CITY OF NASHUA
BOARD OF ALDERMEN
Petition for Authorization for Issuance of Building Permits for
a Building on a Private Road
This Petition is filed by Elizabeth Lu of 17 Roby Street, Nashua, New Hampshire 03060
(the “Petitioner”) pursuant to RSA 674:41, 1 (d) for authorization by the Board of Aldermen for
the issuance of building permits for a single-family dwelling and related improvements to be
constructed on property at 19 Roby Street, Nashua, New Hampshire, owned by the Petitioner.
Upon such authorization, the Petitioner would follow the standard processes established by the
City of Nashua and its Building Department for the issuance of building permits for a single-family
dwelling and related improvements at 19 Roby Street.
In support of this Petition, the Petitioner states as follows:
1. She is the owner of the property at 19 Roby Street, Nashua, New Hampshire, by
virtue of deeds recorded with the Hillsborough County Registry of Deeds at Book 5559, Page 1694
and Book 5762, Page 1224.
2. 19 Roby Street is known as Map 126, Lot 103 on the City of Nashua Tax Maps.
3. RSA 674:41, I provides that no building permit shall be issued for the erection of a
building unless the street giving access to the lot upon which the building is proposed to be placed
meets certain criteria.
4, RSA 674:41, I (d) provides that in the case of a private road (such as this section of
Roby Street), the building permit may be issued if the local governing body (in this case the Board
of Aldermen), after review and comment by the Planning Board, has voted to authorize the
issuance of building permits for the erection of buildings on said private road or portion thereof.
5. 19 Roby Street is located on the so-called paper street portion of Roby Street.
6. This portion of Roby Street was first dedicated to public servitude by the recording
of a plan in 1916 (Hillsborough County Registry of Deeds Plan No. 517). Because this portion of
Roby Street was never built within 20 years after recording of Plan No. 517, the dedication to
public servitude expired and this portion of Roby Street merely became a common, private access
way by easement, in essence a private road, all pursuant to the provisions of New Hampshire law
then in effect.
7. In addition, ownership to the centerline of the paper street portion of Roby Street
runs to the abutting property owners, including the Petitioner to the centerline along the frontage
of 19 Roby Street.
8. The Petitioner has obtained the following approvals in connection with the
construction of a single-family dwelling and improvements on 19 Roby Street:
