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Denniston Pl Discontinuance Cooley Dickinson PlanGeorge Andrikidis, P.E. Director On August 19, 2004, the Northampton City Council referred to the Northampton Board. of Public Works and the Northampton Planning Board a petition for the discontinuance of Denniston ° Place. The Board of Public Works held a public hearing on October 13, 2004 and at it's meeting on October 27, 2004, after considering the petition, voted unanimously to recommend the discontinuance. Respectfully submitted The Board of Public Works of the City of Northampton Ned Huntley City Engineer REPORT AND RECOMMENDATION OF THE BOARD OF PUBLIC WORKS TO THE CITY COUNCIL c: Northampton Board of Public Works Northampton Planning Board 1/1, U:\Denniston Place \Street Discontinuance.doc CITY OF NORTHAMPTON, MASSACHUSETTS DEPARTMENT OF PUBLIC WORKS 125 Locust Street Northampton, MA 01060 413- 587 -1570 Fax 413 -587 -1576 MEMORANDUM TO: City Council, George Andrikidis, Board of Public Works FROM: Carolyn Misch, Senior Land Use Planner /Permits Manager RE: Discontinuance of Denniston Place DATE: September 14, 2004 At its September 9, public meeting, the Planning Board voted unanimously to recommend that City Council approve the request for the discontinuance of Denniston Place as a City Street. The Board further recommended that if appropriate to facilitate the movement of DPW maintenance vehicles and public safety vehicles the City maintain an easement to pass and repass between Elm Street and Hospital Road. City of Northampton, Massachusetts Planning and Development City Hall, 210 Main Street Northampton, MA 01060 (413) 587 -1266 (413) 587 -1264 fax Carolyn Misch 587 -1287 cmisch ©northamptonplanning.org 1 To: PETITION TO DISCONTINUE DENNISTON PLACE AND HOSPITAL ROAD City Council City of Northampton, Hampshire County, Massachusetts We, the undersigned residents of the City of Northampton and Cooley Dickinson Hospital, Inc., of Northampton, Hampshire County, Massachusetts, present this petition and requests that the roads known as Denniston Place and Hospital Road be discontinued in accordance with M.G.L. c.82 §21. Petitioner requests that the road known as Denniston Place be discontinued from its terminus at its intersection with Hospital Road a distance of 513.16 feet on the northerly sideline of the road and a distance of 363.39 feet on the southerly sideline of the road, containing 20,478 square feet, more or less, and all as set out on the Plan of Rights -of -Way in Northampton, Massachusetts, prepared for Cooley Dickinson Hospital, Inc. by Almer Huntley, Jr. & Associates, Inc., dated March 23, 1990. Petitioner requests that the road known as Hospital Road be discontinued from its terminus at its intersection with Denniston Place a distance of 332.49 feet on the easterly sideline of the road and a distance of 368.15 feet on the . westerly sideline of the road, containing 17,516 square feet, more or less, and all as set .out on the Plan of Rights -of -Way in Northampton, Massachusetts, prepared for Cooley Dickinson Hospital, Inc. by Almer Huntley, Jr. & Associates, Inc., dated March 23, 1990. This petition for the discontinuance of Denniston Place and Hospital Road is based on the following: 1. The portions of both Denn`iston Place and Hospital Road which are the subject of this petition are entirely within property owned by the petitioner, Cooley Dickinson Hospital, Inc. 2. Discontinuance of Denniston Place and Hospital Road would save the City from its obligation to plow, repair and maintain the roads. 3. Discontinuance of these roads would relieve the City of liability on what is a particularly congested and dangerous intersection. The effect of the discontinuance on the petitioner_ and landowner, Cooley Dickinson Hospital, Inc., will bel,to promote planned expansion and renovation of the hospital facilities enabling Cooley Dickinson Hospital to better serve the residents of the City of Northampton and Hampshire County. July 3, 1990 COOLEY DICKINSON HOPSITAL, INC. In City Council, July 19, 1990 Petition approved: Public Hearing held • Respectf ly -ub itte Attes By: - , (p. &;( !? i it ` ^ ) /1_, / c /_(:( c� G / U Its Present Christine KO upski, City Clerk in City Council July 19, 1990 CITY OF NORTHAMPTON Upon recommendation of Mayor David B. Musante, Jr WHEREAS, a petition has been filed with the Northampton City Council requesting that portions of Hospital Road and Denniston Place be discontinued as public ways; and WHEREAS, in the event of such discontinuance, the Board of Public Works of the City of Northampton desires to insure that access will be available to service utilities located in the discontinued portions of said ways and that snowplowing equipment will be able to pass between the portions of said ways that remain as public ways; and WHEREAS, Cooley Dickinson Hospital, Inc, the owner of the underlying fee interest in the affected portion of said ways is willing to grant a permanent easement to the City of Northampton for the purposes stated above; NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Northampton accept the attached easement from Cooley Dickinson Hospital, Inc. if the City Council votes to discontinue the relevant portions of Hospital Road and Denniston Place. in City Council, Rules suspended, passed two readings and enrolled. Attest: Christine Skorupski City