tee ors
Se
4 .,
oie +
t
-
611 Midhurst Road
Nashua, NH 03062
April 27, 2022
City of Nashua-Board of Alderman
City of Nashua-Board of Public Works
City of Nashua-Attorney Steve Bolton
Mayor James W. Donchess
New Hampshire Governor Chris Sununu
Nashua Rotary West, President Cecilia Ulibarri
NH Audubon Society President Doug Bechtel
Reference: Disc Golf Course-Mid Construction-Roby Park, Nashua
Introduction
My name is Denise Muccioli. | have lived at 6 Midhurst Road (Oakhill Condominiums) for about
ten years and previously lived at 11 St. James Place, also Oakhill. | have lived in Nashua, NH
since 1968. | have a degree in Applied Animal Science Equine/Agriculture and Paralegal
Studies. | am one of approximately 576 abutters to Roby Park. Oakhill’s property line is right
next to Roby Park's.
State of Shock — Discovery of Disc Golf Course Construction & Destruction of Forest
Last week, after hearing chain saws for 4 days in a row non-stop, | decided to investigate what
was going on. | thought they were clearing some trees that were too close to that very narrow
East Dunstable Road up by the sledding hill. Much to my horror, | saw what looked like clear
cutting through Roby Park’s lovely, forested trails (Erin’s Trail?) nearest to East Dunstable
Road. | initially thought maybe they were just widening the trails. The horror continued as |
walked further in and found orange City of Nashua Street Department trucks with the
woodchipper. | began videoing the destruction. A young man asked me if he could help me,
and | asked him why there were cutting the trees down. He said a Disc Golf Course was being
constructed at Roby Park. He told me they were not cutting viable trees or trees with animals or
nests in them. | explained one wouldn't know if there are any baby animals because they would
be INSIDE the trees. We had a courteous discussion, but | let him know | was not pleased.
The worker got on the telephone immediately, | am not sure whom he called. | then viewed the
8/27/21 Board of Public Works meeting minutes to learn more of this project. Sadly, | do think
this project was kept very low profile because other than Commissioner Pappas, there was NO
opponents at the BPW meeting that day. Incidentally, there is a disc golf supply store that has
opened across from Roby Park. | wonder if that is why Roby Park was selected as opposed to
some other areas Disc Golf committee considered. Incidentally, the City already has a partial
Disc Golf Course at Greeley Park. One of the ladies on the Board of Public Works said how she
thought this was such a great idea and it was free, got people outside in nature, was non-
exclusive and wouldn't cost the City much money. Hmmm. You know what also is free, non-
exclusive, gets people in nature and doesn’t cost the City a dime? Yup. Leaving the trails alone
for people to use (walk, explore nature, walk their dogs, meditate, and ride bikes) at will. Added
benefit of the latter: it does NOT call for the decimation of forests, destruction of wildlife habitat
including wetland and will not risk major liability and safety concerns that WILL affect taxpayers
Company with respect to any breach not specifically waived by
Company. This Contract and all related claims shall be
construed according to the laws of the State of New
Hampshire and Hillsborough County, New Hampshire shall be
the proper and exclusive legal jurisdiction and venue for any
resulting legal action.
8. Invoicing will be rendered monthly in advance dating
from the commencement date of the first advertising period.
Invoices rendered to Advertiser shall be conclusive as to the
correctness of the items stated unless Company receives
written objection within fifteen (15) days thereof. Non-receipt
of invoices or lack of invoicing, shall not impact Advertiser's
liability hereunder. Any discounts given shall be
forfeited/reversed for invoices not paid within sixty (60) days
from the date thereof. All rates and adjustments are
computed on the basis of thirty (30) days to the month, unless
a different period is specified on the face hereof. Invoices
shall be due thirty (30) days after the date of invoice and
failure to pay within such timeframe shall result in a default
hereunder and shall further be deemed a default under any
other agreements with Company. Notwithstanding the
foregoing, in the event that Company accepts payment by ACH
or credit card, Company shall have the right, at Company’s
option, to either (a) require Advertiser to pay all amounts due
or coming due under the Contract on the date of the ACH or
credit card payment or (b) require Advertiser to set up
recurring payments whereby the Advertiser’s ACH or credit
card is charged on each invoice date for the full invoice
amount.
9. Company shall not be held responsible for unused
posters, displays or other copy provided by Advertiser and
Company may dispose of any such materials. Company may
promote Company’s own business through the use of
Advertiser's posters or displays in any manner whatsoever.
