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Elwell Conservation Area Access Right of Way/Connecticut River GreenwayDear Mr. Drozdal: City of Northampton, Massachusetts Office of Planning and Development City Hall 210 Main Street Northampton, MA 01060 (413) 586 -6950 Community and Economic Development Conservation Historic Preservation Planning Board Zoning Board of Appeals Mr. Carol Drozdal Drozdal Funeral Home 120 Damon Road Northampton, Massachusetts 01060 Re: Access Right of Way Easement to Elwell Conservation Area Farmland EY'efr c ."1/ API March 29, 1983 At their meeting on March 28, 1983, to which you were requested to attend, the Northampton Conservation Commission discussed that status of the access road to the Elwell Conservation Area's farmland. We are in receipt of a letter from Lisa Drazen of Cheshire Management Co., Inc. (Hampton Manor Apartments) dated March 22, 1983, a copy of which I have enclosed, in which theyare are offering the city the right to continue to use their right of way, on an annual renewable basis for a fee of $100 a year, and a one time appraisal cost of $300. The Conservation Commission, recognizing that their exists already a right of way for access, at no charge, to this farmland across the southerly boundary of your property at 120 Damon Road, which has been rendered impassable due to recent filling, fails to see why the city should have to absorb the financial burden of purchasing this new access route. As a result the Commission voted unanimously to instruct you to: A) open up and restore to its original passable condition the original right of way easement accross the southerly boundaryline of your property at 120 Damon Road, or secure some other permanent, functional right of way easement, acceptable to the Conservation Commission, to provide access to said farmland. I would like to point out that if you choose alternative A), it would involve altering land within 100 feet of a floodplain and thus, before work may commence, you will have to file for, and receive a permit from the Conservation Commission, the forms for which I have enclosed. The Commission would like you to notify them by April 11, 1983 as to which alter- native you intend to implement. Should you choose alternative A),the Commission would like you to file your completed Notice Of Intent and Environmental Data Forms with the Northampton Office of Planning Development,,in City Hall, by April 19, 1983 so that the Commission can hold the required Public Hearing on April 25, 1983. Should you choose alternative B), the Commission would like you to submit to the Northampton Office of Planning Development, by April 21, 1983, a signed Purchase and Sales Agreement or Deed showing evidence that you have obtained a right of way easement for the city providing practical access to their farmland at the Elwell Conservation Area, subject to the approval of the Conservation Commission. Mr. Carol Drozdal March 29, 1983 Should you have any questions, require clarification or assistance in filling out the enclosed forms please don't hesitate to contact me a 585 6950 X263. cc. City Solicitor We would like to resolve this situation as soon as posssible as we are fast approaching the spring planting season and the contract farmer requires access to this farmland. We would also like to point out that if this access problem is not resolved in an expeditious manner the city will hold you responsible for any loss of income ($1255.50 rental fee) due to its loss of adequate, practical access to its farmland. Very truly yours, 4, Lawrence B. Smith, Planner on behalf of the Northampton Conservation Commission City of Northampton, Massachusetts Office of Planning and Development City Hall 210 Main Street Northampton, MA 01060 (413) 586 -6950 Community and Economic Development Conservation Historic Preservation Housing Rehabilitation Planning Board Zoning Board of Appeals Liza Drazen, Property Manager Cheshire Management Co., Inc. 1000 Yale Avenue P.O. Box 69 Walingford, Ct. 06492 Re: Access to Elwell Farmland Dear Liza: (i March 18, 1982 This is to confirm what we discussed at our meeting on Thursday, February 25, 1982 with Mr. Baye at Hamden Manor. The City of Northampton recently purchased the 60 acre island and 40 acres of shoreline abutting your Hamden Manor property, from Mrs. Alice Pekala to be used as city conservation land. The City is continuing farming the 15 acres of farmland on the property, as has been done for many, many years, by allowing private farmers to compete for the use of the land, in accordance with the terms of a Farm Use Agreement. Mr. Peter Baye, wham you've met, has won the right to use the land for the next five years. I have enclosed a copy of his Farm Use Agreement. For years, access to this farmland by those who farmed it was across land of Pioneer Sporting Center and than down a dirt road along the southerly boundary of your Hampden Manor property. Due to pressure being exerted by scene farmers who were unsuccessful in pro curring the rights to farm here the owner of Pioneer Sporting Center has requested that we no longer cross his property. Mr. Drozdal, who owns the land to the east, abutting the Pioneer Sporting Center, yours and the city's property, has agreed to allow us access across his land to get to your dirt road, a little farther to the east and closer to the farmland, than before. (please see enclosed sketch) The City would like to ultimately procure a permanent easement across yours and Mr. Drozdal's properties for access to this city farmland, for agricultural purposes. At our meeting on February 25, 1982 you suggested that we try the pro- posal for a year to see how it works before committing ourselves to permanent ease- ments. I would be interested in hearing your thoughts on this proposal. A response at your earliest possible convenience would be greatly appreciated. I Sinc6rely, Lawrence B. Smith Planner C' C(/ d9 ,toy