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-------------
Layout of Venturers Field Road.
No. 2
Being a part of the Venturers Field Road, so called.
Beginning at station 1 of this survey, said station 1
being on, the north-easterly side of the Hockanum Ferry Road,
so called, and at a point 11. 710 'ff. 84 feet- from the south-
easterly corner of a dwelling house situated on the north-
easterly side of said Ferry Road, and belonging to William
R. Clapp.
Thence from said station 1, N. 620 35E E. 202 feet to
station 2.; thence N. 520 151 E. 375 feet to station 3 and
end of this survey.
The said station 3 is at the same point as station. 4 of
the survey of No. 1 Street herainbefore described.
The above survey is made on the center line of the loca-
tion and the Street is laid 33 feet wide.
kacepted. May 8th., 1889.
Amended and accepted with amendment May 22_L 1889.
For acceptance see. Aldermen's Record, Book 3, Page 360.
Atrue copy from City Records, Book 2, Page 94 - 95.
Lttest,
(Signed) Clarence D. Chase—
-City Clerk
BEAD 0 W S TREE
z ?
e
1889,
ea �e�innin�
at Statipn 1 of tr!i�. s�urvc�tr
ste.r. ly Side of ttj.e Ilocka.n, a.i d Sta.. 1 being
am � €= on t}le I1nrt}i-
W. erry Road, so
84 feet from the South- P- ,c called, and ��t �� lupins Id• ?lp
ti E tGr l3' Cprp1E_r
the North-easterly ('IvellinF=
side of ;�• � I'rpL15e Suva. � ,
said Ferrtr Road tF d on
ClePp• thence a-nci belong ink to i�
from said Sta. l N 620 � 1111.1 a,r;l R.
520 15 ' 35 Z. 2q� feet to
• � Store
375 feet to Star. 3 and e l 2; thence
The n `eta. 3 it nd of U nis survey.
said ,
at t}ie r
Street �1'le Poirr±
herein a•r eta e �.
before described, of the ,urvey Of No ,
stye=etp ( 1�Toir✓ IUlpunt, View Ave. ) (street from 'Vii] Street to "lQ
1 dlil
The above •
survey is rna.de pr1 t}1
Street is e centre line of
laid 33 feet wide•
1pp,�.tion, and the
AuE;'l;st 1885•
Plan E• C . Davis .
l,n::Uit✓ Clerk ' s Office Accepted I.Iay 8 18f
A true cpP37 fror.;1 Citj; Re
CC)rds,
1,
,I
CD 0 C—,0 (D C)
C*
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0 C+ CTIA rD CD Cf!
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9
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3 r4 Q,
vENTUFalfa LLD RDA WARD 3
yrom Mount View kvenue and end of Meadovi Street North
F,as:terly
To (Parsons Pasture Road) Fair Street
Length 3,200 feet Width 33 -4-- feet
Frovably Old County or Town Road
Known as Meadow load.
1
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p �
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MMY
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12,
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-1,
373
In Common Council
ransfer $3,000.
or Expenses in Upon recommendation of His Honor the Mayor and the Finance Committee
urt ase
c o
J.Walsh &-Sons - ORDERED, if the Board of Aldermen concur, that the sum of
s. city of Three Thousand and no/100 Dollars ($3,000.00) be and hereby
orthampton is transferred from Surplus Revenue and appropriated for
witness fees, stenographic and other incidental expenses in W.
the court case of M. J. Walsh and Sons vs. the City of
Northampton in re the New High School building contract.
enrolled
Rules suspended, passed two readings, and enrolled in concur- ,
rence with Common Council.
`i
In Common Council
Transfer $6,000.
to Board of Public Upon recommendation of His Honor the Mayor and the Finance Committee
Works for Snow
Removal ORDERED, if the Hoard of Aldermen concur, that the sum of A
Six Thousand and no/100 Dollars ($6,000.00) be and hereby
Enrolled is transferred from Surplus Revenue and appropriated to the
Board of Public Works for Snow Removal - Ordinary Main-
tenance.
Rules suspended, passed two readings, and enrolled in concur-
rence with Common Council.
y
In Common Council
Upon recommendation of the Board of Public Works having charge of
the Flood Control Project
Order
Authorizing ORDERED, if the Board of Aldermen concur, that the Mayor in
Mayor to Execute behalf of the City of Northampton execute quitclaim deeds to the
Quitclaim Deeds following persons for land,taken. for dike construction purposes, but
for Lands Taken for which there is no further use for this purpose:
for Dike Construc-
tion Purposes - To Petronella Aouadro - 4/10 acre of land formerly belonging
Petronel].a_Aquadro to her, -for the same rate per acre as was paid her..
Anastasia Fi ig ela
Mitchell Watras To Anastaskazia Figiela - .154 acre of land formerly belong-
Mitchell W. Cihkey ing to her, for--the same rate per acre as was paid
her.
Enrolled To Mitchell Watras - 204 acres of land formerly belonging
to Walenty and Mary Watras, for the same rate per
acre as was paid them.
To Mitchell W. Cihkey - .462 acres of land formerly belong-
ing to Anthony Baj, for the sum of $100.00.
Rules suspended, passed two readings, and enrolled in concur-
rence with Common Council.
fif
SF
There being no further business to come before the Board at this
time, the meeting was adjo ed t 10: 1 M. i
Attest: Clerk
Northampton, Mass. , June 2, 19,43
Regular meeting
Called to order at 10:30 A.M. Chairman Martin presiding.
Voted to purchase tar at .133 per gallon from Koppers Company
if available, or from American Tar Company if service was better.
Voted to recommend to the City Government, the sale of four
(1�) parcels of land, taken far dike purposes, but not now required
as follows:--
To Petronilla Aquadro four tenths of an acre at the
same price per acre as was paid her under Flood Control.
To Anastazia Figiela .154 acres at same price as was
originally paid her under_ Flood Control.
To Mitchell Watras .201 acres at same price as, was
originally paid William and Mary Watras under Flood Control.
To Mitchell Cihkey .462 acres the land originally of
Anthony Baj for the sum of $100.00:.
A claim was received from Charles H. Courter, Easthampton, Mass
to be investigated by the Superintendent before turning it over to
the Claims Committee.
A general discussion of the work -was had.
The Superintendent was to take levels at Bridge Street school
to find out if it was possible for drainage for wading pool to enter
Union Street drain.
All present except Mr. Gray
Adjourned 11:30 A.M.
