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
