17D_071 Habitat for Humanity Sewer Easemant Agreement Garfield Ave1~-~~~-I
CITY OF NORTHAMPTON, MASSACHUSETTS
DEPARTMENT OF PUBLIC WORKS
125 Locust Street
Northampton, MA 01060-2066
413-587-1570
Fax 413-587-1576
Edward S. Huntley, P.E
Director
March 9, 2009
Steven Ferrari
Pioneer Valley Habitat for Humanity
140 Pine Street
Florence, Massachusetts 01062
Re: Garfield Avenue Extension Subdivision -Sewer Easement Agreement
Dear Steve,
On April 1, 2004, the Northampton Planning Board granted a Comprehensive Permit to Pioneer Valley
Habitat for Humanity (PVHH) for the development of affordable housing off Garfield Avenue. Condition
#15 of the pei7nit required that the applicant "provide proof that an agreement has been established with
Meadowbrook/Country Lane Estates to tap into the private sewer main that selves this housing complex."
Furthermore, Condition.#7 requires covenant language that a Homeowner's Association (HOA) or other
legal entity "has the responsibility for maintenance of the private sewer line".
On January 5, 2005 a Sewer Easement Agreement was executed between Meadowbrook Preservation
Associates (grantor) and the City of Northampton (grantee) and registered in the Hampshire County
Registry of Deeds, Book 8152, Pages 242-251. The City entered into this Agreement in order to facilitate
satisfaction of the above mentioned permit condition and allow the project to move forward.
In order to establish private ownership and responsibility for the sewer, the City must be relieved of being
the responsible party. As soon as a legal agreement regarding common ownership of utilities within the
development has been established and before the sewer line is placed into service, a Sewer Agreement (or
easement) needs to be written and recorded so that the HOA or other responsible legal entity is named as
the responsible party. The City will not be responsible for the maintenance or repair of the private sewer
"line or other private utilities within the development.
Please contact me if you have any questions or concenis regarding this matter.
Sincer ly,
~~
Edward S. Huntley, P.E.
Director
cc: Teri Anderson, Northampton Economic Development Coprdinator
Carolyn Misch, Office of Planning and Development t
Mari-Jon Adams-Pullan, PVHH Executive Director
File
Avenue Extension~20090213.Sewer Easement.doc