Clerk pro tem
Book 1045
691 1 • �{ tib
Snow All Men By These Preseutis, That the City, of Northam-aton, s
muniai�al corporation duly established by law and ezistent
x1tablu...the ,
CgJil 31#i1 Rl3Y�ire• Co ponse th of sea �.y�i�+te,. _ ..__-r.^._._ ..................
ams�[ssq RnrFor consideration paid, grant to.._..._Anastastaxi& FA .LtLa,_..alias Anastazya '
.........._.._..._ _
of said Northampton,
with glri tSMT11T
the land and described as follows, to wit:
II?.edpdoa and mevmbnaer,if aa7FJ
A certain tract or parcel of land in the Meadow Street Dike, so-called,
as shown on a Plan on file in the Board of Public Works Office; in the
City of Northampton, entitled "Meadow Street Dike, June 1943, W.A.Howes,
Eng., scale 1"= 40 ft.", more particularly described as follows:
Starting at an iron pin about 312 feet northerly of the northern
boundary of Montview Avenue and about 44 feet westerly of the center
line of venturers Field Road; thence westerly 43 feet more or less :long
land of J'etronella Aquadro to an iron pin; thence northerly along laid
of this grantee 172 feet more or less to an iron pin and other land of
the grantor; thence easterly 31-5110 feet more or less along land of this
grantor formerly of one Anciprowicz to an iron pin; thence southerly
171 feet more or less along land of this grantor to the place of beginning
and containing 14/100 acres more or less. This parcel is part of land
deeded by Anastazya Figiela to the City of Northampton for dike con-
struction.
IN WITIMSS WHEREOF. the said City of Northampton, has caused its
corporate seal to be hereunto attached and these presents to be sighed,
sealed, acknowledged and delivered in its name and behalf by Walter W:
O'Donnell. its Mayor, hereto duly authorized, this thirty-first day of
July, in the year One Thousand Nine Hundred and forty-three.
.......... ._....
Cam/
Hampshire, July 31. _19 43.
Then personally appeared the above-named-.-.=Walter W- O'Donnell. Mayor of the _City
of Northam�ton� Vaseaahueetts,
and acknowled ed.the foregoing` t� act and des Of. 'EFie'�`City:o'f`NcrfiIzatnpton.
g instrument to be....,_ .
.. a , . Not ; Publi.o.
My wm _.. .
m
irioa e:pitr 19 47',
February 21, 1949, At 9 o'clock and 15.minutes A. M. Recd. Ent'd. dt Examtd.
B0Qk 953 455
the place of beginning.
For referenoe' to tracts 2 and 3 see +Taking" by the City of Northampton,
dated June 1, 1939; recorded June 19, 1939, with Hampshire County Registry
k
of Deeds, Book 941, Page 393, tract 2 being designated as Parcel 1, and
Tract 3 being designated as Parcel 1-A. See also play, entitled, "Plan,
Location of Northampton Dike, Flood Control, Section 2, Scale 1"--801, June
1, 1939, E. L. Pollard, City Engineer", which plan is recorded in said
Registry, in Plan B. 24, P. 49 and 50.
WITNESS our hands and seals this fourteenth day of November 1940
Harry Jekanowski to Z Joseph Figiela Seal
J. F. 8a A. F. Anastasia Figiela Seal
THE COMMONWEALTH.OF MASSACHUSETTS
Hampshire, as. November 14, 1940
Then personally appeared the above named Joseph Figiela and Anastasia
Figiela and acknowledged the foregoing instrument to be their free act and
deed before me
Harry Jekanowski
Notary Public
Notarial Seal
My commission expires March 17, 1945
Iampshire, as. November 15, 1940, At 4 ofelock and 25 minutes P.M. E: /�',
3�s�
KNOW ALL MEN BY THESE PRESENTS MORTGAGE DEED
THAT I, Madeleine C. Mercer, of New Haven, in the County of New Haven and Madeleine C. Mercer
State of Connecticut, IN CONSIDERATION OF TWENTY-FIVE HUNDRED (2500) Dollars To
paid by THE HAYDENVILLE SAVINGS BANS, a corporation established by law in Haydenville Savings
Williamsburg, in the County of Hampshire, and Commonwealth of Massachusetts, Banff
the receipt whereof is hereby acknowledged, do hereby give, grant, bargain,
sell and convey unto the said HAYDENVILLE SAVINGS BANS, the following de- 1 Tract
scribed real estate: Chesterfield
TRACT 1. That tract of land with the buildings thereon situate in Chester- 1 Tract
field, Massachusetts, bounded Northerly, by land formerly of Franklin Buck; Chesterfie d &
Easterly by land formerly of Doras Rhodes, Lyman Joslyn and Norman Trask; Worthington
Southerly by land formerly of Norman Trask and the heirs of Eli H. Metcalf; W ''
Westerly by land formerly of Peter H. Aldrich. Said tract is knwon as the
Governor Lot and contains forty-seven (47) acres more or less. j
t
TRACT 2. That tract of land with the buildings thereon situate partly in c
Chesterfield and partly in the adjoining town of Worthington, Massachusetts,
bounded and described as follows: Commencing on the town line between said o t
c.a �
hesterfield and Worthington, on the highway leading from Chesterfield to Z$
m
orthington and near 'Stevens BSilZTM so-called, running Easterly on said high-
ti
ay to land formerly of John F. Daniels; thence South and East on said
0
aniel's land to 1111113. Stream" so-called; thence Easterly on said stream to � .°c
s Emir 9
45.4 3 9 53
WARRANTY DEW X OW ALL MEN BY THESE P R E S E N T S,
Joseph Figiela, that we, Joseph Figiela, alias Joseph Figela, alias Jozef Figiela and
alias, st ux, alias Anastasia Figiela, alias Anastazia Figiela, alias Anastasia Figela, husband
To and wife, both of Northampton, Hampshire County, Massachusetts being. married
City of Northampton for consideration paid, grant to the City of Northampton, a municipal corpo-
(Flood Control) ration, duly established by law, and having its place of business at said
Northampton with WARRANTY COVENANTS
2 Tracts The following tracts of land located in said Northampton and bounded
Ventures Field Road and described as follows:
& 1 Other Tract Tract 1. Commencing at the most northerly point of land hereinafter de-
Northampton scribed at land of one Anciparowicz, which point is marked by an iron pin;
thence southeasterly a distance of one hundred and twenty-five (125) feet
more or less to Ventures Field Road along land of one Anciparowicz to a
point marked by an iron pin; thence southwesterly along Ventures Field Road
a distance of one hundred and seventy-two (172) feet more or less to land of
one Aquadro to a point marked by an iron pin; thence northwesterly along
land of said Aquadro a distance of one hundred and twenty-five (1-25) feet
more or less to a point marked by an iron pin; thence easterly along land of
said Figiela a distance of one hundred and seventy-two (172) feet more or
less to an Iron pin which is the point of beginning.
Being Parcel 7 in „Taking„ by the City of Northampton, dated December 15,
1938, recorded December 16, 1938, with Hampshire County Registry of Deeds,
Book 937, Page 301. See also plan entitled, „Plan, Location of Northampton
Dike, Flood Control, Section 1, dated December 15, 1938, E. L. Pollard,
City Engineer„, which plan is recorded in said Registry. Plan B. 23, P.
2 & 3.
