31D-143 COMPLAINT (2) WA LTERS • BENISEK
ART & ANTIQUES
ONE AMBER LANE• NORTHAMPTON• MASSACHUSETTS•01060
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DON W A L T E R S • M A R'Y BENISEK
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Mary Benisek & Don Walters
One Amber Lane Or_
Northampton, MA 01060
413-586-3909
DEPT OF SW!1i!f ;tNSP
NORiHE,W'f0,j S9 i ECTIONS
01G60
4 August 2000
The Honorable Mary Clare Higgins, Mayor
City Council
City of Northampton
210 Main Street
Northampton, MA 01060
Dear Mayor Higgins and City Councilors,
We respectfully ask you to review a recent decision by the Northampton Parking
Commission which we feel was reached procedurally in an improper and hasty
manner, was unfortunately uninformed, and which adversely affects the nature of the
only designated green space in the Masonic St. Parking Lot.
1 . The Parking Commission voted in favor of granting a license to the Masonic Trash
Association to enlarge and relocate a trash collection site without knowing what would
actually be built on that specific site. Remarkably there was no review of dimensions,
professional drawings, elevations, engineering studies, health studies, set-backs,
permits or any other kind of report that one would assume would be taken into account
- or even required - by the city when some structure and outside activity is to take place
on city land. Indeed, it was impossible to review these plans because they did not
exist at the time of the vote. Furthermore, besides being uninformed in crucial details,
the Commission ignored its own professional staff opinion that pointed to the snow-
plowing problems inherent in relocating the site to the now-licensed location, ironically
further jeopardizing parking spaces over which the Commission has guardianship.
2. The Masonic Trash Association, although paying lip-service to the notion of putting
the hauler service contract out to bid, has in fact been tailoring the dimensional
requirements and physical orientation of the proposed enclosure to specifically one
hauler, Patrick Kennedy of Alternative Recycling Systems. The requirements (or
limitations) of one hauler's equipment should not dictate the need to relocate the site
as opposed to redesigning or expanding the current site. While the MTA has indeed
spent many hours working toward a solution, their efforts have been flawed (and
wasted) by not seeking out professional design and engineering input privately and
from the city from the very beginning. Inefficient and incomplete planning ironically
lead to an uninformed vote.
3. The real irony of the licensing of the relocation site is that it moves a trash collection
site smack into the middle of the only area approximating a park-like setting in the
whole parking lot. We have nurtured and expanded the landscaping of this area by
what we have.done around our house and I think you would not be surprised to know
how such a little bit goes a long way in defining a city's pride in itself.
We ask for your assistance in protecting this spot and helping the MTA expand and
redesign the existing location.
We have attached here two other letters we have written previously which contain
other pertinent observations and background, together with the beginning of a petition
initiated by another Northampton resident.
We request that this issue be placed on the agenda for the next City Council meeting
on 17 August 2000. Thank you for your consideration.
Sincerely,
A7i a4'
Mary Benisek
Don Walters
cc: Attorney John B. Howard
George Andrikidis, Acting Director, Department of Public Works
Karen Bouquillon, Waste Management Coordinator, Board of Health
Peter McErlain, Health Agent, Board of Health
Bob McGovern, President, Masonic Trash Association
Tony Patillo, Building Commissioner
Ed Ryan; Chairman, Parking Commission
Peter Skaza, Parking Commission
John B. Howard
Attorney at Law
4 Market Street
Northampton, Massachusetts
U10t0-3210
To1•phon• 413-584-3605
faeiLail• 413-582-9043
4 August 2000
VIA REGULAR MAIL TO:
Masonic Trash Association
ATN: Robert McGovern, President
c/o Packards
14 Masonic Street
Northampton, MA 01060
RE: Proposed relocation of trash receptacles in Masonic Street parking lot
Dear Mr, McGovern;
This office represents Mary Benisek and Don Walters of 1 Amber Lane in Northampton. As
you may know, my clients are opposed to the proposed relocation of the trash receptacles to the
"stub" site in the Masonic Street parking lot.
My clients have asked that this matter be reviewed and considered by the Northampton City
Council at its next full meeting on Thursday, 17 August 2000. You should be receiving directly
from my clients a copy of their letter to Mayor Higgins asking to be placed on the agenda for
that meeting.
In the meantime, would you kindly furnish to this office copies of the following items:
1. Detailed designs, drawings, elevations, engineering data and specifications for a new
trash facility which was proposed for the existing site,
2, The same documentation for the facility which has been proposed for the stub site, and
3. Documentation as to the organizational and legal status of the Masonic Trash Association
(e.g. Articles of Association or Incorporation, Charter, Bylaws or the like).
My clients and I respectfully request that your organization take no further action to relocate the
trash receptacles to the stub site until this matter has been fully reviewed by the City Council.
Very truly yours,
John B, Howard
JBH:mal
c/fx: Mary Benisek and Don Walters
1450LTRt.504
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Mary Benisek Don Walters
One Amber Lane
Northampton, MA 01060
413.586.3909
8.3.00
Mr. Peter Skaza
Parking Commission
City of Northampton
Dear Peter,
We are attaching and entrusting to you here the original of a petition that circulated
yesterday among some of the apartment dwellers who face the Masonic Street parking
lot. This was not instigated by us, by the way, but is of course welcome evidence of
concern by others who are most familiar with the neighborhood. It grew out of Elliot
Terry (187 Main St.) observing some of the recent meetings and measurings in the lot
and asking us what it was all about.
Please submit this to the Commission and add to the file.
Sincerely,
Don Walters
Mary Benisek
PETITION
City of Northampton
Parking Commission
We the undersigned residents of the northwesterly side of Main Street, whose apartments
and/or businesses overlook the Masonic Street Parking Lot do hereby state our
unequivocal objections to the planned trash shed relocation . The location as planned,
which would involve removal of one of a set of aesthetically placed green areas, would
have an adverse affect upon our scenic enjoyment of what little beauty now exists .
WE STRONGLY URGE YOU TO CHOOSE A DIFFERENT LOCATION , ONE
THAT DOES NOT REMOVE TREES OR AESTHETIC IMPROVEMENTS THAT
ARE NOW IN PLACE.
SIGNED;
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