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David K. Pinsonneault Brtan C, Kelly* e
J. Bradford Westgate* Brenner G. Webb } ,
Kent M. Barker Barbara W. Halevi* —,

John M. Edwards* .
\A/ Peter W. Bennett (retired)
All] Admitted in NH ner and Bennett, LLP Peter G. Webb (retired)
*Admiited in NH and MA 5. Robert Winer (1920-20193
Attorneys at Law John V. Dwyer, Jr. (2946-2013)

www. winerbennett.com

May 11, 2021

VIA HAND DELIVERY

Susan Lovering

City Clerk

City of Nashua

229 Main Street

Nashua, New Hampshire 03060

Re: Etchstone Properties, Inc.
Petition for Street Discontinuance
(Old) Groton Road

Dear Sue:
Following up our email exchange yesterday and this morning, I enclose the following:

1. Original and three (3) copies of the Petition for Street Discontinuance by Etchstone
Properties, Inc. (Petitioner) dated May 10, 2021, inclusive of the Attachment to Petition for Street
Discontinuance and a paper copy (8% x 11) of the Discontinuance Plan by Hayner/Swanson, Inc.

2. Three (3) mylars of the plan entitled “Discontinuance Plan Portions of the Historic
Locations of Groton Road Nashua, New Hampshire” prepared for Etchstone Properties, Inc. by
Hayner/Swanson, Inc. dated 19 January 2021, together with a paper copy of that plan (11 x 17).

Iam forwarding a copy of this letter (without enclosures) to Alderman Jette so he is notified
that the original Petition and plans have been filed with your office. It is respectfully requested
that the Petition be brought before the Board of Aldermen for consideration.

I am also copying Celia K. Leonard, Esquire on this letter so she is aware of the filing of
the original Petition and is able to be in touch with me with respect to any questions she may have
regarding the preparation of the proposed resolution for consideration by the Board of Aldermen.

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

May 11, 2021
Page 2
Thank you for your assistance.

Very truly yours,

a“

J. Bradford Westgate

jbwestgate(a@winer bennett. com

JBW:cns

Enclosures

ce: Alderman Ernest A. Jette (via email only) (w/o encs.)
Celia K. Leonard, Esquire (via email only) (w/o encs.)
Jaron Slattery (via email only) (w/o encs.)
David Petropulos (via email only) (w/o encs.)

PETITION
FOR
STREET DISCONTINUANCE

TO THE HONORABLE BOARD OF ALDERMEN OF THE CITY OF NASHUA:

Pursuant to the Nashua Revised Ordinances, Chapter 285, Section 24, the undersigned
requests that the following described portions of:

35 Groton Road (Map D, Lot 23) be discontinued from public dedication or use:
Discontinuance Area ‘A’

A CERTAIN PORTION OF THE HISTORIC LOCATION OF GROTON ROAD LOCATED IN THE CITY OF NASHUA,
COUNTY OF HILLSBOROUGH, STATE OF NEW HAMPSHIRE, SITUATED ON THE NORTHERLY SIDE OF GROTON
ROAD, BEING SHOWN ON A PLAN TITLED “DISCONTINUANCE PLAN PORTIONS OF THE HISTORIC LOCATIONS OF
GROTON ROAD NASHUA, NEW HAMPSHIRE” PREPARED FOR ETCHSTONE PROPERTIES, INC, DATED: JANUARY
19, 2021, BY HAYNER/SWANSON, INC. (THE “DISCONTINUANCE PLAN”) AND BEING DESCRIBED MORE
PARTICULARLY AS FOLLOWS:

BEGINNING AT A DRILL HOLE JN A STONE WALL ON THE NORTHERLY SIDE OF GROTON ROAD AT THE DIVISION
LINE OF LAND OF PETER AND JUDY ERICKSON AND LAND OF ETCHSTONE PROPERTIES, INC. AND BEING THE
NORTHWEST CORNER OF THE HEREIN DESCRIBED PARCEL’ THENCE:

N 89° 42'35"E BY A STONE WALL, A DISTANCE OF 118.99 FEET TO A DRILL HOLE: THENCE

$ 87° 26'07"E BY SAID STONEWALL, A DISTANCE OF 194.32 FEET TO A DRILL HOLE; THENCE

S 83° 51'03"E BY SAID STONEWALL, A DISTANCE OF 58.70 FEET TO POINT; THENCE

N 89° 44' 16"E A DISTANCE OF 108.48 FEET TO A DRILL HOLE; THENCE

S 87° 50'290"E BY A STONEWALL AND PASSING THROUGH A DRILL HOLE, A DISTANCE OF 180.37 To
POINT; THENCE

S$ 55° 40°21" E A DISTANCE OF 155.96 FEET TO POINT; THENCE

S 51° 17'29"E A DISTANCE OF 68.53 FEET TO THE POINT AT THE NORTHERLY SIDELINE OF GROTON

ROAD AS LAID OUT AND REALIGNED IN 1937 BY THE STATE OF NEW HAMPSHIRE PLAN
S.A.Y 1937; THENCE

N 67° 37'18" W BY SAID SIDELINE, A DISTANCE OF 95.89 FEET TO POINT; THENCE

NORTHWESTERLY BY SAID SIDELINE AND A CURVE TO THE LEFT HAVING A RADIUS OF 1,457.39 FEET, A
DELTA ANGLE OF 22 ° 02’ 00” AND AN ARC LENGTH OF 560.45 FEET TO A POINT;

THENCE

N 89° 39° 18" W BY SAID SIDELINE, A DISTANCE OF 207.74 FEET TO A POINT, BEING N 82° 50' 57” Wa
DISTANCE OF 1.81 FEET FROM AN IRON PIPE; THENCE

N 00°20’ 42"E A DISTANCE OF 3.99 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 0.329 ACRES OR 14,329 SF MORE OR LESS.

Item No.

632.3118

632.32

632.80

1010.9

DUNN ive Ravi na Cor porativ

City of Nashua, New Hampshire
Division of Public Works
IFB0660-020922
2022 Paving Program

Estimated

Total Price
in figures

$ at So.00

s/ BFS, 60

125,000.00

Item Description Unit Brice
" : p os
Quantity Units in figures
500 LF Retroreflective Thermoplastic Pavement Markings, 18" Line
Ewe. Dollars and ee
Ril a SS CHES $ S © Oo O
250 SF Retroreflective Thermoplastic Symbol
anal @ vy Dollars and an re
Erte ‘ ——= cents $ ‘| > 6)
250 EA Temporary Pavement Markers
No ee _Dollars and sy inlay
Se weave; Exive cents $s | S
400 cy Loam and Seed
F¥line ku t OOY ————--——— Dollars and
Ko 1 __— > cents
1 Allowance Liquid Asphalt Adjustment
One Hundred Twenty-Five Thousand Dollars and
00/100 cents $ 125,000.00 $
85 EA Asphalt Core
if i re Dollars and

POO— : cents

BASE BID SUB-TOTAL $

50.00 : 4 250, CO

SOV-3 of 4

Discontinuance Area ‘B’

Discontinunace Area ‘B’ consitututes those portions of the public right-of-way laid out by the
Selectmen of Nashua on November 24, 1847 that are situated within the boundaries of Map ‘D’, Lot
23. Any portions of the public right-of-way laid out by the Selectmen of Nashua on November 24,
1847 that are either (i) within the existing 1937 layout (realignment) of Groton Road, or (i) not within
the boundaries of Map 'D’, Lot 23, are specifically excluded from Discontiunance Area ‘B’.

The metes and bounds of the entirety of the public right-of-way laid out by the Selectmen of
Nashua on November 24, 1847 (which includes Discontinuance Area ‘B’), is as follows:

Beginning ata __ near the southwest corner of the School-house in District No. 7 in said
Nashua, thence westerly 182 %°, 200 feet to a stake in the ground, thence westerly 163° 96 feet to a
stake in the ground, thence westerly 179° 455 feet to a stake in the ground, thence westerly 176° 226
feet to a stake in the ground, thence westerly 176 %° 402 feet to a stake in the ground, thence
westerly 163° 778 feet to an oak tree at a lane running to Peter Terrell’s house, the line above
described is at the north side of said Highway running through Peter Terrells land, and the highway is
three rods wide.

The only portion of the public right-of-way described in the previous paragraph that is being
discontinued is Discontinuance Area ‘B’.

In support of this petition, see the Attachment to Petition attached hereto.