•.• Tract 2. A certain tract of land located on the easterly side of Ventures
Field Road, so-called, at a point marked by an iron pin; thence southeast-
erly along land of said Figiela a distance of 275 feet more or less, to a
point marked by a stone bound; thence continuing on a curve along land of
said Figiela to land of Antonia and William Glowatski to a point marked by
an Iron pin a distance of 100 feet more or less; thence southerly, slightly
westerly, along land of said Glowatski and land of Julian and William Gross
to a point marked by an iron pin a distance of 200 feet more or less; thence
northwesterly on a curvd"along land of said Figiela to a point marked by a
stone bound a distance of 145 feet more or less; thence westerly, slightly
northerly, along land of said Figiela to said Ventures Field Road a distance
of 238 feet more or less; thence northeasterly along Ventures Field Road a
distance of 170 feet more or less to the place of beginning.
Tract 3. Commencing at land of Julian and William Gross; thence easterly,
slightly southerly, along land of said Gross a distance of 220 feet more or
less to a point marked by an iron pin; thence ,€outherly, slightly on a curve
to land of said Gross a distance of 87 feet more or less, which point is
marked.,by an iron pin; thence westerly, slightly northerly, along land of
said Gross a distance of 184 feet more or less to a point marked by an iron
pin; thence northwesterly on a curve a distance of 98 feet more or less to
Book 937
"06 _ _ ----- ------- ---- --------- -- - -...._.-- - _. ---
8. Petronella Aquadro $a1.O0
9.a Boleslaw Glowatski and Antonia Glowatski $1.00
b Boleslaw Glowatski and Antonia Glowatski
10. Leo J. Golash and Theresa C. Golash 01.00
11. Stanley R. Lula and Estelle C. Lula $1.00
IN WITNESS WHEREOF, we the undersigned Board of Aldermen for the City of
Northampton for the year 1938, hereunto set our hands this fifteenth day
of December, 1938.
Francis J. Lyons
Sidney F. Smith
Board of
Edmond T. Lampron
Aldermen for
John V!. Ewing
the City of
John M. Hogan
Northampton for
Arthur A.Seney
the year 1938
Dec. 15, 1938
Approved:
William H. Felker Mayor
Attest:
j �/J}� John P. Foley, Clerk
E,1ampshire, ss. December 16, 1938, at 4 ofelock and 46 minutes P.M. C:-%_
i
`e
RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS
that I, Ella M. Roberts the mortgagee named in a certain mortgage given by
Ella M. Roberts Frank W. Stoddard to me dated March 11th A.D. 1935, and recorded with Hamp-
shire County Registry of Deeds, book 904 page 493 do hereby acknowledge
To that I have received from Frank W. Stoddard the mortgagor named in said
mortgage, full payment and satisfaction of the same; and in consideration
Frank W. Stoddard thereof I do hereby cancel and DISCHARGE said mortgage, and release and
quitclaim unto the said Frank W. Stoddard and his heirs and assigns forever,
the premises thereby conveyed.
IN WITNESS WHEREOF' I hereunto set my hand and seal this third day of
Lot 73 January A. D. 1939.
Cedar Street
Signed and sealed in the presence of
' 1 Tract H. R. Graves. Ella M. Roberts. Seal
�
South Street
Northampton
COMMONWEALTH OF MASSACHUSETTS.
Hampshire ss. January 3rd. 1939.
Then personally appeared the above-named Ella M. Roberts and acknowl-
edged the foregoing instrument to be her free act and deed, before me I
H. R. Graves
Justice of the Peace.
My commission expires Feby 20th 1942
vH E:
Hampshire, ss. January 3, 1939, At 12 o'clock and 31 minutes P.M.
1
_— — -- Book 937 ------_— __ —__ 30
401 W. along Middle Meadow Hill 541 feet; thence South 780 W. 460 £t. to
Mill River; thence along the bank of said Mill River 98 feet to land of An ie
Bystryk; thence north 700 451 E. 902.51 to first mentioned bound; contdin-
ing 3.045 acres more or less.
PARCEL l0: Supposed to be owned by Leo J. Golash and Theresa C. Golash
and located as follows: The southerly half of the following tract of j
land situated in Northampton Meadows, the whole bounded and described
as follows: Beginning at a stone bound at the easterly corner of granted
premises on the southerly side of a meadow road and at land now or form-
erly of L. D. Parsons; running thence South 700 451 West along land now i
i
or formerly of said L. D. Parsons and land of C. S. Parsons, 18271 to i
i
Mill River; thence North 20 301 West 331 to an Elm tree; thence along
said Mill River to an iron pin; thence northeasterly along land now or
i
formerly of Burt M. Lewis 1759 feet more or less to Meadow Road; thence
southeasterly on said road 155.11 to place of beginning; containing 72
acres more or less.
PARCEL 11: Supposed to be owned by Stanley R. Lula and Estelle C.
Lula and located as follows: The northerly half of the following tract
of land situated in Northampton Meadows, the whole bounded and describ-
ed as follows: Beginning at a stone bound at the easterly corner of
granted premises on the southerly side of a meadow road and at land now
i
or formerly of .L. D. Parsons; running thence South 701 451 West along
land now or formerly of said L. D. Parsons and land of C. S. Parsons,
18271 to Mill River; thence North 2° 301 West 331 to an Elm Tree; thence
along said Mill River to an iron pin; thence northeasterly along land
now or formerly of Burt M. Lewis 1759 feet more or less to Meadow Road;
thence southeasterly on said road 185.11 to place of beginning; containing
i
7j acres more or less.
Parcels 1-11 inclusive are located in said'Northampton and are more par-
ticularly set forth on Plan entitled, "Plan of Location of Northampton
Dike (Flood Control), dated December 15, 1938, E.L. Pollard, City En-
gineer", which plan is made a part of this Order of Taking and is hereto
attached.
DAMAGES
For damages sustained by persons in their property by reason of the said
takings, the following awards are hereby made; said awards to be paid
by the City of Northampton:
Number of Parcel. Supposed Owner Award
1. Northampton Preparatory School Inc. $1.00
I
2. Robert Lee $1.00
1
3. Antonio Crolle $1.00
4.a Anthony Baj )
b Anthony Bad) $1.00
c Anthony Baj )
t
5. William and Mary Watras $1.00
6. Konstanty and Michelena Anciparowicz $1.00
7. Ananstazya and Joseph Fegiela $1.00 ,�
304 ----------- --- _��.937--------- __.__.---------..---_ ._.. -_ . ._.----..
less 'to a corner marked by an iron pin; thence northeasterly along land
of said Anciparowicz a distance of sixteen (16) feet more or less to land
of said Anciparowicz, which point is marked by an iron pin; thence north-
erly, slightly westerly, along land of said-Anciparowicz a distance of four
hundred and sixty (460) feet more or less to the place of beginning, which �
i
point is marked by an iron pin.
PARCEL 7: Supposed to be owned by Ananstazya and Joseph Fegiela, and
located as follows: Commencing at the most northerly point of land here-
L inafter described at land of one Anciparowicz, which point is marked by
7 an iron pin; thence southeasterly a distance of one hundred and twenty
five (125) feet more or less to Ventures Field Road along land of one An-
ciparowicz to a point marked by an iron pin; thence southwesterly along
Ventures Field Road a distance of one hundred and seventy-two (172) feet
more or less to land of one Aquadro to a point marked by an iron pin;
thence northwesterly along land of said Aquadro a distance of one hundred
and twenty five (125) feet more or less to a point marked by an iron pin;
thence easterly along land of said Fegiela a distance of one hundred and
seventy-two (172) feet more.or less to an iron pin which is the point of
beginning.
