should this zoning change be allowed, there will still be over 248 acres of Pi zoned land remaining within Gateway Hills, which is still far more PI zoned land than any other tract in the City held by any private owner.

By approving this change, needed housing stock will be added to the housing availability within the city. In addition, construction of this additional housing will result in a generous positive yearly fiscal impact to the city, as well as potential improvements to Spit Brook Road or a contribution to the City's traffic fund that is being used to study the D.W. Highway and Spit Brook Road corridor. In addition, the applicant is open to discussing other needs the City might request.

Section 3 - Positive Fiscal Impact of Apartment Development

Earlier this year, a Fiscal Impact Analysis was prepared by Fougere Planning & Development. Inc. to evaluate the fiscal impact to the City of Nashua should this area be developed as multi-family. The report breaks down everything from the number of bedrooms in a unit to impacts on the school system, and more specifically, impact to the Bicentennial School, which affects the immediate neighborhood. The Bicentennial School was looked at as a separate item based on concerns from neighbors that were expressed to us during one of our many Neighborhood Meetings. The report states that the development will generate $812,554 in yearly taxes. In addition, it is estimated that an additional $129,654 in motor vehicle registration fees will be collected by the city, resulting in $942J0H in additional yearly revenue that the City of Nashua will receive. While not necessary, Municipal costs in the amount of $45,000 toward a part-time teacher (not necessary based on input from Nashua School Districts Chief Operating Officer), as well as $22,050 in miscellaneous costs, in addition to $60.000 total for the Police and Fire Departments, the NET POSITIVE yearly fiscal impact to the city will be a minimum of $815,158. Additional one-time fees such as building permit fees and School Impact Fees will bump that number over $1.000,000.

School enrollment was an issue that was brought up during our Neighborhood meetings that was looked at more closely and broken out separately to see the direct impact to that one school in the neighborhood. From 2013 to 2019 (pre-pandcmic), there was an 8.8% reduction in enrollment to the Bicentennial School (10.1 % reduction overall in Nashua). Based on the Fiscal Analysis, it is expected that 19 students will attend elementary school, with I middle school attendee, and 4 high school students.

Mr. Fougere also met with Mr. Daniel Donovan, Nashua School Districts Chief Operating Officer to obtain a clear understanding of the potential impacts to the school district. The largest addition of students would be to Bicentennial (19 students) and based on that number. Mr. Donovan did not foresee any capacity issues at Bicentennial nor any of the other schools in the district. Mr. Donovan further mentioned that in the fall of 2021, preschool students would be moved from Bicentennial to a new facility at 55 Franklin Street, freeing additional space at the Bicentennial School, while placing preschool students in a more appropriate setting.

The full Fiscal Impact Analysis is included in Appendix A.

Section 4 -Response /Adherence to A p r i l 2 2 , 2 0 2 I L e t t e r toNashua Zoning Board from Nashua Director of Economic Development

On the day of our April 22. 2021 hearing with the Zoning Board for the previously requested variance, a letter was received from the Nashua Director of Economic Development. This section of the report is to respond to the relevant portions of that letter, as it pertains to this site and the current by-laws and requirements of the City. We hope that these responses continue to show our desire to work with the City as we have since starting development within Gateway Hills almost 10 years ago. The letter was dated April 22. 2021 to the Nashua Community Development Office from Nashua Director of Economic Development Tim Cummings. That letter is included in Appendix C.

In that letter, it was stated that this overall tract of land is "one of the last few tracts of large land areas available to attract a large number of jobs and be an economic engine for the southern New Hampshire region." It is clear, in this request for a zoning change, that minimal impact is occurring to the PI district. Further, the Fiscal Impact Analysis, which was discussed in Section 3, states that the net POSITIVE fiscal impact to the City resulting from development based on this zoning change will be over $800,000 per year, plus building permit fees and a one-time School Impact Fee associated with any residential project that is proposed. In short, there is more than an ample amount of land remaining to develop in accordance with the PI district, while providing housing that will generate a very large positive fiscal impact to the City.

