32C-319 (12) Please let me know if you have any questions or need any additional information.
Sincerely,
Wayne Feiden, AICP
Director of Planning and Development
Cc: Carolyn Misch, Senior Land Use Planner
Bruce Young, Land Use and Conservation Planner
Peg Keller, Housing and Community Development Senior Planner
Tony Patillo, Building Commissioner +/
Ned Huntley, PE, City Engineer
Marilyn Richards, Ward 3 Councilor
Andrus 32C 319.doc---wfeidenSeptember 2, 2005---Page 2
PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON
d CitV Haft• 21 o Main Street,Room ii • Nort[jampton,MA o1 060-3198 ' (413)587-1266 • Fax:587-1264
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a,TS oa° Wavpne Feiden,Director www.NorthamptonMa.gov
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September 1, 2005
Floyd Andrus
81 Lake Street
Florence, MA 01062
RE: Parcel 32C-319 located near Montview Avenue and Ventures Field Road
Dear Mr. Andrus:
You asked for what issues we have with your developing multiple housing units on the above
referenced property. There are several issues that you would need to address:
I. Frontage: It is unclear if the property abuts a city street or intervening city-owned property
between your land and Ventures Field Road. You indicated that your research shows that the
edge of the Ventures Field Road layout abuts your property. The dirt road on the city's land
raises the question of whether the city owns property between your land and the road layout.
I concur with DPW recommendation to you to hire an attorney to research this and write us a
memo documenting your frontage and addressing all of the issues.
2. Frontage and access: Even if your property abuts the Ventures Field Road, the question is
whether your frontage is illusory or real. If it is not possible to develop access from Ventures
Field Road because of city ownership, dike engineering standards, or other reasons, you may
not have legal frontage. Your attorney should document your claim for legal frontage and
cite all relevant case law.
3. Access to the property: You asked whether you will be able to use the location of the
current dirt road to access your property. You stated that there are no deeded rights to the
current dirt road. Easements and rights-of-way do not accrue against government agencies
simply because the road has been use for farming access for many years. Any access
easement across this property would require approval from the Board of Public Works and
the City Council. Such easement would only be granted for a clear public benefit. I suspect
that would require strong neighborhood support.
4. Permitting: If the above legal issues can be resolved, your intended reuse of the property
would require a site plan approval from the Planning Board and, depending on what you find
when your consultant checks the site for wetlands, a wetlands permit from the Conservation
Commission.
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