PARCEL 8: Supposed to be owned by Petronella Aquadro and located as foll-
ows: Commencing at the most northerly corner of the tract hereinafter
conveyed at land of one Fegiela; thence southeasterly along land of said
Fegiela to Ventures Field Road a distance of one hundred and twenty-five
(125) feet more or less to a point marked by an iron pin; thence south-
westerly along said Ventures Field Road to Montview Avenue a distance of
three hundred and fourteen (314) feet more or less, which point is marked
by an iron pin; thence northwesterly along said Montview Avenue a distance
of one hundred and twenty six (126) feet more or less to a point on land
of said Aquadro, which point is marked by an iron pin; thence northeast-
erly along land of said Aquaclro to land of one Fegiela a distance of three
I
hundred and fourteen (314) feet more or less, which point is marked by
an iron pin and the place of beginning.
PARCEL 9 a. Supposed to be owned by Boleslaw Glowatski and Antonia Glow-
at ski and located as Follows: Middle Meadow Hill Lot, so-called, beginning
at a stone bound set in the westerly line of a road at the northeast cor-
ner of said tract, which point is the southeast corner of land of Annie
I Bystryk; thence South 700 45? W. by said Bystryk land 9251 to a stone
i bound; thence South 40° 51 E. 1.62.81 to the top of the bank; thence N. 700
451 E. 889'; thence North 6B° 309 E. 4881 to the westerly line of said
road; thence ,northerly 1329 to a stone bound at the place of beginning;
containing 3.045 acres more or less.
PARCEL 9. b. Supposed to be owned by Boleslaw Glowatski and Antonia Glow-
atski and located as follows: Beginning at a stone bound at the north-
west corner of land belonging to the estate of Lewis D. Parsons; thence
�: S. 400 51 E. 162.8 feet to the brow of Middle Meadow Hill; thence S.-70° i
Book 937_ __-- ---- 303
which point is marked by an iron pin.
i
PARCEL 4. c. Supposed to be owned by Anthony Bad, and located as follows:
Commencing at the northwest corner of the tract hereinafter described at
!
land of one Watras; thence northeasterly along land of said Baj a distance
of two hundred and twelve (212) feet more or less to a corner, which point
Is marked by an iron pin; thence southeasterly along land of said Baj to
Ventures Field Road a distance of one hundred and t-tenty-four (124) feet
more or less, which point is marked by an iron pin; thence southwesterly
along line of said Ventures Field Road to land of one Watras a distance
of two hundred and twelve (212) feet more or less, which point is marked
by an iron pin; thence northwesterly along land of one Watras a distance
of one hundred and twenty five (125) feet more or less to the place of
beginning, which point is marked by an iron pin.
PARCEL 5: Supposed to be .owned by William and Mary Watras, and located as
follows: Commencing at the most northerly point of the tract hereinafter
described at land of Anthony Baj; thence southeasterly along land of said
Baj a distance of three hundred and eighty-five (385) feet more or less
to a point marked by an iron pin; thence southeasterly along land of said
Watras to land of one Anciparowicz a distance of four hundred and sixty
i
five (465) feet more or less, which point is marked by an iron pin; thence
northeasterly along land of said Watras to land of one Baj a distance of !
one hundred and sixty-nine (169) feet more or less, which point Is marked
by an iron pin; thence southeasterly along land of said Baj to Ventures
Field Road a distance of one hundred and twenty-five (125) feet more or
less, which point is marked by an iron pin; thence southwesterly along
said Ventures Field Road to land of one Anciparowicz a distance of one
hundred and sixty nine feet more or less, which point is marked by an iron
pin; thence northerly along land of said Anciparowicz a distance of one
hundred and twenty five (125) feet more or less to a point marked by an iro
pin; thence northwesterly along land of said Anciparowicz four hundred and
forty five (445) feet more or less to a point marked by an iron pin; thence
northerly, slightly westerly, along land of said'Watras to land of Anthony
i
Baj a distance of four hundred and eight (408) feet more or less to a
point marked by an iron pin; thence northeasterly along land of said Baj
a distance of nineteen (19) feet more or less to the place of beginning,
which point is marked by an iron pin.
PARCEL. 6. Supposed to be owned by Konstanty and Michelena Anciparowicz,
I
and located as follows: Commencing at the most northerly point of the
tract hereinafter described at land of one Watras; thence southeasterly
along land of said Watras a distance of five hundred and seventy (570)
feet more or less to Ventures Field Road, which point is marked by an iron
pin; thence southwesterly along said Ventures Field Road a distance of one
hundred and seventy-four (174) feet more or less to land of one Fegiele,
i
which point is marked by an iron pin; thence northwesterly along land of
said Fegiela a distance of one hundred and twenty five (125) feet more or
y
Book 937
thence northwesterly along land_of Antonio Crolle and Anthony Baj a dis-
tance of one hundred and seventy-eight (178) feet more or less to a corner
marked by an iron pin and the southeasterly corner of Eastern Avenue;
thence northerly along Eastern Avenue forty (40)feet more or less to a cor-
ner marked by an iron pin; thence westerly along Eastern Avenue a distance
of seventy three (73) feet more or less to a corner marked by an iron
pin; thence northerly along land of Robert Lee a distance of ninety-eight
(98) feet more or less to the place of beginning.
PARCEL 3: Supposed to be owned by Antonio Crolle and located as follows:
Commencing at the northwest corner of the property hereinafter described on
said EasternAvenue at land of said Crolle, which point is marked by an iron
pin; thence easterly along said Eastern Avenue a distance of fifty-five
(55) feet more or less to land of Robert Lee, which point is marked by an
Iron pin; thence southeasterly along land of said Robert Lee a .distance
of one hundred and forty-five (145) feet more or less to a corner marked
by an iron pin; thence westerly along land of Anthony Baj to a point mark-
ed by an iron pin a distance of one hundred and thirty-eight (138) feet
more or less; thence northerly, slightly westerly, along land of said Crolle
a distance of one hundred and nine (l09) feet more or less to said Eastern
Avenue and the point of beginning.
PARCEL 4:a Supposed to be owned by Anthony Baj and located as follows:
Commencing at the northwest corner of the tract hereinafter described at
land of one Crolle, which point is marked by an iron pin; thence easterly
along land of said Crolle to land of Robert Lee a distance of one hundred
and thirty-eight (138) feet more or less, which point is marked by an iron
pin; thence southerly along land of said Baj a distance of two hundred
and twenty nine (229) feet more or less to land of one Watras; thence west-
erly, slightly southwesterly, along land of one Watras nineteen (19) feet
more or less to a point marked by an iron pin; thence northwesterly along
land of said Anthony Baj to a corner marked by an iron pin a distance of
one hundred and ninety one (191) feet more or less; thence continuing
northerly along land of said Baj to land of one Crolle a distance of fifty
(50) feet more or less to a point marked by an iron pin and the place of
beginning.