Cler Approv ; d: A true copy. b� At t8't MASSACHUSETTS RESOLUTION JUL 1 9 1990 David. B. Musante,, Jr., Mayor NORTHWESTERLY and WESTERLY SOUTHWESTERLY .K N O W A L L M E N B Y T H E S E P R E S E N T S, That COOLEY DICKINSON HOSPITAL, INC., formerly known as THE COOLEY DICKINSON HOSPITAL, INC., a charitable corporation duly organized and existing under the laws of the Commonwealth of Massachusetts, and having its usual place of business in Northampton, Hampshire County, Massachusetts, for consideration paid and in full consideration of $1.00, grants to the CITY OF NORTHAMPTON, a municipal corporation duly organized and existing under the laws of said Commonwealth, and having its usual place of business at 210 Main in said Northampton, A perpetual right and easement for all purposes for which streets and ways are commonly used, •except that there shall be no parking of any vehicles thereon, said right and easement includes but is not limited to the right to travel by foot and by vehicle and the right to maintain, construct, reconstruct and repair any, water, sewer, storm water or other drainage •lines and appurtenant facilities in, on, under and over the following described parcel of land situated in said Northampton, bounded and described as follows: Beginning at an unmonumented point in the Southeasterly terminus of Denniston Place as discontinued by vote of the Northampton City Council on July 19, 1990, said point of beginning being located S. 88° 54' 49" W. a distance of 371.90 as measured along the Northerly line of Denniston Place from a concrete bound at the of said Northerly line of Denniston Place with the Westerly line of North Elm Street, also known as Route 9, said concrete bound being located at Northampton Coordinate System N:16924.54 - E:24646.71, and thence running N. 52° 07' 47" W. a distance of 114.95 feet to an unmonumented point; thence running N. 55° 22' 36" W. a distance of 73.77 feet to an unmonumented point; thence running N. 49° 49° 51" W. a distance of 79.94 feet to an unmonumented point; thence running following the arc of a curve to the left, having a radius of 40.00 feet, an arc length of 28.88 feet to an unmonumented point; thence running following the arc of a curve to the left, having a radius of 140.00 feet, an arc length of 57.38 feet to an unmonumented point; thence continuing SOUTHWESTERLY S . 00° 25' 42" W. S . 01° 35° 01" W. S . 04° 07° 15" E. S. 88° 54' 49" W. N. 02° 15' 11" W. NORTHEASTERLY N. 00° 36' 24" E. N. 20° 36' 25" E. N. 78° 02° 03" E. a distance of 113.77 feet to an unmonumented point; thence running S. 49° 13° 18" E. a distance of 181.58 feet to an unmonumented point; thence running . 52. °. 07' 47" E. a distance of 138.66 feet to an unmonumented point in said Southeasterly terminus of Denniston Place; thence running S. ; 88° 54' 49 W. along said Southeasterly terminus of Denniston Place a distance of 28.63 feet to the unmonumented point at the place of beginning. Containing 14,648 square feet of land, more or less. following the arc of a curve to the left, hiving a radius of 80.00 feet, an arc length of 90.60 feet to an unmonumented point; thence running a distance of 28.84 feet to an unmonumented point; thence running a distance of 72.75 point; thence running a distance of 43.62 feet to an unmonumented point in the Southerly terminus of Hospital Road as discontinued by the Northampton City Council on July 19, 1990; thence running along said Southerly terminus of Hospital Road a distance of 31.94 feet to an unmonumented point at the Southwesterly corner of said terminus; thence running a distance of 61.62 feet to an point; thence running following the arc of a . curve to the left, having a radius of 16.00 feet, an arc length of 21.46 feet to an unmonumented point; thence running a distance of 76.24 feet to an unmonumented point; thence running a distance of 90.27 feet to an unmonumented point; thence running Being the same premises shown and described as "PROPOSED RIGHT -OF -WAY TO THE CITY OF NORTHAMPTON" on a plan of land entitled "PLAN OF RIGHTS OF WAY IN NORTHAMPTON, MASSACHUSETTS 2 feet to an unmonumented unmonumented PREPARED FOR THE COOLEY DICKINSON HOSPITAL, INC. ", dated March 23, 1990, prepared by Almer Huntley, Jr. & Associates, Inc., recorded in the Hampshire County Registry of Deeds in Plan'Book , Page The consideration for this easement deed is less than $100.00, therefore no Massachusetts deed excise stamps are required. IN.WITNESS WHEREOF, the said COOLEY DICKINSON HOSPITAL,_. -. INC. has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in its name and behalf by Craig N. Melin, its President, and Michael P. Smith, its Treasurer, hereto duly authorized, this twentieth day of July in the year one thousand nine hundred ninety. Signed and sealed in the presence of: By: Hampshire, ss By: COOLEY DICKINSON HOSPITAL, INC. THE COMMONWEALTH OF MASSACHUSETTS (Craig.N. Melin) President (Michael P. Smith) Treasurer July 20, 1990 Then personally appeared the above named Craig N. Melin and Michael P. Smith, President and Treasurer, respectively, as aforesaid, and acknowledged the foregoing instrument to be the free act and deed of COOLEY DICKINSON HOSPITAL, INC., before me (Edward D. Etheredge) Notary Public My commission expires: May 2, '1991 CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Northampton City Council Lawrence B. Smith, Senior Planner on behalf of the Northampton Planning Board SUBJECT: Denniston Place /Hospital Road Discontinuance Request FROM: DATE: FILE: July 13, 1990 At their meeting on July 12, 1990.the Northampton Planning Board reviewed the request of Cooley Dickinson Hospital to discontinue portions of Denniston Plan and Hospital Road. After discussing the matter with the Applicant, the Planning Board voted unanimously to recommend that the City Council vote to discontinue said portions of said roadways. Northampton Planning Board July 12, 1990 Meeting Page Six with five conditions, Conservation Commission: ` 1. Move the handicapped parking spaces ' ;s they become the two closest to the building. r 2. Improve the landscaping in frontaof the building. 