The April 22, 2021 letter also states, in part, that the previous variance request would result in impacts "so severe and the community will not have had an opportunity to properly assess them". In response to this particular statement, we have had multiple neighborhood meetings, at which, the concerns were traffic and school impact. The Fiscal Impact Analysis, contained in Section 3, above, includes statistics on school impact, as well as impact to Police and Fire Departments, among other things. Neither the Police nor Fire Depaitment had any issue with an additional residential development being constructed in the area shown to be re-zoned. In addition, the School Superintendent stated very clearly that there would be no adverse imtxict to the school system, including the Bicentennial School, which was the school of concern with the neighborhood. In regard to traffic, included in this section, for reference, is a table prepared by our traffic engineer. VHB, which clearly shows the reduction in traffic at peak hours into and out of the site. For clarification, currently, traffic is more prevalent coming into the site in the morning and leaving the site in the afternoon. With the construction of apartment/townhouse housing, in the morning peak hour there will be 215 LESS vehicle trips INTO the site and 30 vehicle trips EXITING the site compared to the previously proposed 240.000 sf Research and

Development building due to the fact that peak traffic flow for the proposed housing is OPPOSITE the predominant flow of traffic into/out of Gateway Hills. In addition, there will be 130 LESS trips leaving the site in the afternoon. In layman's terms, there will be NO traffic impact as a result of this zoning change and future project. All of that said, should the Planning Board, during the site plan process, request that the John Flatley Company either improve Spit Brook Road or contribute to the City's aforementioned D.W. Highway/Spit Brook Road traffic study fund. Improvements, if required by the Planning Board, would include a combination of widening the roadway from Tara Blvd. to a location to the west that will allow traffic heading east to continue in that direction in two lanes while adding a left-turn lane for traffic turning into Gateway Hilts. In addition, a slip lane will be added on the westbound side Spit Brook Road to allow traffic to tun into Tara Commons, while allowing through traffic to the west to continue unimpeded by traffic turning into Tara Commons. This layout has been reviewed by the City 's Traffic Engineer and our traffic consultant. VHB, is prepared to begh design process. Again, this is not a requirement and is not necessary in any way for the proposed future residential development, but to keep Spit Brook Road traffic moving effectively as non-residential developments are permitted and built not only at Gateway Hills, but other properties to the east and west, we believe it would be a great benefit to the City to either contribute to the City s overall traffic study for this area or do this work as a condition of the zoning change, should the Planning Board require the improvements instead of the contribution to the City's traffic study.

I

Section 5 - Closing/Summary

• The John Flatley Company has filed paperwork with the Nashua Board of Alderman to have approximately 31,55 acres of land re-zoned to RC from Park Industrial (PI). A portion of this area is within the already developed Tara Heights Apartments. This zoning change will leave over 248 acres of PI land available within Gateway Hills for Pl-zoned uses.

• There is currently a 73.400 sf Self-storage facility and 39,300 of flex'warehouse space and restaurant/brewery under construction at Gateway Hills, in accordance with the PI District, showing our commitment to various uses within the site.

• As shown in Appendix B. the traffic flows for the site will not adversely impact the daily traffic on Spit Brook Road as the predominant flow of traffic will be OUT of the site in the morning and IN to the site in the afternoon, which is opposite the predominant flow of traffic for non-residential uses.

• There will be an overwhelming net positive yearly fiscal impact to the City of Nashua with the approval of this zoning change request ($800,000+). in addition to one-time fees, as well as either improvements to Spit Brook Road (cost exceeding $500,000) or a donation to the City's traffic study o f D . W . Highway and Spit Brook Road.

Appendix A

Fiscal Impact Analysis by Fougere Planning & Development

<>' M • : T, *V- * '¿"¿Aite a G& .

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t e • • . á f i k M r i W '

A p p l i c a n t : J o h n F l a t l e y C o m p a n y

J a n u a r y 1 5 , | 2 0 2 1

t r e p a r e d By

Fougère [Manning & Deve lopment , Inc.