PARCEL 4:b. Supposed to be owned by Anthony Bad and located as follows:
Commencing at the northerly point of the tract hereinafter described at
land of one Crolle and land of said Baj, which point is marked by an iron
pin; thence southeasterly along land of Robert Lee to a point marked by an
iron pin a distance of thirty-three (33) feet more or less; thence south-
erly. along land of said BaJ to land of one Watras a distance of five hand- i
red and twenty-two (522) feet more or less, which point is marked by an
iron pin; thence northwesterly along land of one V.1atras to land of said
f
iBad a distance of three hundred and eighty-five (385) feet more or
t
less, which point is marked by an iron pin;. thence northerly, slightly
easterly, along land of said Baj to land of Robert Lee and the Place of
beginning a distance of two hundred and twenty-nine (229) feet more-or less
Book 937 _ 01
At .a meeting of the Board of Alderman of the City of Northampton, Massa-
TAKING
chusetts, duly called and regularly held on December 15, 1938, by direc- (Flood Control
tion of the City Council and upon recommendation of his Honor, the Mayor, Project)
and the Finance Committee, it is hereby ORDERED, that the Board of Alder- NORTHAMPTON
men of the City of Northampton for the year 1938, acting under the author- PREPARATORY SCHOOL
ity and in accordance with Chapter 79 and Chapter 40, Section 14 of the INC ET ALII
General Laws of the Commonwealth of Massachusetts (Ter.Ed.) and all acts TO
In amendment thereof and in addition thereto, and of any and every other CITY' OF NORTH-
power and authority in anywise enabling, do hereby vote to take in fee AMPTON
for and• in behalf of the City of Northampton, with the buildings and
trees thereon, that land within the limits of the City of Northampton,
and all right, title and interest therein not already appropriated to pub-
lic use; said lands so taken to be used for flood control purposes and the
building of dikes and for furnishing materials to be used in connection
NORTHAMPTON
therewith and for any other municipal purpose for which it may be needed, j
as set forth in Chapter 40, Section 14, of the General Laws of the Common-
wealth of Massachusetts (Ter.Ed.) and all acts in amendment thereof and
in addition thereto.
LAND TAKINGS
Said lands so taken are the parcels hereinafter referred to as numbers j
1-11 inclusive, being taken in fee; and said parcels of land are bounded
and described as follows:
PARCEL 1. Supposed to be owned by the Northampton Preparatory School, Inc.
and located as follows: A certain tract of land located on the easterly
side of Pomeroy Terrace at land of one Helen Lee, which point is marked
by a stone bound; thence northeasterly along land of the Northampton Pre-
paratory School, Inc., a distance of twenty five (25) feet more or less to
a point marked by an iron pin; thence southeasterly along land of the
Northampton Preparatory School, Inc. a distance of one hundred and forty
(140) feet more or less to land of one Lee, which point is marked by an
Iron pin; thence westerly along land of said Lee a distance of ninety-
three (93) feet more or less to a point marked by an iron pin; thence north-
westerly along land of the Northampton Preparatory.School, Inc., a distance
of one hundred (100) feet more or less to the point of beginning, which
point is marked by an iron pin.
PARCEL 2. Supposed to be owned by Robert Lee and located as follows:
Commencing at the northwest corner of the tract hereinafter described at
land of the Northampton Preparatory School, Inc. which point is marked by
an iron pin; thence easterly along land of the Northampton Preparatory School
Inc. a distance of ninety-three (93) feet more or less to a point, marked
by an iron pin; thence southerly, slightly easterly along land of Robert
Lee a distance of one hundred and twenty (120) feet more or less to a
corner marked by an iron pin; thence continuing southerly along land of }
said Robert Lee to land of one Anthony Bad, a distance of one hundred
eighty-one (181) feet more or less which point is marked by an iron pin;
�I
I
. .
Book 850
0'11 Know all Men . by These Presents, That
Aftanazy We, Aftanazy Jandainski and Katarzyna Jandzinski, husband and wife, of
Jandzinski et ux. Northampton in the County of Hampshire and Commonwealth of Massachusetts,
To in consideration of One Dollar and other valuable oonsiderations,
Anastazia Figiela. paid by Anastazia Figiela of said Northampton,
the receipt whereof is hereby acknowledged,do hereby give,grant,bargain;sell and convey unto the sold
Ventures Field Anastazia Figiela. her heirs and assigns, A certain tract or parcel of land _
Road, Meadows, situate in said Northampton, in the meadows, in that part thereof called
Northampton. Ventures Field, and on the Northwesterly side of the Ventures Field Road,
bounded and described as follows;— Commencing at a stone bound on the West-
erly side of Ventures Field Road, said stone bound being located at the South-
easterly corner of the granted premises and mt land now or, formerly of
Patronellm Aclusdno, thenoe North 46° lO;West four hundred ninety—two (492)
feet along land of the said Petronella Aquadro to an iron pin at the and of
e division fence, thence Northeasterly at .right angles with the last line,
along land now or formerly of Celeste F. Drury, one hundred fifty—eight (158)
feet more or leas. to an iron pin at land now or formerly of Johanna Sheehan,
thence Southeasterly along land of said Sheehan five hundred eight and three
tenths (508.3) feet to an iron pin on the Westerly line of said Ventures Field
Road, thence Southwesterly along said Ventures Field Road one hundred seventy—
two (172) feet to the place of beginning. Same being the property conveyed to
these grantors by deed of Celeste F. Drury dated June 5 1924 and recorded with
Hampshire Registry of Deeds Book 804. Page 227.
TO HAVE AND TO HOLD.the granted premises, with all the privileges and appurtenances
thereto belonging to the said Anmstazia Figiela and her
heirs and assigns,to their own use and behoof forever;and We hereby for ourselves and our
heirs,executors and administrators,covenant with the grantee and her heirs and assigns,
that We are lawfully seized in fee simple of the granted premises;that they are free from all incumbrances,
that we have good right to sell and convey the same,as aforesaid,and that we will and our
heirs,executors and administrators shall WARRANT and DEFEND the same to the grantee and her
heirs and assigns forever,against the lawful claims and demands of all persons
A R�-€.�t--tke-coeisi�leR+akiea�€oresa4el-
kRerela�releese-itnta4lte grantee---.RU3d. —�teias-a�+d-asai8�as-wU-riglib.sY-cox-te..betl}-
I�AiKFdi- BHf�• eMHB+�TakIY-131-k11'e'$rdA�ieE�•'¢Y671?iBea,
a n «lwr riglzte and iaatsxoats tiwrain.
IN WITNESS WHEREOF, We the said Aft%nazy Jandzinski and Katarzyna Jandzin-
ski, husband and wife aforesaid,
hereunto set our hands and seal a this Sixth day of November in the year
one thousand nine hundred and twenty—eight.
