Brewster C. & Kirkland Ave DiscontinuanceCITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT
TO:
FROM:
SUBJECT:
DATE:
FILE:
PGK /jad
Paul Hadsel, DPW
Larry Smith, Planning Board
Penny Kim
Discontinuance of Kirkland Avenue
April 7, 1988
MEMORANDUM
Please be advised that the petition for discontinuance of
Kirkland Avenue will be withdrawn. A Request for
Withdrawal of Petition will go to the City Council for
their April 7th meeting.
A Public Hearing on the discontinuance of Brewster Court
is still in order.
Northampton Planning Board
June 23, 1988 Meeting
Page Eight
Board...shall be exercised with due regard...for securing.safety
in the case of fire...," and felt the Board was mandated to.
create a plan to protect people." L. Smithurged that the
entire Section be looked at- "It leaves it up/to the Planning
Board to decide what's reasonable. Is /'a. pumping truck
reasonable? Kennedy Road, Sylvester and Audubon. Roads all rely
on pumping trucks."
Patrick Goggins, one of the developers, said, "We've relied upon
the information available to us to prepare our plan that is here
tonight. We want approval, and we want to address'the concerns.
I checked with the residents of Whittier Drive: There's a ten
inch line from Whittier Drive to Autumn Drive, and the pressure
is quite poor. If we extended the 'line, buyers would have city
water with inadequate pressure, and money would be wasted."
E. Gare asked to have the "Purpose" Section re -read (it was), and
then stated that, in light of the statement above, .he didn't see
how we could approve any subdivision not on. city water. He moved
the Preliminary Subdivision Plan be disapproved.. There was no
second. Atty. Donald Todrin commented, "Due regard means
consider within the realmof an imperfect system. 'Due regard'
allows the Planning Board to exercise judgement." Mr. Pichette
reiterated "The Subdivision Regulations say we can do what we
propose to do," and E. Gare, adamant in his opposition, said,
"The Board should stand up on its hind feet.!'
J. Hale suggested the Planning Board get together with the Fire
Department and the DPW and try to set a policy: She then so
moved, J. Beauregard seconded, and the motion passed unanimously:
Mr. Pichette said he would prefer to waive the time constraints
than_ get denied. this evening, and it was agreed to reconsider
and vote on the Subdivision Plan on July 28th, and be allowed to
have. until August 4th to type and file the. Decision.
Mr. Smith ;`asked, "Do we need city water everywhere,, or do we..try
to get the most reasonable alternative: and approve it J.
Beauregar'd felt that "we are overloading the system. We can't
put water and sewer everywhere, and we can't rely on the Fire
Department -to fight three suburban fires at the same time."
As tors' the storm drainage proposal, G. Andrikidis said the storm
drain to Parson:'s Brook must be under blacktop, so it could be
located in the winter if need be M. Mendelson asked the
deelopers to:consider enlarging lot sizes, and Mr. Pichette
e
lid
,,�,t =h:e{ losasshown. average awo acres
At 10:30, Ch. Duseau read Penny Kim's request that the Board not
Northampton Planning Board.
Junes 23,. 1988 Meeting
Page Nine
take action tonight on the Brewster Court discontinuance.
3h* D seau 'the resignation letter of Mr Jasinski She 's a'ri'd
she has told the Mayor that the. Board could use the services of a
landscape architect or land use person.
The meeting adjourned: at:1.0:36.
Paul 0.. Hadsei
Director of Public Works.
Peter J. McNulty, Sr:
Assistant Director of Public Works
CITY OF NORTHAMPTON, MASSACHUSETT
DEPARTMENT OF PUBLIC WOR S
125 Locust Street
Northampton, MA 01060
cc :I/Mayor David_ B. Musante, Jr.
John Gare, Parking Commission
413. 586.6950 ext. 270
TO:. Planning Development
FROM:. Paul. O. Hadsel, Director of Public. Works
DATE June: 13, 1988
SUBJECT:. Discontinuance of Brewster Court
Curb cuts on Hampton Avenue: would be hazardous and after
viewing the site it was felt that in most instances site
distance on the busy narrow street would not allow the
issuance of permits. Access to the parking
spaces at the end_ of Brewster on the northeasterly
side would be very difficult and would probably necessi-
tate an entry from the parking, garage roadway.
Benefit to the garage would only be asthetic and the loss
to the residents and the concerns versed were valid in
the Board's opinion.
JUN 1 4 1988
MAYOR'S OFFICE
At its regular meeting on June 8, 1988, the Board of Public Works
voted against discontinuance of Brewster Court.. The Hearing held at
6:30 P.M.. prior to the Board. meeting and the inspection_by the Board
led. to the following, concerns:.
Access :for the residents would. be. restricted, particularly
the two houses owned. by.Standick.Trust at the end of the
private way.
CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT
MEMORANDUM
Paul Hadsel, Director, Department of Public Works
Lawrence B. Smith, Senior Planner
TO:
FROM:
SUBJECT:
DATE:
FILE:
cc:
Request for Discontinuance of Kirkland Avenue
and Brewster Court
April 5, 1988
At their meeting on March 24th the Planning Board reviewed
the attached Memo from Assistant City Solicitor Kathleen Fallon
relative to a petition to discontinue Kirkland Avenue and
Brewster Court.
During their discussion on this matter the Board became
aware that, though the City Council hadn't (and was not required
to) referred the discontinuance requests to the DPW for review
and a Public Hearing, the DPW did have concerns about these
requests relative to effects on utilities and continued access to
the rear of the existing structures. In addition, a number of
owner's of property abutting Kirkland Avenue attended the
Planning Board meeting and expressed there opposition and concern
with the discontinuance request, and the fact that no Public
Hearing was scheduled to be held.
The Planning Board voted unanimously to refer these
discontinuance requests to your Board for your review, and
suggest that a Public Hearing be held. Would you please let me
know when this Public Hearing will be held so that I can inform
the Board. At the time that the Planning Board reconsiders this
matter they would like both yourself and Kathleen Fallon in
attendance.
Kathleen Fallon
Penny Kim
Mayor Musante
Northampton Planning Board
March 24, 1988 Meeting
Page Eight
3. At least the binder course has been instlled.
K. The total responsibility for the maintenace (including snow
and ice removal), repair, reconstruction''of the roadway and
utilities shall remain with the deve10`ers, their successors
and assigns until the Planning Board fully accepts the
subdivision and the developers have petitioned the City to
accept the roads as City Streets
L. All conditions of the Conservation Commission and Board of
Health shall become a part of;i`"these Order of Conditions.
dr
M. The developer will leave(at least two (2) mature deciduous
trees in front of every 14t, or plant two (2) 3" caliper
trees to take their plapd.
PUBLIC HEARING APPLIvcATION OF HOTEL NORTHAMPTON CONDOMINIUM
TRUST for a Special Perk t under the Provisions of Section 6.12
of the Northampton Zoning Ordinance for the purpose of allowing
vehicular access to ti,fit
e hotel across a lot line other than the
front lot line, at36 King St. Atty. Eric B. Gervais appeared
for the Applican"; and described how the lot in question
technically frors on Gothic St. The Applicant requests
permission to css a side lot line, and asks that our approval
be conditione Oon the granting of an easement by Hampshire County
to the Hotel, which is necessary for the Gothic St. building
setbacks and the park to exist. The County is concerned about
the possib�le loss of parking spaces at the rear of the
Courthouset and Atty. Gervais stated he has promised to replace
at leas as many spaces as are lost. Mr. Smith asked how long it
would P 'ke to get the easement, and was told "next week" by Atty.
Gerva' Mr. Smith suggested the Public Hearing now be closed,
tha ""'tty. Gervais get the easement, and the Planning Board would
gr the Special Permit at the April 14th Meeting when the
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DISCONTINUANCE OF BREWSTER COURT AND KIRKLAND AVENUE: Mr. Gare
opened the discussion by reading the following memorandum from
Assistant City Solicitor Kathleen G. Fallon to the Planning
Board, dated March 24, 1988: "A petition has been submitted to
the City Council to discontinue Brewster Court and Kirkland
Avenue. Both Kirkland Avenue and Brewster Court are private, not
public ways. The City Council has the authority to discontinue
private ways as well as public ways. Our city ordinances require
that the Planning Board make a recommendation to the Council
before it may act on the petition.
It has been decided that this legal formality is advisable
because of the new configuration of the parking area. The
ownership of Kirkland Avenue is still being researched. The City
Northampton Planning Board
March 24, 1988 Meeting
Page Nine
acquired the ownership of the entire area of Brewster Court when
it made the taking for the parking garage.
Brewster Court will be closed to vehicular traffic. It will
still exist as a pedestrian way. The Post Office has stated that
those buildings with Brewster Court addresses may retain them."
Mr. Gare showed a map and identified the two streets. He
explained that the City owns Brewster Court in fee, but the
ownership of Kirkland Avenue is being researched. The object
here is to make Kirkland Avenue a walkway from Pleasant Street
through the Armory Street lot to the new parking garage. Mr.
Smith stated that the matter should be referred to the DPW for
review. Mr. Andrikidis of the DPW stated that the DPW has
nothing against the discontinuances, but is "in the dark" and is
concerned about utilities (e. g., sanitary sewer lines) and
access to the rear of the structures on Hampton Avenue. Dr.
Beauregard moved we refer this matter back to the DPW and the Law
Department. J. Arnould seconded, and the motion passed
unanimously. At this point, Mr. Alan Scheinman rose and stated
that the chair had not observed his raised hand, and was allowed
to speak. He said that he, and others present, opposed the
discontinuance of Kirkland Avenue as a private way, and
complained that he received no notice of this meeting, and asked
that the abutters be notified in writing of future meetings. He
was told that written notices are sent only for public hearings
(which this is not), and that the Board of Public Works would
probably hold a public hearing if he were to ask for one. Coun.
Brooks asked what, if anything, did the City Council have to do.
r W�cr'!�! i §,7'p�"1c,4`�, o"ulta 0�h'F,ovecin'ftos m1'si,1'iFN,lh K 1'Yawx .rs,iromu°mA' !gm9dL a
DISCONTINUANCE OF PARK HILL ROAD. Mr. Smith explained tha`this
is a County way, a portion of which is little more tharo "a cart
path. He stated that two developers' subdivision plans have
already been denied by the Planning Board (and we are being sued
by both) because the condition of the road x ,,sS not adequate to
support the traffic that the subdivisions _valid generate. The
point of the discontinuance is to enable City of Northampton
to avoid spending the $1.5 -2 million it >ould take to adequately
improve the road.
Duseau asked for opponen and Mr. Irwin Brakey, 346
Glendale Road, who described himself as a farmer, rose to speak.
He said he has very little frontage on Glendale, but a great deal
on Park Hill, and he was,w6rried that he would lose it He
wanted his children and'grandchildren to be able to build on that
land in the future,:e they wanted to. Mr. Smith pointed out that
all the land that lies on Park Hill Road is taxed as undeveloped
land. He noted "''that the DPW is in favor of this discontinuance,
and that a to vote of the Planning Board is merely a
recommendation to the County Commissioners. He repeated his
rhetorical question, "Who should pay for the road -the City, or
the developers who are going to make the money
City of Northampton
MEMORANDUM
Office of the Legal Department
TO: Planning Board
FROM: Kathleen G. Fallon, Asst. City Solicitor
SUBJECT: Discontinuance of Brewster Court and Kirkland Ave.
DATE: March 24,1988
FILE:
A petition has been submitted to the City Council to
discontinue Brewster Court and Kirkland Avenue. Both Kirkland
Avenue and Brewster Court are private, not public ways. The City
Council has the authority to discontinue private ways as well as
public ways. Our city ordinances require that the Planning Board
make a recommendation to the Council before it may act on the
petition.
It has been decided that this legal formality is advisably
because of the new configuration of the parking area. The
ownership of Kirkland Avenue is still being researched. The City
acquired the ownership of the entire area of Brewster Court when
it made the taking for the parking garage.
Brewster Court will be closed to vehicular traffic. It will
still exist as a pedestrian way. The Post Office has stated that
those buildings with Brewster Court addresses may retain them.
By
Date
1
\y\ ..0 :3
Date: MAAGK L 1988
Received at City Clerk's Office
THAMPTON, S.
Time
In City Council, March 17, 1988
Referred to the Planning Board
MAR 2 3 1988
PETITION FOR DISCONTINUANCEfU p
We, the undersigned residents of Nort'f in accordance
with Section 19 -42 of the Code of ordinances,
the City Council to discontinue the private way known as
r- land venue r a s shown on the attached a�mapv o/Q y9 M To./t/
do hereby p ett-on
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