L L L L

FOUGERE PLANNING & DEVELOPMENT, Inc. Mark J. Fougere, AICP

253 Jennison Road Milford, New Hampshire 03055 Ph : 603-315-1288 email: [email protected]

FISCAL IMPACT ANALYSIS The Charlotte Nashua, NH

January 15, 2021

Introduction

Fougere Planning and Development has been engaged by the John J. Flatiey Company to undertake this Fiscal Impact Analysis to outline the potential financial benefits to the City of Nashua from the proposal to construct a 294 unit apartment complex that will include both a garden style building and townhomes adjacent to the existing Tara Heights development (564 units). The project will consist of one, five stofy building containing 266 units with parking located underneath, along with a clubhouse & pool. In addition there wilt be 28 townhome two bedroom apartment units. Table One breakdown the bedroom unit types. Additional onsite parking will also be provided Based upon an existing population in Tara Heights of 1.53 persons per unit, an estimated 450 people may reside within the new development. This project is expected to be constructed over a period of two years. The project site consists of-approximately 18.85 acres containing rolling hills and woodlands.

Table One Apartment Unit Breakdown Unit Type Number Units

Studios 57

One Bedroom 114

Two Bedroom 123

I


All on site drives and trash pickup will be privately maintained; public water and

sewer will service the property with user fees covering all costs. To gain a full

understanding of the fiscal ramifications to Ihe community, this report will provide

a fiscal analysis of the proposed project.

Local Trends

Census figures report that from 2000 to 2010 Nashua s population decreased

from 86,605 to 86,494, reporting a small decrease in population over the 10 year

period. The most recent Census1 data reports Nashua's population to be 88,872

Approximately 45% of Nashua's housing stock consists of single family homes,

with the most recent Census data reporting 17,608 single family homes out of a

total housing stock of 39,035 units; Figure One.

Figure One Housing Breakdown

Budgets

The City's most recent budget totals $270,319,074. The Education Department,

along with Police and Fire, are some of the largest Departments in the City

Given the nature of the proposal, these Departments will be the most directly

affected by the proposed project and as such, will be closely reviewed h this

analysis. Figure Two outlined the percentage breakdown of the budget.

Figure Two Budget Percentages

Transfers C.nor i l 2 Government

A. Fiscal Methodology Approach

Fiscal Impact Analysis can have many connotations, this analysis will follow the

classic definition of fiscal impact as follows 'A projection of the direct, current public

costs and revenues associated with residential or nonresidential growth to the local

jurisdiction in which the growth is taking place."

There are a number of methodologies that are used to estimate fiscal impacts of

proposed development projects. The Per Capita Multiplier Method is the most

often used analysis to determine municipal cost allocation. This method is the

classic "average" costing method for projecting the impact of population growth

on local spending patterns and is used to establish the costs of existing services for a new development. The basic premise of this method is that current revenue/cost ratios per person and per unit is a potential indicator of future revenue/cost impacts occasioned by growth. New capital expenditures required for provision of services to a development are not added to current costs; instead, the present debt sen/ice for previous improvements is included to represent ongoing capital projects. The advantage of this approach is its simplicity of implementation and its wide acceptance by both consultants and local officials. The downside of this approach is that the methodology calculates the "average" cost as being the expected cost which is often not the case and costs can be understated or exaggerated; significantly in some instances. If one student is added to a school system, limited cost impacts will occur; however, based on an "average" cost to educate one student the cost would be noted as $18,000/year which includes such costs as existing debt, building maintenance, administrative and other factors, alt of which will be minimally impacted by the addition of one student. Jhe "true cost" could be significantly less, especially in those communities with declining enrollment.

The Marginal Cost Approach is a more realistic methodology that can be used to estimate and measure developmental impacts based on actual costs that occur in the community. At this time, a "level of service" exists in Nashua to serve the community. This existing service level, f a the most part, addresses the needs of the community through existing tax collections. As new development occurs, pressures are placed on some departments to address increased demands, while other departments see negligible, if any impacts. In reviewing the potentially impacted town departments specifically, a truer picture of anticipated cost impacts can be determined. The Report will use this methodology unless discussions with Department heads lead to no definitive cost conclusion, in which case the Average Costing Method will be applied.