Signed,and seated
in the Presence of
his
W. guj ewe ki ) Aftanazy X Jandoinski Seal
mark
to A.T. and K.J. marks, ; hr
) I�e,tarzyna )g Jandzinski Seal
mar k
COMMONWEALTH OF MASSACHUSETTS
g...a}Q.....Ilaxemb.vT.....7..........7 2. .. ......_...........----..............._..........Then personally appeared the above-named.
Aft_ar}, _,,y! Ja.2_Azlne ki_,,...,,_...,__..............._........._......_...............................and acknowledged the foregoing instrument to be
his free act and deed.
Before me,_._W.1.�4�3Llal?:_.Z.l3�..9.H!4_k .s._..:YotaY'Y.._Puble. _.......................
....._
�,,��"��•,a�'�Q��''`�'�'' My Commission expiroa Jan. 18, 1931.
HA418HIRE, ss......... November_.St._.�928...._...............-_.......at...............XR. o'clock and...._........0.Q.....minutes.................AA ._M.
Mr. Floyd Andrus
December 30, 2005
Page 4.
In conclusion, based on the above, it is our opinion that your property has legal frontage and
legal and physical access. If you have any further questions or need more information,please do not
hesitate to contact us.
Very truly yours,
Archer B. Battista
UAWHOWAndrus\05-12-30 FA.doc
1
Mr. Floyd Andrus
December 30, 2005
Page 3.
"It is settled that a public way once duly laid out continues to be such
until discontinued." The court went on to state: "The rights of the
public in the whole width of the way as laid out by the selectmar4 and
accepted by the town in town meeting, were not lost by using less than
the whole width of the way."
In Anderson, the Appeals Court found that:
"(Landowners) cannot be prevented from entering from their land
upon a way which the public has a right to use"... and"access to a
public way is one of the incidents of ownership of land bounding
thereon and this right is appurtenant to the land and exists when the
fee of the way is in the municipality."
The Court in Anderson concluded that:
"... as members of the public, and as landowners abutting a public way,
the defendants have a right to traverse the unimproved portion of the
cul-de-sac for such purposes as are reasonably necessary and convenient
for access to their property."
The Supreme Judicial Court has been consistent in its support of access to property in this
context. "Access to a public way is a right of ownership appurtenant to land abutting a public way."
See Wenton v. Commonwealth, 335 Mass. 78, 80 (1956);Anzalone v. Metropolitan Dist. Com'n, 257
Mass. 32, 36 (1926); General Hospital Corp. v. MBTA, 423 Mass. 759 (1996), landowner had right of
access along sidelines of public street and full access and egress rights to its property across the
location lines of the layout.
With regard to the question as to whether the access is illusory, the case law for this concept is
most often found in appeals of denials of endorsements of"Approval Not Required" (ANR) plans. A
leading case for illusory access is Gates v. Planning Bd. of Dighton, 48 Mass.App.Ct. 394 (2000),
which determined that there are two categories of access. "There is the 'could be better but
manageable' category and the 'illusory' category. The first category warrants an ANR endorsement; the
second does not. "Deficiencies in a public way are insufficient ground for denying the endorsement."
Sturdy v. Planning Bd. of Hingham, 32 Mass.App.Ct.72 (1992).
It is our opinion that the access is not illusory. It is without physical barriers and it is a public
way(Ventures Field Road), albeit an unimproved portion of it. This unimproved portion of Ventures
Field Road has, historically, provided practical and efficient access to your property. Further, the
access can be improved. See Hobbs Brook Farm Property Company Limited Partnership v. Planning
Board of Lincoln, 48 Mass.App.Ct. 403 (2000).
o
Mr. Floyd Andrus
December 30, 2005
Page 2.
by land of Anciprowicz on the north and land of Petronella Aquadro on the south. (See Exhibit
4).
5. We were unable to find any discontinuance of Ventures Field Road in the records of the
Hampshire Registry of Deeds.
We have confirmed that the records of the City of Northampton include the following:
1. The premises are shown on a plan filed in the Office of the City Engineer, entitled CITY
ENGINEERING DEPT., NORTHAMPTON, MASS. PLAN OF RAMP MEADOW STREET
AT DIKE Showing Land Sold From Dike", dated June 1943. (See Exhibit 5).
2. The premises are also shown on a plan in the file of the Office of the City Engineer, entitled
"PLAN LOCATION OF NORTHAMPTON DIKE FLOOD CONTROL SECTION ONE"with
the underlined notation: "REVISION—MAY 5 1948 SHOWING LAND SOLD OFF
VENTURES FIELD ROAD IN 1943 BY CITY". (See Exhibit 6).
3. Ventures Field Road is identified in the records of the City of Northampton as "Probably Old
County Read or Town Road Known as Meadow Road" as extending from Mount View Ave.
«� and end of Meadow St. northeasterly to Fair St., and it was accepted by the City on May 8,
1889 and is laid 33 feet wide. (See Exhibit 7).
4. The Assessors Maps of the City of Northampton show your property which is identified as
Parcel identification number 32C-319-001 and as havin g frontage on Ventures Field Road.
(See Exhibits 8 and 9). �°'}''�
It is our opinion that the records of the Hampshire Registry of Deeds and the records of the
City of Northampton establish that your property has frontage on Ventures Field Road as a matter of
record, and that such frontage is not illusory. Specifically, the layout of Ventures Field Road (as
shown by the records enumerated above) encompasses the land between the paved portion of Ventures
Field Road and your property, which includes the current unpaved portion of Ventures Field Road.
Thus, there is no separate intervening city-owned property between Ventures Field Road and your
property.
The layou-, and records also confirm access to your property, which access has been actual
since the establishment of the layout of Ventures Field Road in or about 1943, and not the result of
easements or rights-of-way.
The Commonwealth's appellate courts support these claims regarding frontage and access in
the cases of Mahan v. Town of Rockport, 287 Mass. 34 (1 934) and Anderson v. Healy, 36
Mass.App.Ct. 131 (1994). In Mahan, the Supreme Judicial Court of Massachusetts held that:
LYON & FITZPATMCK, LLP
ATTORNEYS AND COUNSELORS AT LAW
WHITNEY PLACE
14 BOBALA ROAD
ARCHER B.BATTISTA HOLYOKE,MASSACHUSETTS 01040 OF COUNSEL
JAMES F.DONNELLY
PETER C.CONNOR TELEPHONE WILLIAM D.FITZPATRICK
413
PRISCILLA FIFIELD CHESKY ( )536-4000 CHRISTINE A.CAHILLANE
ROBERT C.SACCO FACSIMILE(413)536-3773
JOSEPH J.LANGE CLARKE S.LYON
www.lyonfitzpatrick.com (1920-2002)
December 30, 2005
Mr. Floyd Andrus"`'
81 Lake Street -
Florence, MA 01062
L
re: Parcel 32C-319 (Ventures Field Road)
Dear Mr. Andrus: ,y
You have requested our opinion whether the property you purchased from Anne J. Smolen et
als by deed dated July 1, 2005 and recorded in the Hampshire Registry of Deeds in Book 8354, Page
55 has frontage on Ventures Field Road. The records of the Hampshire Registry of Deeds reveal the
following instruments which address this issue:
1. The property which you now own was purchased by Anastasia Figiela from Aftanaszy
Jandzinski and Katarzyna Jandzinski, by deed dated November 6, 1928 and recorded in the
Hampshire Registry of Deeds in Book 850, Page 112. The premises are described in that deed
as having 172 feet of frontage on Ventures Field Road. (See Exhibit 1).
