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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

ERICKSON
4 WOODBURY DRIVE
NASHUA NH 03082-1006
BK 2970 PG 648

&

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GROTON

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(SEE BK. 1 PG. 18 OF THE BOOKS OF LAYOUTS yh YR
AND DISCONTINUANCES ON FILE WITH THE \\ \ i
CITY ENGINEERS OFFICE} \\ bg,
AND THOSE PORTIONS GF THE RIGHT OF WAY A \
WHICH WOULD SE PUBLIC UNDER RSA 229:1 4h <
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GRILL HOLE & STONE WALL
STONE BOUND TO BE SET
POST AND RAIL FENCE
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MAP D \
CMI LEASING CORP
4471 METHUEN STREET
DRACUT, MA 0182-6439

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BK 8258 PG 2021

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

Ino
§ | jet ai
ERROR OF CLOSURE OF ONE PART IN FIFTEEN THOUSAND ON ALL
PROPERTY LINES WITHIN AND SORDERIN

- DATE
iE SUBJECT PROPERTY.

LOT 23
tOPERTIES, INC.
‘ST STREET

NH 03084
PG 205

NAD. 1983 NH STATE PLANE

MAP DO’ LOT SIE
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}

EXISTING CLASS 4’ TRAIL
AND UTILITY EASEMENT “4°
(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

So me TH

REVISION

AEE
DIS CONTINUANCE PLAR
PORTIONS OF THE HISTORIC LOCATIONS OF

GROTON ROAD

Br

NASHUA. NEW HAMPSHIRE

PREPARED FOR:

ETCHSTONE PROPERTIES, INC:

NASHUA, NEW HAMPSHIRE

& 9 60 420
tt = 4 n
PzZa el et ? t
30

a
SCALE: 1°60 Feet

iS JANUARY 202!

118.208 Meters

93064

60 METERS

& LAST, Hayuer/Swansen, Inc,

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
Meeting ID: 868 4788 4861 Passcode: 389330

Join by telephone: 1-929-205-6099
Meeting ID: 868 4788 4861 Passcode: 389330

If for some reason you cannot connect to Zoom, please contact us at (603) 589-3329 and they will help you
with connectivity. The public may also view the meeting via Channel 16.

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

City of Nashua City-Wide Pedestrian Infrastructure Conditions Assessment and Ranking

: e 2 6 Aver Shattuck St ¢
Nashua Bike-Ped Level of Service £ és wa wn peasant St g" tamst pons Ly Ay neve ly
+ e 6
. NAG A %
s ” po x ‘te

Sidewalk and Curb Ramp Conditions ““""™" os Lock St §
Sidewalk Condition g
4N/ Good £ é Brigham s,
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oe iat “a 4% 2 es 3 per” 2
wae oe i Pid o% iat ene 4 ThA. J F porsel Ue Meno Ae
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Nashua Bike-Ped Level of Service Ye Se oe i \ Sums pen 4 4 Ly rere
3 ors 0 a Surrenes A ¥ * ;
Crosswalk Conditions petatsd os a 4 7 a, tae i 3 o* Leos
"erg a oq be eo gd ge
AP No Lighted Utilities £ a, Py, i writen 2 i i
AS Faded Paint A nese Hy * %,,, Sot? get Tare a * Rows Fe a
AS Faded Paint and No Lights i rye § emus % 4 ot 7 aes fj tons §
AVA No Deficiencies Noted pets ra 9 @ go gaeem Or gf uF
3 3 g 3 an eck gots & g Gaeape Avt aE wo?
iis ers
3 Tarps $1 Sy 8 A wee ? . & Ly i 18 #,
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fe, e (se a *, %,°¢ . 2 i > gi? ee AREY 54st Ot seek
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wor ge a oso? + 3 as <3 2 43,48 j a i wr
wttoas oS Ca - 2 i: oor FE 2” § beatae ad

Figure 3: Relative Conditions Assessment: 2020 SADES Pedestrian Infrastructure Pilot for Nashua.

pg. 4

David K. Pinsonneault 2 Brian C. Kelly* Git 3°
J. Bradford Westgate* |} Brenner G. Webb 5
Kent M, Barker _ al Barbara W. Hatevi* os .

John M. Edwards* . =
Peter W. Bennett (retired) 4°
Winer and Bennett, LLP ner W. Beane retired)

All Admitted in NH

*Admitted in NH and MA 8. Robert Winer (1920-2019) &=

Attorneys at Law John V, Dwyer, Jr. (1946-2013) &

www. winerbennett.com

May 11, 2021

VIA HAND DELIVERY

Susan Lovering

City Clerk

City of Nashua

229 Main Street

Nashua, New Hampshire 03060

Re: KEtchstone 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.

11f Concord Street
Nashua, New Hampshire 03064
Tel (603) 882-3157 + Fax (877) 395-7335

May 11, 2021
Page 2

Thank you for your assistance.

Very truly yours,

J. Bradford Westgate

jbwesigate(@winerbennett.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 IN 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

S 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' 29" 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

$ 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 AGRES OR 14,329 SF MORE OR LESS.