Given the nature of the proposed development project, as will be shown by the analysis below, few significant impacts will be felt by City departments. Any required off-site road improvements will be addressed during the approval

II

process. Solid waste generated by this project will be removed by a private

hauler. Any construction related or operating utility expenses will be offset

through user fees. Ail on-site improvements will be private and all maintenance

expenses will be paid for by this project owner. This report does not intend to

infer that few costs will be incurred as a result of this project. Measurable

impacts will certainly be felt by a few City Departments, most notably the School

Department along with the Police and Fire Departments. Other City agencies will

see little or no measurable impacts.

B. Local Revenues From Development

A) Property Taxes

Local property taxes provide the bulk of municipal revenues for New Hampshire

communities. The 2020 Tax Rate for Nashua is $22.61; Figure Three outlines

the breakdown of the tax rate. For purposes of this Report, a tax rate of $21.45

will be used which excludes the County Tax Rate.

Figure Three Tax Kate

Scuool

Stnfr' School

Table Three outlines the anticipated municipal tax revenue that will be generated

by the proposed project. The estimated assessed value is derived from a per

unit average of the existing 564 unit Tara Heights project. Based upon the most

recent property assessment for Tara Heights, a per unit value of $128,848 was

calculated. Based upon The Charlotte's density of 294 units, a total project value of $37,681,312 has been estimated, generating $812,554 in local property taxes. The existing Tara Heights development generates $1,558,000 in yearly local property tax revenue.

Table Three Anticipated Property Tax Revenue

Per Unit Value # Units Value Local Tax Revenue $128,848 294 $37,881,312 @$21.45/$1,000- $812,554

B) Miscellaneous Yearly Revenues

Another major revenue source for the community is from motor vehicle

registration fees, which generates millions of dollars of local revenue yearly.

Table Four outlines the projected revenue stream for the proposed project.

Table Four Motor Vehicle Permit Fees

$294z x 441 vehicles3 « $129J354~

C) Total Project Revenues

The proposed development is expected to generate $942,208 in gross tax revenue from both property taxes and automotive permit fees; Table Five.

Table Five Projected Gross Revenue

Est. Prop. Taxes $812,554 Est. Car Reg. $129,654 Total Revenue $042,208

1 Clerks office, Average registration cost for higher end apt. 1 1.5 vehicles per unit, based on Tara Heights 1 data.

II

B. Municipal Service Costs

Given the nature of the proposed development project, as will be seen by the analysis below, few significant impacts will be felt by City Departments. Solid waste generated by the project will be removed by a private hauler. Any water and sewer expenses will be offset through user fees. All of the proposed new driveways will be private and all maintenance expense will be paid for by the project owner. This is not to infer that no costs will occur as a result of this project Measurable impacts will be felt by a few City departments, most noticeable the School Department, Police and Fire Departments. It should be noted the costs outlined are "estimates" and no actual costs will be seen without review and approval by appropriate department heads, administrators and City elected officials.

Police & Fire

The Police and Fire Departments are projected to experience some measurable impact from the proposed project. For fiscal year 2020, the Police Department budget was $31,649,202 and the Fire Department budget was $24,540,642. To assess the degree of impact this project may have on these departments, calls to the existing 564 unit Tara Heights were analyzed. Emergency call data was obtained from the police and fre departments and averaged to determine the numbers of calls annually per unit. These ratios were then totaled to derive a total average call volume per unit, which was then used to generate projected emergency calls for each Department; Table Six.

Extrapolating from the comparable call data, increases are projected to the City's Police and Ftre Departments. Annual Police calls are projected to increase by 48 calls per year (less than 1% increase), annual fire calls are projected to increase by 21 calls per year (less than 1%).

II

Table Six Average Calls: Police-Fire

Project Town Units Avg. Call Per Unit

Projected Calls j

Tara Heights Nashua 564 91 0161 Proposed Project

————I 294 0.161 48

r — " " Avg.Call Projected Project Town Units • Per Unit Calls

Tara Heights Nashua 564 40 0 0 7 Proposed Project 294 , 0.07 21

Police Department

The Police Department will see the largest increase in call volume with 48 calls

projected To put the call volume into perspective, the Department averages

96,300 calls4 a year (1.851 per week). The proposed project will add an average

,88 calls per week. To account for Police costs, an average cost per call was

calculated and based upon an estimated 48 calls, results n an estimated Police

cost impact of $15,792 Table Seven To be conservative, we will carry a cost of

$30,000 for police "costs '