2. The City of Northampton by order of taking of the Board of Alderman dated December 15,
1938 and recorded in the Hampshire Registry of Deeds in Book 937, Page 301 took a portion
Y:. of the of the Figiela parcel, which is described as PARCEL 7 in the Order of Taking and is
shown on a plan recorded in the Hampshire Registry of Deeds in Plan Book 23, Page . (See
Exhibit 2).
3. Joseph Figiela and Anastasia Figiela confirmed the taking of the premises described in the
taking by their deed to the City of Northampton dated November 14, 1939 and recorded in the
Hampshire Registry of Deeds in Book 953, Page 454. The relevant premises are described as
Tract 1 in that deed. (See Exhibit 3).
4. The City of Northampton by deed dated July 31, 1943 and recorded in the Hampshire Registry
of Deeds in Book 1045, Page 45, conveyed a portion of the premises described in the order of
Taking, back to Anastastazia Figiela. The conveyed parcel is described as being located 44 feet
westerly of the center line of Ventures Field Road and the City's deed conveys a parcel abutted
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Book 1045 45
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H'now All Men By These Present's, That the City. of Northampton, a
municipal corporation duly established b9 law and e;cisten'k !LLRi....t,he
CQUIU y—g s h�r e. Goaan onBe a�th of 76�.a s a �+ ,6 �,. - .._---..--_.—__......_..........
or considention paid, gent to.._..._ARastastazia Figiela,....&:Liao Anasta;ya
............. __—. ..__ -___.of said Northampton,
with glyd[:1![Qti LOIICLtI I m
the land _bounded and described as follows, to wit:
1DaeripNen.ad mrambnae...if.aTl
A certain tract or parcel of land in the Meadow Street Dike, so-called,
as shown on a Plan on file in the Board of Public Works Office; in the
City of Northampton, entitled "Meadow Street Dike. June 1943, W.A.Howes,
Eng., Scale 1"= 40 ft.", more particularly described as follows:
Starting at an iron pin about 312 feet northerly of the northern
boundary of Montview Avenue and about 44 feet westerly of the center
line of Venturers Field Road; thence aesterly 43 feet more or less =long
land of Petronella kquadro to an iron pin; thence northerly alonC laud
of this grantee 172 feet more or less to an iron pin and, other lane: of
the grantor; thence easterly 31-5110 feet more or less along lan4 of this
grantor formerly of one Anciprowicz to an iron pin; thence southerly
171 feet more or less along land of this grantor to the place of beginning
and containing 14/100 acres more or less. This parcel is part of land
deeded by Anastazya Figiela to the City of Northampton for dike con-
struction.
IN WIMMSS WHEREOF, the said City of Northampton, has caused its
corporate seal to be hereunto attached and these presents to be sigtied,
sealed, acknowledged and delivered in its name and behalf by Walter t9.
O'Donnell, its Mayor, hereto duly authorized, this thirty-first day of
July, in the year One Thousand Nine Hundred and forty-three.
�entsaweKtrtival oc='••""'eaYt:.ntr�aer- - - ....._ —.._..._......
ARiaouac.._
CITYDF CTt
zy
........ »...
.«...._._._......_...._.........._......._......
Qltntt2ttQ2t�IIPlt(ff[ Df �3ESSC�StSP�B �.r•� �i
Hampshire, July 31,. 19 43.
...._.........- __.— —_ _ _.._._._ as. ._._.
Then personally appeared the above-named.__.-Walter W.-O'Donnell,`MByor of the City
......._.......
o!, Nort]�ampton� 31hssachusette, ---_-.-
and acknowledged the foregoing instrument to bc._t... act and d�Of°'EFie i!y:0 3 loo z`th amp to n.
Befbre .me, _
g$y.:g.;. 4,�._ , .Not Public.Y
MT eemmiriea ap:.� 19.i.
February 21, 1949, At 9 o'clock and ls.minutes A. M. Recd. Ent'd. & Eaam'd.
' Bk: 08354 Pg: 58
For title see deed of Charles Michalowski and Edward A. Michalowski to Charles Michalowski
and Walter S. Michalowski, dated February 24, 1981 and recorded in the Hampshire County
Registry of Deeds in Book 2211,Page 115. Charles Michalowski died a resident of
Northampton on October 2, 1992. See Hampshire County Probate Court, Docket No.
04P0073EP, for the estate of Walter S. Michalowski.
This deed creates no new boundaries.
ATTEST: HAMPSHIRB, GIBTER
MARLUM L. DONOHUE
Bk: 08354 Pg: 57
Exhibit A
TRACT 1: A certain tract or parcel of land situated in Northampton,Hampshire County,
Massachusetts,in the meadows,in that part thereof called Ventures Field, and on the
Northwesterly side of the Ventures Field Road, bounded and described as follows:
Commencing at a stone bound on the Westerly side of Ventures Field Road, said stone being
located at the Southeasterly corner of the granted premises and at land now or formerly of
Petronella Aquardo;thence North 46° 10' West four hundred ninety-two (492)feet along land of
Petronella Aquadro to an iron pin at the end of a division fence; thence Northeasterly at right
angles with the last line along land now or formerly of Celeste F. Drury one hundred fifty eight
feet(IS 8) more or less to an iron pin a land now or formerly of Johanna Sheenan; thence
Southeasterly along the land of said Sheenan five hundred eight and three tenths feet (508.3)to
an iron pin on the Westerly line of said Ventures Field Road; thence Southwesterly along said
Ventures Field Road one hundred seventy-two feet(172)to the place of beginning. Same being
the property conveyed to Aftanazy Jandzinski and Katarsyna Jadinski by deed of Celeste F.
Drury, dated June 5, 1924, and recorded with Hampshire Registry of Deeds, Book 804, at Page
227.
{EXCEPTING from Tract I, above described,however,such portion of the tract as was taken by
the City of Northampton for the erection of flood control dike.
TRACT H: The land in Northampton, Hampshire County,Massachusetts,bounded and described
as follows,to wit:
A certain tract or parcel of land in the Meadow Street Dike, so-called,as shown on a Plan on file
in the Board of Public Works Office,in the City of Northampton,entitled, "Meadow Street Dike,
June 1943, W.A.Howes,Eng., Scale 1"=40 feet,more particularly described as follows:
Starting at an iron pin about three hundred twelve(312) feet Northerly of the northern boundary
of Montview Avenue and about forty-four(44) feet westerly of the center line of Ventures Field
Road;thence westerly'forty-three (43)feet more or less along the land of Petronella Aquadro to
an iron pin;thence northerly along land of one Anastasia Figiela one hundred seventy-two(172)
feet more or less to an iron pin and land of the City of Northampton;thence Easterly thirty one
and five tenths(31.5) feet more or less along land of the City of Northampton, formerly of one
Anciprowicz,to an iron pin;thence Southerly one hundred seventy-one(17 1) feet more or less
along land of the City of Northampton`'to the place of beginning; and containing fourteen one-
hundreths (14/100)acres more or less. This parcel is part of land formerly deeded by said
Anastasia Figiela to the City of Northampton for dike construction).