Company is an Equal Opportunity Employer.
10. This Contract contains the full agreement of the parties,
and no prior representation or assurance, verbal or written not
contained herein, shall affect or alter the obligation of either
party hereto. This Contract is not cancelable or assignable by
Advertiser, nor may the subject of the advertising be changed
without the consent of Company. Notwithstanding the
foregoing, agreements for transit displays may be cancelled by
Advertiser upon providing at least 90-days written notice prior
to affected posting date, with Advertiser paying, upon
invoicing, short rate for actual length of term.
11. The following provisions shall be applicable in the event
that this Contract shall be for the display of advertising copy
on a LED, LCD or other digital display sign (“Digital Sign”):
Notwithstanding anything herein to the contrary, the Company
shall be not obligated to display the copy for more than 91%
of the display time provided hereunder (the “Guaranteed
Display Time”). If the Company displays the copy for at least
the Guaranteed Display time, there shall be no reduction in the
fee paid hereunder or extension of the term hereof. If the
Company displays the copy for less than the Guaranteed
Display Time, the Company shall, in its sole discretion, either
(i) terminate this Contract and reimburse the Advertiser for
fees paid relating to the period for which the copy was not
displayed for at least the Guaranteed Display Time, (ii)
equitably extend the Advertising Period of this Contract at the
contracted location or a replacement location of equal value, or
(iii) issue to Advertiser a pro-rated credit for advertising
services equivalent to the period for which copy was not
displayed for the Guaranteed Display Time. The Advertiser
hereby expressly waives all other remedies at law or equity,
and the Company shall have no other liability to the Advertiser
as a result of any failure to display the copy for at least the
Guaranteed Display Time. In addition to the foregoing, the
Company shall have the right at any time to preempt the
display of copy in order to utilize the Digital Sign(s) for public
service messages in connection with (i) an Amber Alert, or (ii)
at the request of any Federal, State or local authority, any
public emergency (including but not limited to emergencies
related to homeland security) (an “Emergency Interruption”).
In such event, the Company shall not be in breach of this
Contract and the Company shall have no liability to the
Advertiser pursuant to the preceding paragraph or otherwise
as a result of any such Emergency Interruption. The
Advertiser hereby expressly waives any remedies at law or
equity to which the Advertiser might otherwise be entitled as a
result of such Emergency Interruption. For the purposes of the
provisions hereof pertaining to the display of advertising on a
Digital Sign, “copy” shall be deemed to mean any
advertisement displayed on such sign whether the same is
animated, static or otherwise, specifically including, but not
limited to, streaming content or digital images, as applicable.
12. Agency/Advertiser hereby represents, warrants and
confirms that it is aware of the requirements of 18 U.S.C.
§§ 2257-22574 and that it fully complies with them either by
certifying to the U.S. Attorney General, in the form required by
28 C.F.R. § 75.9, that Agency/Advertiser collects and
maintains individually identifiable information relating to
models used in the advertisement to be displayed pursuant to
the terms hereof (including but not limited to their names,
addresses, and dates of birth) in accordance with applicable
Federal and/or State tax and labor or other law, or that
Agency/Advertiser creates, maintains, cross-indexes and
makes available for inspection records as required by 28 C.F.R.
§§ 75.2-75.5. Upon request, Agency/Advertiser will provide
Company with proof of its compliance.
13. If the advertising copy concerns a political, religious
or social issue, the Advertiser and Agency shall not make any
press release or other public announcement or media outreach
regarding this Agreement or the related advertising copy that
refers to the Company without the Company’s express prior
written consent (which consent may be granted or denied in
the Company's sole discretion), except as required under
applicable law, in which case Advertiser shall obtain the
approval of the Company as to the form, nature and extent of
the press release, public announcement or media outreach
prior to issuing the press release or making the public
announcement.
Acknowledged and Agreed to by:
Advertiser: Company:
when they lose litigation for personal injury. There could not be a worse place for this Disc Golf
Course.
Opposition Ils Mounting
As will be explained, though | got a late start, | have started to garner opposition for a cause |
am passionate about. | have started a petition but only have a few supporters right now due to
lack of time. Please note that | had 571 signatures to oppose the multilevel proposed apartment
building in the Captains’ Corner area which the builder pulled out of. | will be laser focused
going forward. This letter to all of you is my first step in getting the information out to the public,
and not just a special interest group, in a big way. The link to the petition is here:
https://chna.itimOQWag6zJpO .