3. A trailer (40' highway trailer) be used for storage of used tires, rather than a "cage.'!F 4. Relocate the dumpster to „d' position near the storage trailer. 5. Clean the "junky area" onthe northern property line, and let the natural vegetation 1 Mrs. Duseau seconded, and thenotion passed 6- 1(Holeva). . tf As to the requested Finding Mr. Hamilton pointed out that we have a pre- existing nonconforming structure on a conforming lot. It is nonconforming because th r left side setback, which starts at 10.2' and decreases to 9.7' at the rear of the building, where 10' is required - -a three inch deficiency. The proposed addition to the building will continue the nonconformity. Mr. Crystal moved that the Board recommendjthe Finding be granted. Mr. Gare seconded, and the motion passed,; (inanimously. .4 Mr. Smith then e the need for the Variance - -a nonconforming lot with inadequate frontage, even though nothing changes relative to the frontage, but because a new lot is being created by selling the rear portion of the lot to Burger King, a variance is needed. Mr. Smith pointed out that a zoning ordinance change will be before the City 9buncil on July 19 for a final vote, a change that will allow thi situation without the need to try for a variance. He pointed out that the Ordinance Committee voted 2 -1 in favor of the proposvl, and his hope was that it would pass. Atty. Hamilton abandoned his variance argument when it was moved to continue this matt9r to August 9th, a date which would be after the City Council actin, and before the ZBA hearing on the 15th(of August. If the zoning ordinance change passes, Town Fair Tire will presumably hdraw their variance request. Mr. Holeva moved to continue this August 9, Mrs. Duseau seconded, and the motion passed nanimously. At 10:50, the Board turned to the request of Cooley Dickinson Hospital for permission to discontinue portions of Denniston Place and Hospital Road, at a point where they intersect. Attorneys Siegel and Etheredge were present representing the hospital, and pointed out that, a number of years ago, the hospital's emergency room was build over the city layout of the streets mentioned above, which has resulted in a cloud on the title and a requirement from the title insuror that $500,000 be placed in escrow. Mr. Siegel briefly and clearly explained what was to be discontinued, and where an existing roadway easement was to be granted to the city. the last three subject to approval of the Northampton Planning Board July 12, 1990 Meeting Page Seven Mr. Gare moved that the Board approve of the requested discontinuance. Mrs. Duseau seconded, and the motion passed 0 unanimously ` ' -4. - - �n'4:. tF'3- 4Arr..-Y w ' a'S c5 H7!k.io "•:+ .A.40 ap'a li 3ia.olk . (o�u. ...iAfiic!;h4i:is t A vote was then taken on the issue of home occupations ou ±'sde the structure, which had been given a public hearing at the Board's last meeting in June. Mr. Gare moved that Coun. Budar's proposed change be denied. Mrs. Hale seconded, and the-motion passed unanimously. 0 Due to the lateness of the hour, it was agr that Amended Agenda Item #8. "Planning Board Process," be res to a later date. Mr. Smith then notified the board that the City Council will be voting next Thursday, July 19th,,, / the proposed changes to Sections I through IX of the Zoning Ordinance. He observed that the City Council Ordinance comm had differed from the Planning Board's recommendations in seueral instances, e. g.: They want to prohibit hotels and motel the HB District, they will allow accessory structures of any size and height to be as close as 4' from a property line,rrthey want to require a Finding when a nonconforming lot gives up area to an adjacent lot, and they want SRO parking spaces ,to be by Special Permit. Mr. Smith said he intended to be at the Council meeting to speak for the Board, but wanted a Board member there as well. Mr. Crystal moved that Ch. Beauregard attend, Mrs. Duseau seconded, and the motion passed unanimously. i rsir. Crystal offered to attend if Dr. Beauregard had professional /commitments that evening. / A motion/was made, seconded, and passed unanimously to deny approvaV of the Form A Application of Thomas F. McCarthy for a parcel At East Street and Columbus Avenue. mi The et ing adjourned at 11:15 p. m. BENJAMIN A. BARNES EDWARD D. ETHEREDGE MYRA G. ORLEN *Also Admitted in Maine Mr. Robert J. Pascucci Board Secretary Northampton Planning Board City Hall 210 Main Street Northampton, MA 01060 Dear Mr. Pascucci: Barnes &Z Etheredge LAW OFFICES, INC. 143 MAIN STREET NORTHAMPTON, MASSACHUSETTS 01060 (413) 584 - 0368 FAX (413) 585 -5125 Re: Denniston Place /Hospital