Granting also any rights of way acquired by said Anastasia Figiela and by this grantor to pass
and repass over the land of the City of Northampton.
Bk: 08354 Pg: 56
Commonwealth of Massachusetts
Hampshire,ss.
On July 14,2005,before me,the undersigned notary public,personally appeared Anne J. Smolen and
Edward A. Michalowski,who are known to me through satisfactory personal knowledge of their
identities over a period of time sufficient to ensure that they are the persons whose names are signed on
the preceding document, and acknowledged to me that they signed it voluntarily for its stated purpose.
Thomas M. Growhoski
Notary Public
�4iwt Seal of Notary Public
Commonwealth of Massachusetts
Hampshire, ss.
On e� thi!S, a i/ ,before me,the undersigned notary public,personally
appear Cyn a Demers Krackovic,proved to me through satisfactory evidence of identification, as
identified below,to be the person whose name is signed on the preceding document,and acknowledged
to me that she signed it voluntarily for its stated purpose.
1+AOMi A.ANDRE � � ,
Notary Public
My Commission Expires
December 13,2007 Notary Public
Seal of Notary Public
Evidence of Identification:
Cynthia Demers Krackovic is known to me through satisfactory personal knowledge of her identity over
a period of time sufficient to ensure her identity.
11111�1w� 1I 111 Bk: 08354 Pg: 55 4-Bk:8354Pg:55 Page:1 of 4
Recorded: 07/21/2005 12:18 PM
AFFECTED PREMISES: Ventures Field Road and Montview Avenue,Northampton,MA
WE,ANNE J. SMOLEN, of Hadley,Hampshire County,Massachusetts, EDWARD A.
MICHALOWSKI,of Northampton, Hampshire County,Massachusetts, WANDA H. BACON,
of Clearwater,Florida,and CYNTHIA DEMERS KRACKOVIC, formerly known as Cynthia M.
Demers, of Spencer,Worcester County,Massachusetts,
in consideration of Eighty Thousand and no/100($80,000.00)Dollars
grant to FLOYD ANDRUS, 81 Lake Street, Florence,MA 01062
with QUITCLAIM COVENANTS
The premises located in Northampton,Hampshire County,Massachusetts, the legal description
for which appears on the attached Exhibit A.
Executed as a sealed instrument this / day of 2005.
Anne J. S en
Edward A. Michalowski
Wanda H. Bacon
Cy6thia Demers Krackovic
S►�-Ti- FLOP A%,
OF
14wq4pshi ss. , 2005
Then personally appeared the above named uj.�W.
and acknowledged the foregoing instrument to be free act an d"'
otary Public
My co mmi 'on expires:
MASSACHUSETTS 0(018E TAX SIONEYCMOs
Hampshire District ROD#13 001 Notary Pubk.S *81 ft*
Date: 07121/2005 12:18 PM my comm.ex0es July 26=S
ctrl#012924 17880 Doc# 00018792 tyo.OD 224187
Fee: $384.80 Cons:$80.000.00
that the property owned now by Mr. Andrus could not be developed because it did not
have frontage, I do not know why it would take a different position based on what I have
reviewed. I suppose the City could grant Mr. Andrus an easement or right-of-way over
City-owned property to give him formal access together with the right to construct an
access road into his property. (#3 Attached) That alone, however, does not resolve the
issue of what Mr. Andrus or his successors in interest would be able to do with the
property. Access does not necessarily equal the right to develop and the grant of the
appropriate permits. Mr. Patillo, the City's building inspector,may be helpful in that
regard.
I did not, in the time allotted, do a great deal of research on the access issue. I have read
the cases cited in Mr. Andrus' letter. The Mahan case is distinguishable because this is
not the case where Andrus' land was located on a right of way that was discontinued.
Andrus' predecessors' land was subject to a legal taking by the City which paid due
consideration for same. Mr. Andrus cannot have access to his property from Venture's
Field Road because of the dike. Therefore, in order to have access for a residential
property, it seems he would have to get permission from the City to build an access road
over the City owned property. (#3 attached) Wayne Feiden did not indicate when we
spoke with him by telephone that the City had done so. He stated that the issue of
frontage was a"grey area" and did not indicate that the City had made any such offer to
Mr. Andrus.
Please let me know if I can be of any further assistance.
Sincerely,
Di L. Fernald
S E P , 3 2'Oo an & Fernald
ATTORNEYS AT LAW
= 351 Pleasant Street'• Suite D •Northampton • Massachusetts 01060-3998
Luke Ryan(1908-1991) Phone 413-585-0004
Diane L.Fernald Fax 413-585-0104
September 12, 2006
Dora Lewis
18 Montview Avenue
Northampton, MA 01060
RE: proposed use of Andrus property
Dear Dora:
You have asked me to review the opinion letter of Lyon& Fitzpatrick to Floyd Andrus
dated December 30, 2005 regarding whether Mr. Andrus'property behind your property
has frontage on Venturers Field Road a/k/a Ventures Field Road. In that regard, you
authorized me to spend up to two hours researching the issues raised in that letter and any
other issues which I might find to be relevant.
I have reviewed the deeds and plans referred to in Mr. Andrus' letter. I attach some of
them for your convenience. The city plans are not attached but are available in my office
for your review. They are quite large but can be sent out for copying if you wish.
The deeds and plans show that the city of Northampton owns in fee the land abutting the
Andrus property on the southeast,formerly owned by Fegiela. This land was taken by
the r, ,;>>n 193R for flood control purposes and the building of a dike.In 1943, the City
deeded back to Fegiela a portion of what was taken. The portion that was 4eclei-baec-tr'
described as Tract II in the deed of Smolen to Andrus. (Attached as #1) You will note
that Mr. Andrus' boundary is described as 44 feet westerly from the center line of
Ventures Field Road. It is not described as being bounded by Ventures Field Road.
Also described in Mr. Andrus' deed is a grant of"any rights of way...to pass and repass
over the land of the City of Northampton." (#1 highlighted) This reservation seems
inconsistent with Mr. Andrus' position that he has frontage on Ventures Field Road and I
did not find any recorded evidence of a right of way during the time of my research. No
such right of way is granted in the deed back to Fegiela, for example. (#2 attached)
If Mr. Andrus does not have frontage on Ventures Field Road, then the issue becomes
one of access. It is true that the owners of Mr. Andrus' property have had access since
the land was taken. As I understand it, however, the access has not been over Ventures
Field Road, but over City-owned land. If the City has taken the position up until now
lo .
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