Goals
Our goals are to strongly encourage Mayor Donchess to call a special meeting in which the
public can speak at. | understand he is a Disc Golf player. So, unless he wants his constituents
to think he is “partial” to special interest groups such as this, | highly recommend he does so
sooner rather than later. End game: Halt Further Construction of Disc Golf Course at Roby Park.
Description of Roby Park
Roby Park was originally meant to be a small local park that was hardly used. It has grown into
quite a popular spot for kids’ playground area, picnics, baseball, hockey, skating, hiking,
sledding and just getting some fresh air. It is surrounded by I’m told 48 acres of lovely forest and
a trail system.
Words can’t describe the beauty of the trail system and the park itself. | have included an aerial
photo and | think you can imagine it (well until the City started to decimate it). | have made
some markings on the photo as such:
1. The ONLY entrance to Oakhill Condos-see my parking discussion later.
2. The area where City property abuts Oakhill Property.
3. You can see the vast number of full, vibrant trees that provide shelter for wildlife AND a
sound barrier from the park noise for the residents of the condos. Removing almost 125
trees negatively affects that sound mitigation. It also ruins the lovely view we had, but it's
not our property-so that’s fine, | guess. It would have been nice if someone other than
Commissioner Pappas acknowledged that the abutters were not going to be happy when
they saw the forest and their views being destroyed. | lost count after seeing
approximately 115 trees marked for death. Sections are being clear cut.
4. The photo shows how close the street it to the trails-see safety section later.
This area was (before 10 days of chain saws and woodchippers scared away the wildlife) rich
with a diverse wildlife community including black bear, fisher, white tailed deer, raccoons,
opossums, coyote, fox, skunk, porcupine, raptors including bald eagles, owls, Eastern
Cottontail, amphibians, reptiles, and a wide variety of songbirds. All these species need the
trees for raising their young and providing food and shelter. We literally can sit and watch
wildlife from our windows, yet we can be downtown in ten minutes. This is a gem in Nashua
and the Mayor, the Board of Public Works and the Board of Alderman should have recognized it
as such. It breaks my heart that everywhere you turn, more and more wildlife habitat and
forests are being decimated for a variety of reasons. | am and always will be an advocate of all
sentient beings and land conservation.
What’s Our Problem?
Unlike the Board of Public Works and the Board of Alderman and the Mayor, | see revenue from
the people that ENJOY nature that walk the trails, ride their bikes through the woods, use the
playground, play ball, have picnics, walk their dogs and sled/skate, and play hockey. People
love Roby because it's relatively small and easily accessible from many areas. The playground
is fully accessible. These people appreciate nature and the natural beauty of the area. Now the
surrounding forest is being decimated for the disc golf course. All the people that currently
enjoy the trails, ball fields, playground, etc. SPEND THEIR MONEY IN NASHUA NOW. Now
the City is trying to make it into a super world class disc golf course. It will change that area
forever and once it is destroyed and the wildlife are driven out, it will be gone forever. It literally
sickens me to see what's being done there for the last week. | try to walk or get someone to
walk where the daily downed trees are to see if there are any living animals in need of
assistance or orphans. And today, | tripped trying to get to a nest, but it was empty. | do
volunteer with wildlife rescue rides as needed and always help wildlife when | can.
This part of South Nashua has a very large dog population. Many people walk their dogs at the
park and in the trail system multiple times a day. You can see them coming and going down
Spit Brook Road coming from the multiple apartment complexes. People from Dunstable, MA
which borders parts of the park trails also enjoy the trails with their dogs. The area is one
enjoyed by couples holding hands, folks trying to forget the stress of the day, have fun with their
dogs or sit by the babbling brook (which incidentally is getting filled in by trees).
Public Comment at the Board of Alderman Meeting 4/26/22
| spoke (as much as one can speak in 3 minutes) at the Board of Alderman Meeting 4/26/22.
For the most part, | don't think my SAFETY concerns were taken seriously at all, other than by
Alderman Alex Comeau. One Alderman did comment that he fully supported the Disc Golf
Course because he thinks it will bring a lot of revenue to the area. At the same time, he
“HOPES” no one gets hurt. He "HOPES" no one gets hurt? Well, that is one thing we agree on.
| “HOPE” | don’t get hurt or a child or dog innocently playing in the woods behind our condos
doesn't get hurt. Minutes can be found here: https://www.nashuanh.aov/AgendaCenter/Board-
of-Aldermen-4
We Have Questions & Want Answers
The comments by Commissioner Pappas at the BPW meeting on 8/27/22 made us a bit
“suspicious” of the activities involved in the process of approving this project, that again | am
told Mayor Donchess enjoys. Commissioner Pappas suggested another walk through before
final approval. Commissioner Pappas also KNEW the abutters would have a problem with this
project once they saw the trees being cut. Right she was. Pappas questioned if the process was
through enough and if it wasn't being rushed (not verbatim). Nope, everyone except her was
quick to approve.
