January 9, 2019
Page 2
At the time the Developers acquired Monis Farm Estates, Etchstone Properties, Inc. also
acquired Map B, Lot 57 (depicted on Plan No. 38031) (“Lot 57”). In 2015, the Planning Board
approved an open space subdivision of Lot 57, identified as Monis Farm Estates (Ext.) pursuant to
which Lot 57 was subdivided into six (6) residential lots and an open space parcel. Monis Farm
Estates ( (Ext.) is serviced by Serenity Lane, dedicated to public servitude by the recording of
Plan No. 38816 and Plan No. 38863. Plan No. 38863 depicts the lots and Serenity Lane in detail.
Serenity Lane commences at the westerly end of Legacy Drive (as shown on Plan No.
38863), runs over land known as Map ‘B’ Lot 56 and into the Lot 57 Subdivision.
Lot 56 is the site of Barrington Village Condominium. The portion of Lot 56 over which
Serenity Lane runs was a former railroad bed and now includes a 30’ permanent pedestrian/bicycle
easement granted to the City of Nashua by Etchstone Properties, Inc. in connection with its
development of Barrington Village Condominium.
Barrington Village Condominium is a 72 unit residential condominium developed in the
early 2000s. In conjunction with the completion of Barrington Village Condominium, Etchstone
Properties, Inc. granted to the City of Nashua the perpetual pedestrian and bicycle way, depicted
on Hillsborough County Registry of Deeds Plan No. 30964, among other plans, and recorded at
Book 6424, Page 511.
Purpose of Letter
This letter constitutes the written opinion of an attorney licensed in New Hampshire
contemplated by Article III, Section 285-21(G) of the Nashua City Code and is a component of
the submittal by the Developers to the Board of Aldermen for the acceptance of Legacy Drive and
Serenity Lane.
This letter will first address the Developers’ rights in Legacy Drive and then discuss the
Developers’ rights in Serenity Lane, both of which have been dedicated for public servitude and
are being proposed for acceptance by the Board of Aldermen as Class V highways. The discussion
of Serenity Lane will be addressed in its three (3) components — the portion of Serenity Lane which
runs from Legacy Drive (in Monis Farm Estates) to Lot 56 (the “First Portion”), the portion of
Serenity Lane which runs across Lot 56 (the “Second Portion”) and the balance of Serenity Lane
located on former Lot 57 (as now subdivided and depicted on Plan No. 38863 (the “Third
Portion”)).
I. Legacy Drive
The Developers acquired the 37 residential lots in Monis Farm Estates, the three (3) open
space parcels and the fee interest in Legacy Drive by deeds from Phyllis Monis, Trustee of the
Phyllis Monis 2013 Revocable Trust, to One Legacy Drive, LLC, Four Searles Road, LLC and
Etchstone Properties, Inc., each deed being dated April 15, 2014 and recorded at Book 8653, Page