Road July 11, 1990 30 BRIDGE STREET SHELBURNE FALLS, MA 01370 (413) 625 -9888 Of Counsel DONALD T. HILLIER I am in receipt of your letter of July 9, 1990. If you have not seen my letter of July 6, 1990 to Dr. Beauregard, I enclose a copy for your review. Massachusetts General Laws Chapter 82, section 21 does not require notice or a public hearing for the discontinuance of a city street. Further, section 19 -43 of the revised ordinances of the City of Northampton does not require that a public hearing be held by either the Planning Board or the Board of Public Works. Such a hearing is required only if city council "deem it best" to have a hearing a view. Likewise, G.L. c. 41, §81I requests a report from a planning board on a discontinuance when the city or town has not adopted an official map. According to George Andrikidis, he believes the map used by the Board of Public Works is an official map that was adopted some time in the 1950s. If so, no reference or report from the Planning Board is required. In this particular matter, there are no abuttors to the streets except Cooley Dickinson Hospital. In fact, a portion of the emergency room is sited on the "laid -out" dimensions of the roads. Therein lies the problem. The hospital will have been required to hold $500,000 in escrow for nearly a year because the Title Insurance Company finds this layout to be a title defect. In addition, the Hospital will receive its fiscal year audited report in September, and, if this title defect persists, the Hospital's ability to obtain favorable bond financing for any addition and rehabilitation will be severely impacted. The Hospital has been negotiating for several months with the Board of Public Works to reach an agreement that will satisfy the Mr. Robert J. Pascucci July 11, 1990 Page Two Title Insurance Company and the Board of Public Works. Agreement was reached during the last week of June, and this petition was promptly filed. As my letter to Dr. Beauregard indicates, following my discussion with Assistant City Solicitor Kathleen Fallon, I referred this matter to the Planning Board lest there be any issue about the Planning Board's opportunity to comment on the petition. Larry Smith and Kathleen Fallon have indicated that city council might be concerned because of the "usual track for these things ", that the Planning Board should express its position on the discontinuance in accord with section 19 -43 of the revised ordinances of the City of Northampton and G.L. c. 41, §81I. I am sensitive to their concerns. For that reason, the Board of Public Works has the discontinuance scheduled for its meeting on July 11, 1990. It is anticipated that the Board will recommend the discontinuance and will forward its recommendation to City Council prior to the Council meeting on July 19, 1990. Similarly, I would hope the Planning Board will consider the petition and forward its recommendation to the City Council. If time were not an issue, I would have filed the petition and asked City Council to defer it so that the petition would follow the "usual track for these things." The Hospital is asking only that the Planning Board report to City Council prior to July 19th, that the Board has seen the petition, considered it at its meeting on July 12, 1990 and that there is no need for City Council to refer the petition to the Planning Board for any further review, i.e. no new streets are created, the discontinuance is entirely within the property of Cooley Dickinson Hospital, Inc., no new lots or development rights are created or affected, etc. Thank you for your consideration in getting us on your agenda. We will be present at 8:45 P.M. on July 12, 1990. EDE /and enc. cc: Councilor Mary L. Ford, President Craig N. Melin, President, Cooley Dickinson Hospital Joseph Beauregard, M.D., Chairman, Planning Board • Andrew J. Siegel, Esq. Very my ours, 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 • Northampton Parking Commission July 9, 1990 Atty. Edward D. Etheredge Barnes & Etheredge Law Offices, Inc. 143 Main Street Northampton, MA 01060 Re: Denniston Place /Hospital Road Discontinuance Dear Mr. Etheredge: I have your July 6 letter requesting the captioned matter be placed on the Planning Board's July 12 agenda. We can do that, but please note that the agenda for that night is extremely busy - -there are six ZBA cases to be reviewed, and three public hearings. I would not expect that you could be heard until around 9:00 p. m., and suggest that you and your people arrive about 8:45. Also, the usual track for these things involves first a referral by the City Council to the Planning Board and DPW. This has not happened, but I would not expect the Planning Board to make that a barrier to progress. Sincerely, Robert J. Pascucci Board Secretary (for Dr. Beauregard, who has not seen your letter) Pd�S yr v T 1 LEGAL NOTICE 'PUBLIC HEARING The Northampton City Council will hold a Public Hearing on Thursday, July 19, 1990 at 8:30 P.M., in City Council Chambers of the Wallace J. Pulchalski Municipal Office Building at 212 Main Street, Northampton, to consider the petition to the Northampton City Council to discontinue the intersecting portions of those roadways as city streets. This Public Hearing is being held in accord- ance with Section 19-44 of the Code of Ordi- nances of the City of Northampton and G.L. c.82, section 32A. Copies