The street discontinuance fs being petitioned by:

Etchstone Properties, Inc. (Petitioner)
By its Attorneys
Winer Bennett, LLP

603-882-5157 By: (TN
Telephone Number JU/Sradford Westgate, Esquire
May [Oo 2021 111 Concord Street, Nashua, New Hampshire 03064

Dae Address

The petitioner has submitted three copies of the petition and plan (along with three copies of the 22” x
34” recordable mylar surveyor prints) of the proposed street discontinuance showing the abutting
owners, the location of the new proposed property lines, any existing utilities and the new bounds to
be set.

See attached the plan entitled “Discontinuance Plan Portions of the Historic Locations of Groton
Road, Nashua, New Hampshire” by Hayner/Swanson, Inc. dated 19 January 2021.

Dd Wu, \\__, 2021

Pian and Petition receiv

The foregoing petition ( ) is ( ) is not The foregoing petition ( ) is ( ) is not

Recommended for approval: recommended for approval:
_ 2021 2021
CITY ENGINEER DATE CHAIR, NASHUA PLANNING BOARD DATE
Petition introduced at Board of Aldermen Meeting May 25 . 2021
DATE

Public Hearing conducted by the Committee on infrastructure:

June 23 , 2021 7:00 PM Aldermanic Chamber and via Zoom
DATE TIME PLACE

In accordance with Chapter 285, Section 23(C), the foregoing petition was granted, conditional on the
petitioner's recording the plan in the Hillsborough County Registry of Deeds, by the Board of

Aldermen and Mayor on July 13, 2021.
DATE

Attest: 202 1
DATE CITY CLERK

ATTACHMENT TO PETITION FOR STREET DISCONTINUANCE

Etchstone Properties, Inc., a New Hampshire corporation, with a principal address of 179
Amherst Street, Nashua, New Hampshire 03064 (the “Petitioner”), is hereby petitioning the City
of Nashua, by and through its Board of Aldermen, to discontinue {i) an existing portion of a
street (public right-of-way) described in Exhibit A attached (“Discontinuance Area ‘A’”), which
includes a portion of a road as laid out on January 14, 1799 and another portion of a road for
which no layout or acceptance was found but which is presumed to be public under RSA 229:1,
and (ii) an existing portion of a street (public right-of-way) described in Exhibit B attached
(Discontinuance Area ‘B’”), which includes a portion of a public-right of way as laid out on
November 24, 1847.

Discontinuance Area ‘A’ is a portion of the historic location of Groton Road and abuts a
portion of existing Groton Road, as laid out by the State of New Hampshire’s realignment of
Groton Road in 1937. Discontinuance Area ‘B’ is a public road layout from 1847, which was
likely intended to relocate the historic location of Groton Road, possibly to avoid certain
wetlands and straighten out the “S” curve in the 1799 public road layout, but such 1847 public
road layout was never was built, opened, or used by the public.

In support of its Petition, the Petitioner states as follows:

1, This Petition is filed pursuant to RSA 231:43 and the City of Nashua Revised
Ordinances Chapter 285-23.

2. The Petitioner is the owner of real estate located at 35 Groton Road, Nashua, New
Hampshire (Map D, Lot 23) (“Lot 23”).

3. Discontinuance Area ‘A’ (described by metes and bounds in Exhibit A) is owned
(in fee simple) by Etchstone Properties, Inc. Discontinuance Area ‘A’ abuts Lot 23 and is shown

on a pian of land titled “DISCONTINUANCE PLAN PORTIONS OF THE HISTORIC

LOCATIONS OF GROTON ROAD NASHUA, NEW HAMPSHIRE”, prepared for Etchstone
Properties, Inc. by Hayner/Swnason, Inc., dated 19 January 2021 (the “Discontinuance Plan”).

4, On January 14, 1799, the Selectmen of Nashua laid out a public road, as described
in Book 1, Page 18 of the Books of Layouts and Discontinuances on file with the City of Nashua
Engineer’s Office. Such public road later became known as Groton Road. A portion of such
1799 public road’s layout is a component of Discontinuance Area ‘A’.

5. The remainder of Discontinuance Area ‘A’ is presumed to be a public road under
RSA 229:1, as it appears that certain areas adjacent to the 1799 public road’s layout were used
for public travel over the years.