1. Did anybody notify any of the abutters prior to the start of this project? And if yes, in
what ways was it communicated? If not, why not? | realize it may not be a requirement to
notify the abutters, but! surely do think it would have been a common courtesy to do so.
2. Was $5000 of city money used to begin accumulating data preparatory work etc for this
project and will the Nashua Rotary Club be paying that back to the City? Or did that
come from taxpayer money?
3. Was a wetland waiver approved by the Dept of Conservation? There are two small
wetland areas and Roby Park that are very important for wildlife sustenance. It is a
vibrant wetland because you can see all the various flora popping up bright green.
4. It is my understanding if you're going to do any type of construction, albeit just tee pads
and receptacle, that the City should have had a notice of a site plan posted at the park.
Was there one posted because we never saw it and we always notice those signs?
SAFETY FOR ALL USERS OF THE PARK, NOT JUST THE DISC GOLFERS
Safety is the main concern for all people that use the trail system and park, not JUST the disc
golf course. Please review my references. From the mouths of disc golf players who have
knocked people out, one woman lost an eye, hit a kid on a baseball field, hit a mom with her two
kids, knocked a guy off the place he was seated, etc. These were all injuries to people sharing
the park / trail, not necessarily even spectators. See the 2 link below. The National Institute of
Health warns of head injury. How much do you think that case is worth? Woman walking with
her kids on the trail gets hit so hard she falls and hits a rock and is paralyzed? Attorney Bolton?
| heard discussion by the BPW that the course will be use at your own risk. Anyone in the legal
field knows that does not absolve one of liability. For example, | rent a horse and | sign a waiver
saying | do so at my own risk. All goes well until the people that own the farm start lighting off
firecrackers and the horse freaks out and | end up on the ground with life threatening injuries.
Do you think that the fact that | signed the waiver is going to protect the farm owners? Maybe,
but they will be spending thousands to defend the case | would bring before them. As horse
owners, they should know that a horse is likely to spook at fireworks. Therefore, they are hard
pressed to not be held liable. As a rider, | was not expecting fireworks. The same thing with the
disc group. | am telling you about the injuries that have happened, and | am telling you about
the injuries that WILL happen when you put a disc golf course in the middle of a multi-use park.
| think, if a person is injured, it would show negligence on the City’s part.
These discs can travel 40-70 mph. The record is at 80 plus mph. And they can fly up to 400 ft.
On a multi-use course where view may be blocked and a hearing or visually impaired person is
250 ft away and takes a shot to the head, who is to blame? Yes, | am sure many golfers would
use a spotter, but most won’t. They won't yield to other trail / park users, and someone is going
to get injured, maybe even fatally if hit in the head at the right spot. Now that the trails are being
opened up-the City is inviting more people to use the trails and now you have even a bigger
chance of injury as the number of users increases. There will be conflicts | am sure as well with
rude people rushing to throw and not giving people time to get to safety. Mark my works, here
and now.
Other than keeping the trail open exclusively to golfers and even then, you can’t guarantee an
errant disc won't harm someone just off the trail, or a wild animal for that matter. And since Lisa
from DPW is all about non-exclusivity-you can’t close the trails to the public since it’s all City
property, right?
And they we have the problem of parking. Daily use right now, parking is quite manageable.
The problem comes with tournaments which Little League has and now they want Disc Golf
Tournaments of a world class level. Are you kidding me? | have complained MULTIPLE times
to the Mayor, Nashua PD and my then Alderman Skip Cleaver. Nothing was done last year to
alleviate the situation and dangerous conditions caused by these activities. | have included
photos. There is an orange blinking light that only turns to red when the fire engine must leave.
When the cars are lined up both sides of Spit Brook and there are 2 travel lanes being used,
bikers are at risk of being hit. Cars leaving Oak Hill are at risk of being T-boned because we
can’t past the parked cars. And number of accidents have occurred at this intersection. It is very
congested. Most days we need a light there especially at rush hour. We are the only complex
that does not have a light for safety to enter and exit our complex. The cars see you trying to
pull out and they floor it, God Forbid, they must give you 2 seconds of their time and let you onto
Spit Brook Road.
