21.244 An Order to Acquire and Amend Easements at the Mill River Greenway-Smith College - CertifiedCity of Northampton
MASSACHUSETTS
In City Council, Apri115, 2021
Upon the recommendation of Mayor Davidl. Norkewicz, Conservation Commission and
Planning & Sustainability
21.244 An Order to Acquire and Amend Easements at the Mill River Greenwa -Smith College
Ordered, that
WHEREAS, The Open Space and Recreation Plan: 2018-2025 recommends expanding public
access along the Mill River as part of the Mill River Greenway and the Climate
Resilience and Regeneration Plan (2021) recommends moving to renewable
energy and electrification of thermal loads;
WHEREAS, The Trustees of the Smith College granted the City an Open Space Restriction
and Public Right of Way Easement recorded at Hampshire Registry of Deeds at
Book 5900, Page 26 (3/14/2000) and Book 5898, Page 39 (3/9/2000);
WHEREAS, The City of Northampton would like to revise this restriction to be a formal
conservation restriction in accordance with MGL Chapter 184, Section 31;
WHEREAS, Smith College would reserve the right to use area within 200 feet of the gravel
road shown on a plan entitled "Boundary Survey of Land of the Commonwealth
of Massachusetts, formerly the Northampton State Hospital, Northampton,
Massachusetts" dated December 17, 1996 and recorded at Hampshire Registry
of Deeds (Plan Book 183, Page 3, Sheet 3) for any parking uses. This area is
currently allowed for parking for recreation uses and expanding to non -
recreation uses will have no adverse impact on the conservation values;
WHEREAS, Smith College would reserve the right for underground piping and heat exchange
for ground sourced heat pumps on the premises so that, other than during
construction, reconstruction, and repair activities, the facilities will not be visible
above grade. This use is consistent with the City's Climate Resilience and
Regeneration Plan and will have no adverse impact on conservation values;
WHEREAS, Smith College is prepared to simultaneously expand the existing easement "to
allow the public to pass and repass on foot trails for the purpose of fishing,
hiking, winter sports..." to include all trails within 100 feet of the Mill River, on
the northeasterly side of the Mill River, northerly and westerly of the Smith
College crew house, and westerly of College Lane on the Smith College campus;
21.244
WHEREAS, The amendments of the open space restriction requires approval of the
Massachusetts General Court under Article 97 of the Amendments to the State
Constitution.
Ordered, that
The Mayor and the Conservation Commission is authorized to amend the existing Open Space
Restriction and Public Right of Way Easement to expand the uses of existing parking areas,
allow underground piping for ground source heat pumps, and accept the new expanded
easement;
Further, the City requests and petitions that our legislative delegation file legislation substantially as
follows:
An Act authorizing the City of Northampton to amend a certain conservation easement.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the
authority of the same as follows:
SECTION 1. Notwithstanding any general or special law to the contrary, the city of Northampton, acting
by and through its mayor and conservation commission, may amend the Open Space Restriction and
Public Right of Way Easement recorded at Hampshire Registry of Deeds at Book 5900, Page 26 and Book
5898, Page 39 to allow any parking within 200 feet of the gravel road shown on a plan entitled "Boundary
Survey of Land of the Commonwealth of Massachusetts, formerly the Northampton State Hospital,
Northampton, Massachusetts" dated December 17, 1996 and recorded at Hampshire Registry of Deeds
at Plan Book 183, Page 3, Sheet 3 and allow underground piping and heat exchange for ground source
heat pumps and to record the new restriction as a conservation restriction under the authority of MGL
Chapter 184, Section 31.
SECTION 2. As a condition and in consideration for the amendment to the easement as provided in section
1 of this act, and at the same time as such release, the city of Northampton, acting by and through its
conservation commission, shall accept an expanded public right-of-way easement to allow the public to
pass and repass on foot trails for the purpose of fishing, hiking, winter sports on all trails within 100 feet
of the Mill River on the northerly side of the river, northerly and westerly of the Smith College crew house,
and westerly of College Lane on the Smith College campus, Northampton.
In City Council, April 15, 2021
Passed First Reading on Roll Call Vole of 9 Yes, 0 No, 0 Absent
Attest: , Clerk of council
In City Council, May 6, 2021
Passed Second Reading on Roll Call Vole of 9 Yes, 0 No, 0 Absent
Attest: _ !� , Clerk of council
Approved: David.]. Narkcwicz, Mayor
Passed two readings and enrolled.
hereby certify that the above Order passed the Northampton City Council on Mny 6, 2021
David. Narkewicz. Mayor approved the Order on slay 11, 2021
r
Attest: _ _, C i�u , Clerk of Council