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Special Board of Aldermen 06-23-2021 Page 2

Alderman Jette
Here.

Alderman Laws
Here.

President Wilshire
| am here.

Susan Lovering, City Clerk

You have 8 physically in attendance.
President Wilshire

Thank you very much. As is customary, also with us this evening is Corporation Counsel Steven Bolton.
As is customary, | will turn the meeting over to the Chair of the Infrastructure Committee, Alderman-at-
Large Mike O’Brien.

Chairman O’Brien

Thank you Madam President. Before us this evening is a public hearing on R-21-147. At this particular
time, members of the public will be able to come up and give us testimony in favor. After the completion of
the testimony in favor, | will then ask for testimony in opposition. | will then again ask for those who did not
get the opportunity to speak for testimony in favor, | will re-ask the question for that testimony and then
repeat again for testimony in opposition. When people do come forward, please state for the record your
name and your address and then also there will be a time limit as per our custom of three minutes. So
therefore, | will open up the Hearing. | am looking for anybody who would like to come forward and discuss
testimony in favor.

Steve Bolton, Corporation Counsel

Just a correction the Public Hearing is on the Petition for Street Discontinuance. It is not on the Resolution
for the conveyance of that discontinued portion.

Chairman O’Brien

Thank you Attorney. Yes, this is for the discontinuance as stated by Corporate Counsel, so yes, thank you.
Alderman Dowd

Are you going to have somebody explain? We usually give somebody an opportunity to explain.

Chairman O’Brien

Alderman Jette? If not, | can if you wish.

Alderman Jette

No I'd be happy to take a stab at it but | think Attorney Westgate is on the meeting.

Special Board of Aldermen 06-23-2021 Page 3
Chairman O’Brien

Mr. Westgate would you like to explain what we are doing here.

Attorney Westgate

I’d be happy to, Mr. Chairman and members of the Board. Thank you all for giving us the chance to appear
tonight. My name is Brad Westgate, | am lawyer with Winer & Bennett, 111 Concord Street in Nashua. |
represent Etchstone Properties, the petitioner. | submitted a letter at the end of last week, Mr. Chairman, to
the Board that summarized the purpose of the petition and the reasons behind it. In a nutshell, it is pretty
straight forward. Groton Road on the north side of it, Etchstone Properties obtained Planning Board
approval to develop 25 single family unit conservation subdivision which now is in the process of
development. (Inaudible) ownership. Hayner Swanson the project surveyors and engineers did a lot of
research determining the status of Groton Road as part of their typical detailed analysis of any project that
they seek approvals for.

What they found was that there were two areas of Groton Road that were laid out many, many years ago.
One area which we call Discontinuance Area A in our Petition is a set of a couple triangles on the north
side of Groton Road that was laid out in 1799, if you can believe that. Many years later in 1937 the State
realigned Groton Road. So what you see now for Groton Road as you go out there is what was established
by the State in 1937. But these old triangles along the north side in Etchstone’s property, remember this
continued. So they are not used, they haven’t been used for all this time but they are technically not
discontinued streets.

In 1847 there was another section of probably what was intended to be Groton Road. Hayner Swanson
found that too but couldn’t plot it, couldn’t put it on a plan in effect. So it may be likely does go through this
Terrell Farm project but it can’t be found if you will. So neither these sections of what | would call the Old
Groton Road in our petition are used today. They are not necessary to be used, the serve no purpose but it
is the kind of thing that a developer and new property owner would want to move off the books if you will
out of the record of title because they are merely a historic encumbrance of no purpose. We have been
before the Planning Board, the Planning Board gave a favorable recommendation last week to the
proposal. As | said, | submitted a letter that summarized the purposes as well. Corporation Counsel has
reviewed the application, she’s been very judicious and cooperative with me, came up with good ideas on
it. The fundamental conclusion that Corporation Counsel Celia Leonard came to was that the City be
granted an easement for two portions of sidewalk that will be on Terrell Farm Property, there’s going to be
a sidewalk along part of this project, some of which is in the Groton Road right of way; a couple of pieces of
which are not. We agree because obviously we were going to build that sidewalk anyway, it was a
condition of approval from the site plan granted by the Planning Board but we certainly understand and
agree that we should grant an easement to the City for those portions of the sidewalk on the Terrill Farm
piece.

Attorney Leonard has revised the Memo that she sent to the Board that correlates into Resolution 21-147
that Corporation Counsel Bolton just referenced. We are in full agreement with the approach Attorney
Leonard has suggested. | don’t want to take up any other time, Mr. Chairman of the Board, you have items
tonight. | am happy to answer any questions. We will stay on the meeting during your Infrastructure
Committee Meeting, Mr. Chairman, if there’s questions there. | assume the Board will simply address it
internally then but | will stay available if you need any further information from us. And we thank you very
much.

Chairman Dowd

Thank you Attorney Westgate. Any comments or questions from members of the Board to Attorney
Westgate? Seeing none, thank you sir. Alright to get back to the business at hand, | will now open up the
Hearing for the Petition of Street Continuance of Old Groton Road with testimony in favor. Is there anybody
in attendance in the Chamber or on Zoom? If you are on Zoom, please raise your hand, hopefully | will be

Special Board of Aldermen 06-23-2021 Page 4

able to see that and you will be recognized to speak. Again to remind you, there is a three minute limit. So
therefore, | will open up to testimony in favor.

PUBLIC HEARING
PETITION FOR STREET DISCONTINUANCE — (OLD) GROTON ROAD
TESTIMONY IN FAVOR - None

TESTIMONY IN OPPOSITION - None

TESTIMONY IN FAVOR - None

TESTIMONY IN OPPOSITION — None

Attorney Westgate

Mr. Chairman | neglected to just indicate that in the Chamber tonight is David Petropulos who is Treasurer
of Etchstone Properties; Tom Zajac, the Project Engineer at Hayner Swanson and on Zoom in Jaron
Slattery, President of Etchstone Property. | just wanted to know that these gentlemen were in attendance.
Thank you.

Chairman O’Brien

Thank you Attorney Westgate.

Chairman O’Brien closed the public hearing on the Petition for Street Discontinuance (Old) Groton Road at
7:17 p.m. | would like to remind the public that immediately following this we are going to go into the
Infrastructure Committee Hearing where this will be brought up again as well as other items. So please
stand by.

ADJOURNMENT

MOTION BY ALDERMAN LOPEZ THAT THE JUNE 23, 2021, SPECIAL MEETING OF THE BOARD OF
ALDERMEN BE ADJOURNED, BY ROLL CALL

A viva voce roll call was taken to adjourn the Board of Aldermen meeting which resulted as follows:
Yea: Alderman O’Brien, Alderman Dowd,

Alderman Lopez, Alderman Tencza,

Alderwoman Lu, Alderman Jette, Alderman Laws,

Alderman Cleaver, Alderman Wilshire
Nay: 0
MOTION CARRIED

The meeting was declared adjourned at 7:18 p.m.

Attest: Susan Lovering, City Clerk

David K. Pinsonneault Brian C. Kelly*
J. Bradford Westgate* : y Brenner G. Webb
Kent M. Barker Barbara W. Halevi*

John M. Edwards*

. *
W Peter W. Bennett (retired)
All Admitted in NH INeP and Bennett, LLP Peter G. Webb (retired)
*Admitted in NH and MA S. Robert Winer (1920-2019)
Attorneys at Law John V. Dwyer, Jr. (1946-2013)

www. winerbennett.com

June 18, 2021

VIA EMAIL AND REGULAR MAIL

City of Nashua
Board of Aldermen
PO Box 2019
Nashua, NH 03061

Re: __ Petition for Street Discontinuance — (Old) Groton Road
Committee on Infrastructure — Public Hearing on June 23, 2021

Dear Members of the Board:
Winer and Bennett, LLP and I represent Etchstone Properties, Inc.