of the plans and petition are available for public inspection during regular business hours at the office of the. j Board of Public Works, , 125 Locust Street, Northampton, Massachusetts, and the City Clerk's office, City Hall, 210 Main Street, Northampton, Massachusetts. July 5, 9 BENJAMIN A. BARNES EDWARD D. ETHEREDGE MYRA G. ORLEN * *Also Admitted in Maine Barnes & Etheredge LAW OFFICES, INC. 143 MAIN STREET NORTHAMPTON, MASSACHUSETTS 01060 (413) 584 -0368 FAX (413) 585 -5125 July 6, 1990 Dr. Joseph Beauregard, Chairman Northampton Planning Board City Hall 210 Main Street Northampton, MA 01060 Re: Discontinuance of Intersection of Denniston Place and Hospital Road Dear Dr. Beauregard: I enclose: 1. Petition To Discontinue Denniston Place and Hospital Road (10 copies) 2. Memorandum dated June 28, 1990 concerning the discontinuance (10 copies) 30 BRIDGE STREET SHELBURNE FALLS, MA 01370 (413) 625 -9888 Of Counsel DONALD T. HILLIER 3. Photocopied portion of the plan showing the proposed discontinuance. The proposed discontinuance is entirely within the property of Cooley Dickinson Hospital, Inc. The Planning Board was omitted from my original memorandum on June 28, 1990 because the state statute governing discontinuances (G.L. c. 82 §32A) requires approval only by the City Council and Section 19 -43 of the revised ordinances of the City of Northampton states: "The mayor and city council shall act first on the petition, and if they deem it best that a view or hearing shall be had thereon, they shall refer it . immediately to the board of public works and to the planning board." As the memorandum notes, the board of public works has been working for several months to lay -out and negotiate an agreement for the discontinuance. Agreement was reached on June 25, 1990, and the Board of Public Works will vote to approve the Agreement at its meeting on July 11, 1990 and recommend the discontinuance to City Council for action at its meeting on July 19, 1990. EDE /kaw Enc. Dr. Joseph Beauregard, Chairman July 6, 1990 Page 2 As the memorandum also notes, because of the scheduling of meetings in the summer, and the thirty day appeal period from the City Council's vote, unless the discontinuance is heard and approved on July 19, 1990, it will severely impact the hospital's financing and planned renovations. I am requesting that the petition for discontinuance be placed on the Planning Board's Agenda for its meeting on July 12, 1990. The reason for this request is that despite the language of the first sentence of section 19 -43 suggesting that the City Council is not required to refer the discontinuance to the Planning Board, the second sentence of section 19 -43 states: "No public way shall be laid out . . . or discontinued until the planning board has reported to the city council . . . ". Section 19 -43 revised ordinances of the City of Northampton. I have reviewed this language with Asst. City Solicitor Kathleen Fallon. We are agreed that the most prudent course in approving the discontinuance would be to refer it to the Planning Board for approval at its meeting on July 12, 1990. I will be in attendence at the meeting as will representatives of the Cooley Dickinson Hospital and I will ask a member of the board of public works to also be present to answer any questions on the approval of the discontinuance. Please let me know if you require any further information. Ver _ truly ours dward D. Et =redge cc: Craig N. Melin, President, Cooley Dickinson Hospital John C.H. Richards, III, Chairman, Board of Public Works Andrew J. Siegel, Esq. 2. The proposed discontinuance would relieve the City of Northampton of its obligation to plow, maintain and repair that portion of the roadway and the underlying utilities. 3. The proposed discontinuance would relieve the City of Northampton of its liability for claims as a result of the condition or layout of the roadway. WHEREFORE, We the undersigned residents of the _ City of Northampton respectfully request the City Council of the City of Northampton discontinue the attached and described portion of Denniston Place. July 22, 2004 F: \WORD \CDH\Denniston Discontinuance.petdoc COOLEY DICKINSON HOSPITAL, INC. Edward D. Etheredge, 128 Baker Hill Road, Florence, MA 01062 Shelley Steuer, 100 Washington Avenue, Northampton, MA 01060 Thomas P. Caine, 26 Barrett Place, Northampton, MA 01060 Catherine Bartlett, 191 North Elm Street, Northampton, MA 01060 Frederick U. Fierst, 10 Park Street, Florence, MA 01062 John P. Pucci, 173 Maple Ridge Road, Northampton, MA 01060 Susan Etheredge, 128 Baker Hill Road, Florence, MA 01062 Janet Martyn, 5 Crescent Street, Northampton, MA 01060 Dorothy J. Nemetz, 44 Munroe Street, Northampton, MA 01060 Sally M. Griggs, 9 Barrett Place, Northampton, MA 01060 E: \WORD \CDHMDenniston Discontinuance petdoc PE'i'l'1'ION FOR DISCONTINUANCE OF DENNISTON PLACE TO: CITY COUNCIL CITY OF NORTHAMPTON WHEREAS the City of Northampton discontinued portions of Denniston Place and Hospital Road on July 19, 1990; and, WHEREAS there remains a portion of Denniston Place that lies on the property of the Hospital that has not yet been discontinued; now THEREFORE, We the undersigned residents of the City of Northampton and the Hospital request that the following portion of the public way known as Denniston Place lie discontinued in accord with M.G.L. c. 82, §21 and Sections 19-42 and 