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Board Of Aldermen - Agenda - 5/25/2021 - P458

By dnadmin on Mon, 11/07/2022 - 07:02
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EXHIBIT A

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 EIAMPSHIRE, 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 EIAMPSHIRE” PREPARED FOR
ETCHSTONE PROPERTIES, INC. DATED: JANUARY 19, 2021, BY HAYNER/SWANSON, INC. (THE
“DISCONTINUANCE PLAN”) AND BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS:

Board Of Aldermen - Agenda - 5/25/2021 - P457

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16. The Petitioner hereby consents to the deprivation of access over Discontinuance
Area ‘A’ and Discontinuance Area ‘B’, in the context of such areas no longer being a public

highway or city road upon the granting of this Petition.

Board Of Aldermen - Agenda - 5/25/2021 - P456

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City of Nashua discontinued or released as a public right-of-way Discontinuance Area ‘B’ at any
time, notwithstanding the fact that it was not constructed, nor was it used in connection with the
1937 road realignment.

12. Discontinuance Area ‘A’ does not include any portion of the paved travel lanes of
existing Groton Road and it is not necessary that such land remain as a public right-of-way,
given the current layout and public use of Groton Road, following the 1937 realignment of the
road,

Board Of Aldermen - Agenda - 5/25/2021 - P455

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1799, and (ii) pursuant to RSA 229:1, for that portion of Discontinuance Area ‘A’ for which no
layout or acceptance has been found.

9. On November 24, 1847, the Selectmen of Nashua laid out a public road that
seems likely to have been intended to relocate the location of the 1799 public road, possibly to
avoid certain wetlands and straighten out the “S” curve in the 1799 public road layout. The
Petitioner has found no evidence that the 1847 public road layout was ever constructed, opened,
or used by the public.

Board Of Aldermen - Agenda - 5/25/2021 - P454

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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’.

Board Of Aldermen - Agenda - 5/25/2021 - P453

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ATTACHMENT TO PETITION FOR STREET DISCONTINUANCE

Board Of Aldermen - Agenda - 5/25/2021 - P452

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The foregoing petition ( } is ( ) is not The foregoing petition ( } is ( } is not

Recommended for approval: recommended for approval:
_ 2021 _2021
CITY ENGINEER DATE CHAIR, NASHUA PLANNING BOARD DATE
Petition introduced at Board of Aldermen Meeting _ 2021
DATE

Public Hearing conducted by the Committee on Infrastructure:

2021
DATE TIME PLACE

Board Of Aldermen - Agenda - 5/25/2021 - P451

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Discontinuance Area ‘B’

Discontinunace Area ‘B’ consitututes those portions of the public right-of-way laid out by the
Selectmen of Nashua on November 24, 1847 that are situated within the boundaries of Map ‘D’, Lot
23. Any portions of the public right-of-way laid out by the Selectmen of Nashua on November 24,
1847 that are either (i) within the existing 1937 layout (realignment) of Groton Road, or (ii) not within
the boundaries of Map ‘D’, Lot 23, are specifically excluded from Discontiunance Area ‘B’.

Board Of Aldermen - Agenda - 5/25/2021 - P450

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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’

Board Of Aldermen - Agenda - 5/25/2021 - P449

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May 11, 2021
Page 2

Thank you for your assistance.

Very truly yours,

a
a

J. Bradford Westgate

jbwesteate(@winerbennet!.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.}

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