On May 11, 2021, Etchstone Properties, Inc. filed a Petition for Street Discontinuance to
discontinue (i) a portion of Old Groton Road (laid out in 1799) located adjacent to the northerly
side of (existing) Groton Road and (ii) a portion of a right-of-way (laid out in 1847), the location
of which is unable to be plotted. These are so-called Discontinuance Area ‘A’ and Discontinuance
Area ‘B’ as referenced in the Petition and as depicted on the Discontinuance Plan prepared by
Hayner/Swanson, Inc., appended to the Petition, a copy of which plan is also enclosed with this
letter.

As detailed in the Petition, Discontinuance Area ‘A’ was part of the historical location of
Groton Road, but is not part of the current location of Groton Road given the realignment of Groton
Road by the State of New Hampshire in 1937. Discontinuance Area ‘A’ is part of property
acquired by Etchstone Properties, Inc. in late 2018 now being developed as Terrell Farm
Condominium, a 25 unit, single-family detached community.

Discontinuance Area ‘B’ was laid out in 1847, but its location is uncertain. Consequently,
in light of the current, clearly defined layout (from 1937) of Groton Road, Etchstone Properties,
Inc. seeks to discontinue Discontinuance Area ‘B’ to the extent it may have been laid out over
Terrell Farm since it serves no purpose, not to mention its location cannot be determined.

111 Concord Street
Nashua, New Hampshire 03064
Tel (603) 882-5157 * Fax (877) 395-7335

June 18, 2021
Page 2

Since Terrell Farm Condominium is being developed as a private residential community,
without city streets, and has its direct access from and frontage on Groton Road, and since
Discontinuance Area ‘A’ and Discontinuance Area ‘B’ are wholly located on Terrell Farm
Condominium, approving the Petition has no adverse affect on the rights of the public or others.
Terrell Farm Condominium will function as a private residential community and Groton Road, as
currently aligned, will remain in that same alignment, unaffected by approval of the Petition for
Street Discontinuance and the discontinuance of Discontinuance Area ‘A’ and Discontinuance
Area ‘B’.

On June 17, 2021, the Planning Board considered the Petition for Street Discontinuance
and voted to grant a favorable recommendation to the Board of Aldermen.

The Petition has been reviewed by Celia K. Leonard, Esquire, Deputy Corporation
Counsel, who has provided the Board of Aldermen, the Infrastructure Committee and the Planning
Board with a Memorandum dated June 11, 2011 [sic], accompanied by a revised quitclaim deed
from the City to Etchstone Properties, Inc., explaining that there is no need for a reservation of
easement rights to the City. Attorney Leonard does recommend that the City require that a
sidewalk easement be granted to the City for the sidewalk on Terrell Farm Condominium. There
are two portions of the sidewalk to be constructed by Etchstone Properties, Inc. that will be located
on the land of Terrell Farm Condominium. Etchstone Properties, Inc. is in full agreement to grant
the requested sidewalk easement.

It is respectfully requested that the Board of Aldermen approve the Petition for Street
Discontinuance and also approve Resolution R-21-147 by which the Board of Aldermen will
authorize the City of Nashua to convey all of the City’s right, title and interest, if any, in and to
Discontinuance Area ‘A’ and Discontinuance Area ‘B’, to Etchstone Properties, Inc. pursuant to
the quitclaim deed reviewed and revised by Attorney Leonard on June 11, 2021.

Thank you for your time and consideration.

radford Westgate

jbwestgate@winerbennett.com

JBW:cns

Enclosure

cc: Alderman Ernest A. Jette (via email only) (w/enc.)
Celia K. Leonard, Esquire (via email only) (w/enc.)
Matthew Sullivan, Planning Department Manager (via email only) (w/enc.)
Daniel Hudson, P.E., City Engineer (via email only) (w/enc.)

June 18, 2021

Page 3

Tom Zajac, P.E. (via email only) (w/enc.)

Lee Gagnon, L.L.S. (via email only) (w/enc.)

Jaron Slattery (via email only) (w/enc.)

David Petropulos (via email only) (w/enc.)