19-43 of the Code of Ordinances of the City of Northampton: The proposed discontinuance begins at the present terminus of Denniston Place to . a point at and parallel to the property line of land conveyed to Cooley Dickinson Hospital, by Deed of Henry Drinker and Deborah Drinker and recorded with the Hampshire County Registry of Deeds in Book 7894, Page 279 and contains 18,648 square feet, more or less, as shown on Exhibit A, consisting of a Plan of Proposed Discontinuance in Northampton, Massachusetts, prepared for Cooley Dickinson Hospital, Inc. by Abner Huntley, Jr. & Associates, Inc., dated July 21, 2004 and attached to this Petition. This Petition for a Discontinuance of a Portion of Denniston Place is based upon the following: 1. The portion of Denniston Place proposed for discontinuance is entirely within the property owned by the Hospital In City Council, August 19, 2004 The attached petition was referred to Planning Board and Board of Public Works. Attest. Jerk of Council In City Council, December 2, 2004 APPROVED Attest: Clerk of Council July 22, 2004 2. The proposed discontinuance would relieve the City of Northampton of its obligation to plow, maintain and repair that portion of the roadway and the underlying utilities. 3 The proposed discontinuance would relieve the City of Northampton of its liability for claims as a result of the condition or layout of the roadway. WHEREFORE, We the undersigned residents of the City of Northampton respectfully request the City Council of the City of Northampton discontinue the attached and described portion of Denniston Place. F:IWORD\CDHIDenniston Discon inuancp.pet.doc By: COOLEY DICKINSON HOSPITAL, INC. Edward D. Etheredge, 128 Baker Hill Road, Florence, MA 01062 Shelley Steuer, 100 Washington Avenue, Northampton, MA 01060 Thomas P. Caine, 26 Barrett Place, Northampton, MA 01060 Catherine Bartlett, 191 North Elm Street, Northampton, MA 01060 Frederick U. Fierst, 10 Park Street, Florence, MA 0 John P. Pucci, 173 Maple Ridge Road, Northampton, MA 01060 Susan Etheredge, 128 Baker Hill Road, Florence, MA,01062 Janet Martyn, 5 Crescent Street, Northampton, MA 01060 Dorothy J. Nemetz, 44 Munroe Street, Northampton, MA 01060 Sally M. Griggs, 9 Barrett Place, Northampton, MA 01060 i rm a G N ;' r K m g2 tnr 0'; ;; l- .E22Q092.mS ,Z 2 e QQMPO D .a y SOnN• 02=! ..,=m-,B-.T ,- — 2 ▪ O 0 0 0 m 0 ^' E K m 0 A Q . 2 p . m 9 0 r -( m q • C o N , Q S bC Z rn • K N ?a >v _ — 8 o O Z 2 9 P9 ' 2—F. a 1D - — \og _ �� pp m o Smnni m [ - 8n � _ ' K 2> np > m KS '' crr, C aoy , Q 2 mm-aoN ... K 22 ~ S rr u m S _ m 2 omM rwm A m 0 = moo 2 2 z 2 c .Cm.. EF, F,i3ln �ma to SKr Z��NKm� 9 a� Na ao� s p y p N _ gl.IC K p� Dg ; p �2 ,aj,tgC su.Pmm9 9 � w 2025 -Np mZy , comp m�, z cm. 0 0rn c r „ m a p c 'mT ,Q2 ia.Dm Um m r n 0 2 o -C iK t2 • K m 0 CI) \ \ / 4 0 v PLAN OF PROPOSED DISCONTINUANCE OF DENNISTON PLACE NORTHAMPTON, MASSACHUSETTS HAMPSHIRE. COUNTY PREPARED FOR COOLEY DICKINSON HOSPITAL, INC. 0 S rn 0 2 N f 2 2 0 2 2 HUNTLEY HUNTLEY ASSOCIATES, P.C. SURVEYORS ENGINEERS LANDSCAPE ARCHITECTS 30 INDUSTRIAL, DRIVE EAST NORTHAMPTON, MASSACHUSETTS 01060 44 of Northampton, Massachusetts Planning and Development - City Hall, 210 Main Street --* NOrtharinpton, MA 01060 -. p. gy cc rn (413)587:-1266 (413) 587-1 fax z Z -4 Carolyn Misch 587-1287 crnisch©northamptonplanning.org ftHAmplo MEMORANDUM TO: City Council, George Andrikidis; Board of PublicWorks FROM: Carolyn Misch, Senior Land Use Planner/Permits Manager • ' RE: Discontinuance of Denniston Place DATE: September 14, 2004 At its September 9, public meeting, the Planning'Board Voted unanimously tc:F recommend that City CoUncii approve the request for the discontinuance of.Denniston Place as a City Street. The Board further recommended that if appropriate to facilitate the movement of _ DPW maintenance vehicles and public safety vehicles the City maintain an easement to pass and repass between Elm Street and Hospital Road. .■ 1 George Andrikidis, P.E. Director dieeaeo(5:7 Ned Huntley City Engineer 1 /1, U :1Denniston Place lStreet Discontinuance.doc CITY OF NORTHAMPTON, MASSACHUSETTS DEPARTMENT OF PUBLIC WORKS 125 Locust Street Northampton, MA 01060 413 - 587 -1570 Fax 413 -587 -1576 REPORT AND RECOIVIlVIENDATION OF THE BOARD OF PUBLIC WORKS TO THE CITY COUNCIL On August 19, 2004, the Northampton City Council referred to the Northampton Board of Public Works and the Northampton Planning Board a petition for the discontinuance of Denniston Place. The Board of Public Works held a public hearing on October 13, 2004 and at it's meeting on October 27, 2004, after considering the petition, voted unanimously to recommend the discontinuance. Respectfully submitted The Board of Public Works of the City of Northampton c: Northampton Board of Public Works Northampton Planning Board EDWARD D. ETHEREDGE SHELLEY STEGER' 'Also Admitted in New York and California HAND DELIVERED Cc: George Andrikidis • Janet Shepard, City Solicitor EDE /dmo Enc. Etheredge 6z Steuer, P.C. ATTORNEYS AT LAW 64 GOTHIC STREET NORTHAMPTON, MASSACHUSETTS 01060 (413) 584 -1600 FAX (413) 585 -8406 July 30, 2004 Ms. Wendy Mazza City Clerk City of Northampton 210 Main Street Northampton, MA 01060 RE: Petition For Discontinuance of Denniston Place Dear Ms. Mazza: I enclose for filing an original Petition For Discontinuance of Denniston Place, signed by ten Northampton Residents, with 