6. From 1799 to 1937, Discontinuance Area ‘A’? was a part of historic location of
Groton Road and the City of Nashua had a public right-of-way over Discontinuance Area ‘A’,

7. In 1937, Groton Road was realigned by the State of New Hampshire. The new
location of Groton Road as laid out by the State of New Hampshire in 1937 did not include the
Discontinuance Area ‘A’. The State of New Hampshire acquired fee ownership of the land
included in the 1937 layout of Groton Road by deeds of the existing landowners; however, the
State of New Hampshire did not acquire fee ownership of Discontinuance Area ‘A’, which was
not included in the new location of Groton Road. As a result, the City of Nashua continued to
have a public right-of-way over Discontinuance Area ‘A’.

8. Petitioner has found no record that the State of New Hampshire ever acquired the
fee ownership of Discontinuance Area ‘A’, nor any evidence that the City of Nashua
discontinued or released as a public right-of-way Discontinuance Area ‘A’ in connection with or
following that 1937 road realignment. As a result, Discontinuance Area ‘A’ continues to be an

existing public right-of-way based on (i) the public road layout by the Selectmen of Nashua in

1799, and Gi) pursuant to RSA 229:1, for that portion of Discontinuance Area ‘A’ for which no
layout or acceptance has been found.

9. On November 24, 1847, the Selectmen of Nashua laid out a public road that
seems likely to have been intended to relocate the location of the 1799 public road, possibly to
avoid certain wetlands and straighten out the “S” curve in the 1799 public road layout. The
Petitioner has found no evidence that the 1847 public road layout was ever constructed, opened,
or used by the public.

10. Discontinuance Area ‘B’ (as identified on the Discontinuance Plan and described
in Exhibit B) is that portion of the 1847 public road layout that crossed Lot 23. Because of
ambiguous language in the 1847 layout, the location of the 1847 layout cannot be determined
and therefore Discontinuance Area ‘B’ cannot be plotted on the Discontinuance Plan. If it had
ever been constructed, a portion of the public road built using such 1847 layout likely would
have been within the real estate now owned by the Petitioner identified as Lot 23 (defined
above), and would likely have run between Discontinuance Area ‘A’ and the eastern boundary of
Lot 23. The metes and bounds description of the 1847 public road layout is the basis for the legal
description of Discontinuance Area ‘B’ included in Exhibit B. Although the Petitioner cannot
determine the location of the 1847 public road layout and therefore cannot show its location on
the Discontinuance Plan, the Petitioner has limited the definition of Discontinuance Area ‘B’ to
those portions of the 1847 public road layout that are within the boundaries of Lot 23, Which
excludes from Discontinuance Area ‘B’ any portions of such layout that are contained in the
existing layout of Groton Road and the current paved travel lanes of Groton Road.

I1. Petitioner has found no record that any public road using the 1847 public road
layout was ever constructed. Petition also has not found any record that the State of New

Hampshire ever acquired the fee ownership of Discontinuance Area ‘B’ or any evidence that the

City of Nashua discontinued or released as a public right-of-way Discontinuance Area ‘B’ at any
time, notwithstanding the fact that it was not constructed, nor was it used in connection with the
1937 road realignment.

12. Discontinuance Area ‘A’ does not include any portion of the paved travel lanes of
existing Groton Road and it is not necessary that such land remain as a public right-of-way,
given the current layout and public use of Groton Road, following the 1937 realignment of the
road.

13. While the Petitioner cannot be certain of the location of the 1847 public road
layout, Discontinuance Area ‘B’ has been defined in Exhibit B so that it does not include any
portion of the paved travel lanes of existing Groton Road and, therefore, it is not necessary that
Discontinuance Area ‘B’ remain as a public right-of-way, given the current layout and public use
of Groton Road, as laid out in the 1937 realignment of Groton Road. Discontinuance Area ‘B?
(as defined in this Petition to not include any portion of the 1937 layout of Groton Road) is the
only portion of the 1847 public road layout that is proposed to be discontinued by this Petition.

14. The Petitioner is the only person affected by this Petition since only its property
(Lot 23) abuts Discontinuance Area ‘A’ or Discontinuance Area ‘B’, which would be
discontinued by this Petition.

15. The Petitioner has commenced development of a twenty-five (25) single-family
residential condominium project on Lot 23, as approved by the Nashua City Planning Board on
December 3, 2019 (which approval was extended on November 6, 2020), which condominium
development will include private streets and will not require the use of the public nght-of-way

over Discontinuance Area ‘A’ or Discontinuance Area ‘B’ for any access to the condominium

project.