Donna L. Graham, Legislative Affairs Manager (via email only) (w/enc.)
Joe Mendola, P.E. (via email only) (w/enc.)

Graham, Donna

J. Bradford Westgate <jbwestgate@winerbennett.com>

Committee on Infrastructure / Public Hearing 6/23/2021 / Petition for Street
Discontinuance / (Old) Groton Road / Etchstone Properties, Inc.

From:

Sent: Friday, June 18, 2021 2:37 PM
To: Board of Aldermen

Ce: Graham, Donna; Dave; ‘Jaron’
Subject:

Attachments: SKM_C454e21061811140.pdf

CAUTION: This email came from outside of the organization. Do not click links/open attachments if source is

unknown.

Dear Members of the Board,

Please see attached my letter to the Board of Aldermen of today’s date setting forth my
testimony for the upcoming public hearing on 6/23/2021 before the Committee on

Infrastructure.

Kindly include this letter in the formal records of the public hearing.

Thank you kindly,

Brad Westgate

wey om Besinett, Ei?
Attorneys at Law

J. Bradford Westgate, Esquire

*Note that we are no longer using a post office box
111 Concord Street

Nashua, NH 03064

Direct Dial: (603) 484-4626

Phone: (603) 882-5157

Fax: (877) 395-7335

E-mail: jbwestgate @winerbennett.com
www.winerbennett.com

This message and any attached documents contain information which may be confidential, subject to privilege, or exempt from disclosure under applicable law. These materials may be
used only by the intended recipient of this communication. You are hereby notified that any distribution, disclosure, printing, copying, storage, modification, or the taking of any action
in reliance on this communication is strictly prohibited. Delivery of this message to any person other than the intended recipient shall not compromise or waive such confidentiality,
privilege, or exemption from disclosure as to this communication. If you have received this communication in error, please immediately notify the sender and delete the message in its

entirety from your system.

WMAP D' LOT 203
PETER & JUDY

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4 WOODBURY DRIVE
NASHUA NH 03082-1006
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CERTIFICATION

PURSUANT TO RSA 878:18, ll AND REA 87208

I CERTIFY THAT THIS SURVEY PLAT IS NOT A SUBDIVISION PURSUANT TO THIS TITLE AND
AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTARL
WAYS ARE SHOWN,

| FURTHER CERTIFY, TO MY KNOWLEDGE, INFORMATION AND BELIEF, THAT THIS PLAN
SHOWS THE RESULTS OF AN ON THE GROUND “STANDARD PROPERTY SURVEY" AND THAT
SAID SURVEY MEETS THE MINIMUM PRECISION AND/OR ACCURACY MEASUREMENTS FOR
SURVEY CLASSIFICATION "U" (URBAN) AS SET FORTH iN TABLE 800.1 OF THE NEW

HAMPSHIRE CODE OF ADMINISTRATIVE RULES OF THE BOARD OF LICENSURE FOR LAND
SURVEYORS ADOPTED 08/23/01, EFFECTIVE 01/01/08,

TFURTHER CERTIFY THAT THIS PLAN IS THE RESULT OF AN
ACTUAL FIELD SURVEY MADE ON THE GROUND AND HAS A MAXIMUM

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ERROR OF CLOSURE OF ONE PART IN FIFTEEN THOUSAND ON ALL
PROPERTY LINES WITHIN AND SORDERIN

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NH 03084
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NAD. 1983 NH STATE PLANE

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CITY OF NASHUA
P.O, BOX 2019

229 MAIN

NASHUA, NH 03060
BK 8287 PG 1875

DISCONTINUANCE AREA 'B'
APORTIGN OF A3 ROD PUBLIC RIGHT-OF-WAY AS LAID
OUT BY THE SELECTMAN ON NOVEMBER 24, 1847
& THIS LAYOUT APPEARS TO HAVE NEVER BEEN
OPENED, BUILT OR USED 8Y THE PUBLIC.
DUE TO AMBIGUCUS LANGUAGE |N THE DOCUMENT,