9 copies. Also enclosed is a Plan of the Proposed Discontinuance dated July 21, 2004. Very truly yours, `; i, - L 7/ 0 Edward D. Ethered EDWARD D. ETHEREDGE SHELLEY STEUER' • Also Admitted in New York and Califomia Dear Mr. Goggins: Etheredge & Steuer, P.C. ATTORNEYS AT LAW 64 GOTHIC STREET NORTHAMPTON, MASSACHUSETTS 01060 (413) 584 - 1600 FAX (413) 585 -8406 June 13, 1996 its // -a a �- "/"1,44: D y ,Aes#p;-ia', Alsec. Patrick M. Goggins, President 4 ,44 N Northampton City Council �``��'''' '� 210 Main Street 4 Sr �/c Northampton, MA 01060 /10 p`if f 1, ; Re: - Discontinuance of Denniston Place - Cooley Dickinson Hospital 1J rtv` h''/ I enclose for your review and distribution to the appropriate city councilors a copy of a Petition for Discontinuance of a Portion of Denniston Place. As you may know, the intersection of Denniston Place and Hospital Road was discontinued on July 19, 1990 by Resolution of the Northampton City Council. The Hospital had hoped, in planning for its new addition, to achieve an agreement with Dr. and Mrs. Drinker, the only other property owners on Denniston Place, for the complete discontinuance of Denniston Place. We were unable to reach such an agreement and the Hospital, in cooperation with the Department of Public Works, is now seeking to discontinue only that portion of Denniston Place up to the Drinkers' property line. As part of the discontinuance, the Hospital also requests that the present easement over the roadway running in front of the McCallum Building be released and the Hospital will grant a new easement to the City over the new roadway behind the McCallum Building. I enclose a draft of the proposed easement and the release of the existing easement. By copy of this letter I have delivered copies of the easement and release for review by City Solicitor Janet Sheppard and to George Andrikitis. S S /kap Enc. cc: Janet Sheppard, City Solicitor George Andrikitis Liz Weisbach, Vice President ery truly yo rs, az/A_ Shelle Y Steuer I ,- J'r /4 The following is the description of a proposed discontinuance of a portion of Denniston Place, Hampshire County, Massachusetts, and is more particularly bounded and described as follows: Beginning at a point on the southerly sideline of Denniston Place being S88°-54'-49"W, and a distance of 218.90 feet from the westerly sideline of North Elm Street (Route 9). Said point being at the northwesterly corner of land of Henry Drinker and Deborah Drinker and at the northeasterly corner of land of The Cooley Dickinson Hospital, Inc.; Thence, running S88 °- 54' -49 "W, a distance of 137.57 feet to a point; Thence, running N53 °- 08' -41 "W, a distance of 81.32 feet to a point; Thence, running N88 °- 54' -49 "E, a distance of 205.90 feet to a point; The last three (3) courses being along land of said Cooley Dickinson Hospital, Inc. Thence, running S03 °- 42' -53 "W, a distance of 50.18 feet to the point of beginning. The above described discontinuance contains 8,587 square feet, more or less. For further reference, see a plan entitled "Plan of Proposed Discontinuance in Northampton, Massachusetts, Prepared for Cooley Dickinson Hospital, Inc." dated May 21, 1996, and prepared by Almer Huntley, Jr. & Associates, Inc., 30 Industrial Drive East, Northampton, MA 01060. 3urv\96- o99\tegaesc 3nuw EASEMENT DEED J : r for consideration paid and in full consideration of $1.00, en 113g Riese Presents THAT COOLEY DICKINSON HOSPITAL, INC., formerly known as THE COOLEY DICKINSON HOSPITAL, INC., a charitable corporation duly organized and existing under the laws of the Commonwealth of Massachusetts, and having its usual place of business in Northampton, Hampshire county, Massachusetts, grants to the CITY OF NORTHAMPTON, a municipal corporation duly organized and existing under the laws of said Commonwealth, and having its usual place of business at 210 Main Street in said Northampton, A perpetual right of way and easement with respect to the following described roadway situated in Northampton, said right and easement to be for all purposes for which streets and ways are commonly used, except that there shall be no parlcing of any vehicles thereon, said right and easement to include but not be limited to the right to travel by foot and by vehicle and the right to maintain, construct, reconstruct and repair any water, sewer, storm water or other drainage lines and appurtenant facilities in, on, under and over the said roadway: The roadway connecting the westerly terminus of Denniston Place, said terminus being at the intersection of land of Henry Drinker and Deborah Drinker and land of Cooley Dickinson Hospital, (a distance of 218.90 feet from the westerly sideline of North Elm Street (Route 9) as measured along the southerly sideline of Denniston Place) with the Northerly terminus of Hospital Road. The roadway herein described is approximately 530 feet in length, more or less. Grantor herein at the same time hereby revokes a perpetual right and easement granted to the City of Northampton by deed dated July - 20, 1990 and recorded in the Hampshire County Registry of Deeds in Book 3596, Page 46 and by an unsigned deed recorded in said Registry in Book 3596, Page 43. The consideration for this easement deed is less than $100.00, therefore no Massachusetts deed excise stamps are required. The following is the description of a proposed discontinuance of a portion