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