Table Seven Police Department Costs

FY 2020 Est. Annual Department Budget Calls Cost/call Calls Cost Police $31,649,202 96,300 $329 48 $15,792

Fire Department

A projected increase of 21 calls is anticipated for the Fire Department. This

increase call volume projection represents less than a 1% increase (.0005%) in

overall calls. To account for some cost to the Fire Department, the Departments

budget was divided by the total calls to arrive at a cost per call of S736; Table

Eight. This average cost approach generates an estimated yearly Fire

Department impact of $15,456

I merletto. call J.iti ohbuncti frutti the [vJu.v ikpjrtnw.m < rune \n.il»i .inj du- l ite Mjrsh.il'> (llïiix

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I Table Eight

Fire Department Costs Department FY 2020 Budget Calla Coat/call Est Calls Annual Cost Fire $24,540,642 33,362 $736 21 $15,456

As with the Police Department, to be conservative, we have increased this cost to $30,000 to account f a all potential costs

Other Departments

As noted previously, all roads within the development will be private along with refuse removal and water expenses will be addressed through user fees. Given the type of development proposed and the onsite amenities provided, no other measurable impacts are anticipated to other City departments. To be conservative, we will account fa a miscellaneous cost5 of $22,050.

1 Potential other municipal costs estimated at $75/uiut.

B) School Costs As noted above, 55.5% of the tax rate is allocated for schools. This high ratio is

typical in most New Hampshire communities and demonstrates that a high

percentage of local taxes go towards supporting the school system. Based on

the subject sites location, students living at Tara Heights will attend the

Bicentennial Elementary School, the Fairgrounds Middle School and Nashua

High South.

School Enrollment Trends

The City of Nashua has 17 schools within the community, 12 elementary schools,

three middle schools and two high schools. Over the last seven years, overall

enrollments have fairly level, with elementary schools enrollment declining 10.4%

(Bicentennial -8.8%) the middle schools decreasing 2.2% and the high schools

decreasing less than 1%; see Table Nine & Figure Four.

Table Nine Enrollment History 2013 - 2019/20

2013 ; 2014 2015 ! 2016 2017 2018 f 2019 % Change 2020 Bicentennial 624 617 646 610 617 620 ' 569 -8.81% 458 Total Elementary 5,635 5501 5405 5,300 5.255 5.199 ! 5.045 -10 47% 4.397 Middle School 2,512 2 414 2.425 2.349 2.381 2.415 2,456 -2.23% 2,318 High School 3,522 3,573 3.547 3.529 3,476 3,547 3,523 0.03% 3,450

Total Enrollment 11.669 11.448 11.377 11178 11.112 11.781 ! 11,593 -065% 10623

Figure Four

Based upon the most recent enrollment projection data6- over the next seven years enrollments are expected to continue declining in a range from 893 -1,136 students system wide based on three projection estimates that have been developed. It should be noted that when Tara Heights phase I was proposed in 2010, total school enrollment was 12,385.

Estimated School Age Children

To determine the potential enrollment impact to the school system, the number of children that may live in a development must be calculated; school age children ratio (SAC). As previously noted, the complex will have 294 units with 57 studios, 114 one bedroom and 123 two bedroom units. Typically studios and one-bedroom units do not generate school age children.

The existing Tara Heights apartment complex contains 564 units, 318 of which are two bedrooms. One bedroom units do not generate school age children (SAC). Based on information from the Nashua School District in June/2020, there were 34 SAC residing7 within the existing apartment complex (47 SAC in 2018). To be conservative, we will use the 2018 enrollment data in this analysis. Using this data a per unit SAC8 ratio of .148 (47/318) is derived for the two bedroom units. The proposed development program will include 266 garden style units with only 95 of them being two bedroom units. In addition, there will be 28 two bedroom townhome rental units. Based on the Table Ten outlined below, it is estimated that 24 SAC may reside within the proposed apartment development.

