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August 23. 2012 12:59AM

Nashua committee gives approval to conservation, recreation easements

NASHUA — Two easements from North Concord Street Properties were approved by an aldermanic committee on Wednesday.

Last night, the Committee on Infrastructure recommended final passage of a 3-acre conservation easement deed for a portion of property around the water tank off Concord Street.

It also recommended final passage of a separate, 3-acre recreational easement on the same parcel for an athletic field near Pennichuck Middle School.

The easements still need to be approved by the full Board of Aldermen for final adoption.

The conservation easement is intended to preserve the area located west and north of the water tank and is not intended for public access or use.

“The land is to remain in its natural state except for certain drainage/water management installations and utilities,” states the document, which is being granted to the City of Nashua by North Concord Street Properties.

And, six months after a local resident, Geoff Daly, filed a civil suit against the city and two other entities arguing a recreational area behind Pennichuck Middle School is not easily accessible or available for public use, aldermen are now supporting a recreational deed to address some of those issues.

“The amendment provides that the primary, but not exclusive, use of the (recreational) easement may be used between the hours of 8 a.m. and 9 p.m.,” states the document, referring to an athletic field adjacent to Pennichuck Middle School.

While improvements such as bleachers or lights may be made to the area under the easement, marching bands — both private and school-affiliated — are prohibited from taking advantage of the easement, according to the city’s legal counsel.

“They don’t want marching bands there when they have a development across the bog,” said Attorney Stephen Bennett.

A 33-acre piece of land on Concord Street — the last piece of undeveloped Pennichuck property in Nashua — was previously bought for $2.2 million by North Concord Street Properties in a land deal that was finalized just days before the city acquired the water company earlier this year.

The large parcel — in which both of these easements sit — is slated to be developed into an 85-unit elderly housing complex known as Hayden Green. Some city officials opposed to the construction previously attempted to stall the project and potentially buy back the land, but to no avail.

Development there is already moving forward.

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Kimberly Houghton may be reached at khoughton@newstote.com.

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