Please Conserve this Land
| have been walking these trails for 20 plus years. It is a varied terrain piece of heaven. There is
abundant wildlife, no hunting allowed. The wetlands must be protected there as well. There is
garbage all over the wetlands closest to Oak Hill. And you can imagine more garbage, more
people smoking in the woods, etc. Make it into a Nature/Art Trail, not an activity that could very
well kill or maim someone. Brookline has a great art nature trail. That will bring in people with
revenue. We are unique in the City where we have wild neighbors that we can enjoy. They
have just as every right to be here as you and |. What makes us humans so special? We have
hands, well so do monkeys. Why must we destroy every bit of wild in Nashua that brings us
visitors from all over the state and MA as well.
| do hope a special meeting is granted and you look at the safety issues with sincerity.
Thank you for your time and very careful consideration for my safety and that of other park
users and abutters.
REFERENCES:
https:/Avww. michaelwaks.com/warnina-sian-liability/
These are dated testimonies posted on the Professional Disc Golfers site, the safety risk is the
same ----no safety updates to the game or the public exist since these testimonies were made:
https: //www.pdaa.com/discussion/archive/t-
18377. .html?fbclid=IwAR1YT6luDiidp7nvRrg94nKOryY Ou86xBISAvDfbtFC7AR6aFOw6CisT KaviE
This site seems to indicate that NO ONE else should be on the course for their own safety when
someone is playing disc golf-will you be shutting Roby Park Trails, city property down for ALL
https:/Awww.dacoursereview.com/forums/showthread.php?t= 128642
This course was shut down: “We've had a lot of physical damage to campus and people
injured," Spencer said. "In the best interest of public safety, we decided to ban (the sport).”
https:/Avww.dailynebraskan.com/news/damagqe-injuries-to-blame-for-disc-qolf-
ban/article 2bfdbe0f-a3a5-5c1f-b894-f2c0c9c28c3a.html
hitps://oubmed.ncbi.nlm.nih.gov/31573407/
Graphic photo
httos:/Avww.stuff.co.nz/the-press/news/125126648/woman-calls-for-changes-to-disc-aolf-after-
comina-within-a-whisker-of-losing-an-eve
And the disc golfers’ comments on such a horrific injury:
httos:/Avww.dacoursereview.com/forums/archive/index. ohp/t-102377 html
In case you didn't know about deforestation:
httos:/Avwww. voutube.com/watch?v=Ic-J6hcSKa8
httos:/Avww.aooale.com/mans/place/Robv+Park/@42.7066154.-
71.4636531.622m/data=!3m1!1e3!4m5!3m4!1s0x0:0xbef9163fa778a63f!8m2!3d42.7079487!4d-
71.4653616?hl=en-US
| posted many videos on the Nashua Scoop Facebook Page and | am happy to meet with any
of you in person to walk the course and see things from a safety point of view as well as the
utter destruction of forest AND wetlands. If the animals can’t find water, they will start to cross
Spit Brook Road and then you have deer vs car (seen it already-no thank you again). They
MUST leave those wetlands and the brook pristine.
Sincerely,
SS cathe Abt Ot nt
(on behalf of the constituents that don’t want to get hit in the head with a disc when they are out
enjoying the trails and park)
City of Nashua
Planning Department
229 Main Street
Nashua, New Hampshire 03061-2019
Planning & Zoning 603 689-3090
WEB www. nashuanh.gov
MEMORANDUM
Date: May 6, 2022
To: Ald. Lori Wilshire, President, and Board of Aldermen
Ald. Melbourne Moran, Jr., Chair and Planning & Economic Development
Committee
From: Matt Sullivan, Community Development Division Director
RE: Referral from the Board of Aldermen on proposed R-22-023 - Relative to the
Adoption of the Nashua Arts and Cultural Plan.
At the Nashua City Planning Board's regularly scheduled meeting of May 5, 2022 the
Planning Board voted unanimously to make a favorable recommendation on R-22-023.
If you have any questions concerning this notification, please contact me at 589-3090
or via sullivanm@nashuanh.gov.
cc: Mayor Jim Donchess
Donna Graham, Legislative Assistant
Susan Lovering, City Clerk
Scott LeClair, Chair, NPCB
Matt Sullivan, Community Development Division Director