6 School District enrollment projections. 7 20I9/2020 enrollment figure. 1 The Fiscal Report completed n 2010 estimated a per unit SAC of .14

II

Table Ten Ejt'mated SchoolAge Children

Project Two Beds

Units School Age

Children Avg.SAC Per Unit Est SAC

Tara Helahts Existim 318 47 0.148 Protect Garden 95 0.148 14.06

Townhomes4 28 0.340 9.52 Totals 24(23.58)

Based on the school grade breakdown found at Tara Heights in 2018, it is estimated that 19 of the children will attend elementary school, 1 middle and 4 high school.

Table 11 SAC Grade Distribution

Grade #SAC Tara Heights 1 - 5 37

6 . 8 3 9 - 1 2 7 Total 47

Project Grade #SAC 1 - 5 19 6 - 8 1

9 . 1 2 4 Total 24

To obtain a clear understanding of the potential impacts to the school district, the Consultant met with Mr. Daniel Donovan, Nashua School Districts Chief Operating Officer. The proposed project was reviewed, along with the estimated school children. Mr. Donovan noted the strong attraction of the Bicentennial Elementary School, but also noted that the Middle Dunstable School has gained a strong reputation as welL The biggest impact will be at the elementary level, but with 19 children spread over five grades he did not believe there would be a problem. To address capacity concerns at the Bicentennial School, the Administration has undertaken a number of steps recently. Within the last year special needs programs were moved out of the school to increase capacity. In addition, within the next year preschool students will be relocated to 55 Franklin

' School age children data obtain from NH Housing Finance Authority study by AER. II

Street a new facility the District is acquiring freeing additional space. Mr,

Donovan does not believe a teacher would be needed based on the estimates for

phase II. To be conservative, we will estimate the cost of half a teacher

($45,000).

II

SUMMARY Table 12

Fiscal Summary Gross Property Tax & Auto Registration Revenues $942,208 Municipal Costs

Police -$30,000 Fire -$30,000

Misl. -$22,050 School Costs -$45,000

Total Estimated Costs -$127,050 Net Positive Fiscal Impact +$815,158

Based upon the report's findings, gross yearly revenues generated by the

proposed project will total $942,208. The anticipated yearly fiscal impact to the

City of Nashua is estimated to be $127,050, resulting with a yearly positive fiscal

impact of approximately $815,158. Key findings supporting this conclusion

include:

r An estimated $815,158 yearly positive fiscal impact will occur to the

community, with actual positive revenue exceeding this figure

Calls to the Police Department are projected in increase by less than 1%

r Calls to the Fire Department will realize less than a 1 % increase in call

volume.

^ The proposed project will include private drives and trash collection.

^ Overall declining school enrollment is anticipated to continue and 24

school age children are expected to reside within the development

creating limited impact on the District.

I

Appendix B

Traffic Memorandum with supporting Trip Generation Data

fi'

y i b To: Mr Wayne Husband

Oty of Nashua

Traffic Superintendent

13 Stadium Drive

Nashua, NH 03062

Date: August 8, 2019

Project tt. 52103.04/07

Memorandum

From: Robin Scusa

Managing Director

Re Trip Generation Comparison to Support Gateway Hills Variance

f o r Apartments & Townhouses at Gateway Hills

Nashua Technology Park- Spit Brook Road, Nashua, NH

Trip Generation

Trip generation estimates for the 240,000 SF of research and development space and the residential units were calculated using rates published by the Institute of Transportation Engineers (ITE) in Trip Generation' As shown in Table 1, a direct comparison of the R&D and residential development programs shows that the residential uses will generate substantially less traffic than the R&D use. More specifically, the residential uses are expected to generate 215 fewer trips entering the site during the weekday morning peak hour, but 30 more trips exiting -for a net difference of 185 total fewer trips. During the weekday evening peak hour, the residential land uses are expected to generate 35 more trips entering the site, but 165 fewer exiting - for a net difference of 130 trips. Supporting trip generation calculations are attached herein.

E\l\thitl Site Lncahm

2 Bedford Farms Drive

Suite 200

Bedford, NH 03110-6S32

P 603 3913900

1 Trp Generation TO" Edition, Institute of Transportation Engineers, Washington D.C, 2017

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This memorandum has been prepared to support the variance request for the portion of the Gateway Hills development program that was previously intended to house 240,000 SF of research and development (R&D) space in two buildings at Nashua Technology Park located off Spit Brook Road in Nashua, NH. The property is located behind (north of) 100,200, and 300 Innovative Way, east of Research Drive, and south the Tara Heights Apartments (see Exhibit 1).ln lieu of the research and development space, the John Platley Company proposes to construct approximately 268 apartment units and 28 townhouses.