THE LOCATION CANNOT BE DETERMINED. ay
(SEE BK. 1 PG. 48 OF BOOK OF LAYOUTS AND “te
DISCONTINUANCES ON FILE WITH THE CITY ENGINEERS

OFFICE}

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(8K 8267 FG 1678)

MAP D LOT 268
8 & A CONSTRUCTION LLC
341 SILVER LAKE ROAD
HOLLIS, NH 93049
BK 9285 PG 2750

INES OF STREETS
THAT NO NEW

AGNON, LES

MICINITY MAP

PLAN REFERENCES:

4. SUBDIVISION PLAN (LOT 23, MAP 'D’) 35 GROTON ROAD NASHUA, NEW HAMPSHIRE PREPARED FOR
CITY OF NASHUA, RECORD OWNER; ALBERT W, TERRELL REVOCABLE TRUST, SCALE: 3" = 100"

DATED: AUGUST 31, 2010, BY HAYNER/SWANSON INC.

RECORDED: HCRD PLAN No, 28940

2, PLAN OF A PORTION OF DEERFIELD DEVELOPMENT, NASHUA NH BELONGING TO EDWARD N,
LEHOULLIER, SCALE: 1° = 60’ DATED: APRIL 1863, BY HENRY SHAFFER

RECORDED: HCRD PLAN No, 2471

a, SONGOLIDATION & SUBDIVISION PLAN, GROTON ROAQ NASHUA NH PREPARED FOR J. EDWARD
TERRELL & ALBERT W, TERRELL, SCALE: 1° = 200, DATED: SEPTEMBER 4, 1881, BY A.B. MAYNARD

RECORDED: HORD PLAN No. 14373

4 AMENDED CONDOMINIUM SITE PLAN, PHASE 4, GROTON WOODS CONDOMINIUM, WEST GROTON

AND GILGON ROADS, NASHUA, NEW HAMPSHIRE, DECLARANT US LAND DEVELOPMENT, CO
DECLARANT: HOMES BY PARADISE, INC, SCALE: 1*= 50’ DATED: 10 JULY 2015 BY HAYNERISWANSON,

INC.
6 NASHUA 1637 SAY GROTON ROAD, PROPOSED GHANGE IN GRADE, SCALE: 1"=10" DATED MAY 1937.
ON FILE WITH NHDOT ROW DEPARTMENT.
NOTES:
41 LOT NUMBERS REFER TG THE CITY OF NASHUA ASSESSORS MAP 'D',
2 PURPOSE OF PLAN:
TO DEPICT PORTIONS OF THE HISTCRIC LOCATIONS OF THE GROTON ROAD PUBLIC
RIGHT-OF-WAY PROPOSED TO GE DISCONTINUED.
3. MONUMENTS, WHERE REQUIRED, TO BE SET BY A LICENSED LAND SURVEYOR,
4. SURVEY CONTROL INFORMATION:
HORIZONTAL DATUM: NADS3

HORIZONTAL PROJECTION: NH STATE PLANE

UNITS: US SURVEY FEET

179 AMHERST STREET

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REVISION

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DIS CONTINUANCE PLAR
PORTIONS OF THE HISTORIC LOCATIONS OF

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DRAWING LOG: & \SG00\5155\DWG

SPECIAL BOARD OF ALDERMEN
JUNE 23, 2021

7:00 PM
Join Zoom Meeting: https://usO2web.z00om.us/j/8684788486 1? pwd=dUV6UGpwWRy 9CUISEUKMw Tkw4S0U2UTO9
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PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER

PRAYER OFFERED BY CITY CLERK SUSAN K. LOVERING
PLEDGE TO THE FLAG LED BY ALDERMAN-AT-LARGE BRANDON MICHAEL LAWS
ROLL CALL

PUBLIC HEARING

PETITION FOR STREET DISCONTINUANCE — (OLD) GROTON ROAD

Testimony in Favor

Testimony in Opposition

Testimony in Favor

Testimony in Opposition

ADJOURNMENT