I

Ref: August 8, 2019 Page 2

TABLE 1 TRIP GENERATION COMPARISON

240KSF 268 Net Difference R&D Apartments 28 Towrthouses (Residential-R&D)

peak Period

Weekday AM Peak Hour Enter 245 25 5 -215

Exit .50 70 10 +30 Total 295 95 15 -185

Weekday PM Peak Hour Enter 45 70 10 +35 J t 2 0 J _5 J65 Total 265 120 15 -130

Nates: Trip Generation £ stimate is based on the institute c( Transportation Engineers (ITE) Tnp Generation (10th Edition) Land Use Codes 760 (Research and Development Center). 220 (Multifiimily Law-Rise for Tewnhouses), and 221 (Multifamily Mid-Rise fcr Apartments).

Conclusion

The proposed residential uses are anticipated to result in substantially lower trip generation during the weekday morning and evening peak hours when compared to the previously proposed research and development buildings. Perhaps more importantly, the change in land use provides the added benefit of providing more balance to the directional flow of traffic entering and exiting Nashua Technology Park during the weekday peak hours. Under the existing conditions, the dominant traffic flow patterns are reflective of an office park with heavy flows entering the site in the morning and exiting the site h the evening. The residential dominant traffic flow will be in the reverse direction and will have no notable impact on the internal roadway system at Nashua Technology Park, nor the external impact on Spit Brook Road at the intersection of Tara Boulevard.

Wvii>\ylV\p'Ci\()fdiof<fvS210lew fUttry tur 2\do<t\nv<TY»\Rti0rmg\RrvKt<J Inp O r Mimo to Support Zo«ng fl-ft-19 doti

Appendix C

April 22, 2021 Letter from Director of Economic Development

THE CITY OF NASHUA K'lihillllk. l)clclll|>IIKII(

"The Gate dry

April 22. 2021

Mariellen Mackav. Chair C o Nashua Com muni t \ Development Office 229 Main Street Nashua. Nil f>3060

Rc: Opposition to 200 Innovative Way Use Variance by John .1. Fl alley Company

Dear Chairwoman VlacKav:

l a m writing in opposition to the requested use variance lion» land use code 190-15. Where the applicant is seeking a use variance to develop 266 residential apartment style units and 28 townhomes st> b units.

Without question the City of Nashua needs more housing and its a community we should strive toward creating more housing of all types lor otr residents: however, that does not mean vie should create housing at all costs. In fact, there is a neighborhood and acommunitv thai will be impacted should vou approve this variance. The fiict is approving this variance will be contran to the public ¡merest, because the land is zoned as park industrial and us one of iho last lew tracts of large land areas available to attract a large number of jobs and be an economic engine for tlie southern New I laiupshire region.

l a m asking that you reject this variance request and recommend that the applicant more appropriately be directed to a zoning change where the communilv as a whole can participate through a legislative process. It is through a zoning change the appropriate impacts can be assessed and a better community for all can be realized. A use variance of litis nature does inn meet the spirit of the city's zoning ordinance, because the impacts will tx- so severe and the community will not have had an opportunity to properly assess them.

Finally. I would he reniss not U) point out that the dl> through the Office of licononic Development started to work with the applicant on crnt ling a zoning ordinance, which would have addressed (he issues outlined above, hut the applicant instead chose to pursue this process believing it would lie more expedient. I respectlullv submit thai 294 units of residential housing as contemplated on park industrial land should have a Board of Aldermen legislative process.

Thank vou for your consideration of this issue and if I can he of am assistance relative to this matter or am other please do not hcsitale to contact me.

Kindest regards. /

Tim Cummings Director of lixononic Development City of Nashua

C'c: Member of the Board of Zoning Adjustment

r Appendix D

Proposed Rezoning Land Use Exhibit Plan

r

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BUDGET REVIEW COMMITTEE AGENDA - Nashua, NH

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