of Denniston Place, Hampshire County, Massachusetts, and is more particularly bounded and described as follows: Beginning at a point on the southerly sideline of Denniston Place being S88 °- 54' -49 "W, and a distance of 218.90 feet from the westerly sideline of North Elm Street (Route 9). Said point being at the northwesterly corner of land of Henry Drinker and Deborah Drinker and at the northeasterly corner of land of The Cooley Dickinson Hospital, Inc.; Thence, running S88 °- 54' -49 "W, a distance of 137.57 feet to a point; Thence, running N53 °- 08' -41 "W, a distance of 81.32 feet to a point; Thence, running N88 °- 54' -49 "E, a distance of 205.90 feet to a point; The last three (3) courses being along land of said Cooley Dickinson Hospital, Inc. Thence, running S03 °- 42' -53 "W, a distance of 50.18 feet to the point of beginning. The above described discontinuance contains 8,587 square feet, more or less. For further reference, see a plan entitled "Plan of Proposed Discontinuance in Northampton, Massachusetts, Prepared for Cooley Dickinson Hospital, Inc." dated May 21, 1996, and prepared by Almer Huntley, Jr. & Associates, Inc., 30 Industrial Drive East, Northampton, MA 01060. » \96.099 \tegaesc CITY CLERKS OFFICE NORTHAMPTON, MA 01060 In Cit R and At This Petition for a Discontinuance of a Portion of Denniston Place is based upon the following: 1. The portion of Denniston Place proposed for discontinuance is entirely within the property owned by the Hospital. 2. The proposed discontinuance would relieve the City of Northampton of its obligation to plow, maintain and repair that portion of the roadway and the underlying utilities. 3. The proposed discontinuance would relieve the City of Northampton of its liability for claims as a result of the condition or layout of the roadway. 4. The proposed discontinuance was a condition set by the Planning Board and Zoning Board of Appeals of the City of Northampton. WHEREFORE, We the .undersigned residents of the City of Northampton respectfully request the City Council of the City of Northampton discontinue the attached and described portion of Denniston Place. June , 1996 ncil, June 20, 1996 d to the ' anning Board of Public orks ,City Clerk COOLEY DICKINSON HOSPITAL, INC. c GdV " lam / ' -4,2i po'q 7 in, Its President itk„liue TO: CITY COUNCIL CITY OF NORTHAMPTON and Hospital Road on July 19, 1990; and, PETITION FOR DISCONTINUANCE OF A PORTION OF DENNISTON PLACE WHEREAS the City of Northampton discontinued portions of Denniston Place WHEREAS Cooley Dickinson Hospital, Inc. ( "the Hospital ") received approvals in 1990 to construct a new addition to the hospital from the Northampton Planning Board and the Northampton Zoning Board of Appeals which required the Hospital to petition for the discontinuance of all of Denniston Place that lies entirely within the property of the Hospital; and WHEREAS there nevertheless remains a portion of Denniston Place that lies on the property of the Hospital that has not yet been discontinued; now THEREFORE, We the undersigned residents of the City of Northampton and the Hospital request that the following portion of the public way known as Denniston Place be discontinued in accord with M.G.L. c. 82, §21 and Sections 19 -42 and 19 -43 of the Code of Ordinances of the City of Northampton: The proposed discontinuance begins at the present terminus of Denniston Place to a point at and parallel to the property line of Henry Drinker and Deborah Drinker and contains 8,587 square feet, more or less, all described on Exhibit A and as shown on Exhibit B, consisting of a Plan of Proposed Discontinuance in Northampton, Massachusetts, prepared for Cooley Dickinson Hospital, Inc. by Almer Huntley, Jr. & Associates, Inc., dated May 21, 1996 and attached to this Petition. This Petition for a Discontinuance of a Portion of Denniston Place is based upon the following: 1. The portion of Denniston Place proposed for discontinuance is entirely within the property owned by the Hospital. 2. The proposed discontinuance would relieve the City of Northampton of its obligation to plow, maintain and repair that portion of the roadway and the underlying utilities. 3. The proposed discontinuance would relieve the City of Northampton of its liability for claims as a result of the condition or layout of the roadway. 4. The proposed discontinuance was a condition set by the Planning Board and Zoning Board of Appeals of the City of Northampton. WHEREFORE, We the undersigned residents of the City of Northampton respectfully request the City Council of the City of Northampton discontinue the attached and described portion of Denniston Place. June ,1996 In Cit Council, June 20, 1996 R= err -d to the ' anning Board and ;oar., of Public orks `Mk COU4,_ At L2cP ,City Clerk COOLEY DICKINSON HOSPITAL, INC. By: Craig N. - lin, Its President --In City Council, December 6, 1990 The following petition was referred to the Planning Board and the Board of Public Works TO: CITY COUNCIL CITY OF NORTHAMPTON PETITION FOR DISCONTINUANCE OF A PORTION OF DENNISTON PLACE WHEREAS the City of Northampton discontinued a portion of Denniston Place on July 19, 1990; and, WHEREAS The Cooley Dickinson Hospital, Inc. has received approvals to construct a new addition to the hospital from the Northampton Planning Board and the Northampton Zoning Board of Appeals which require The Cooley Dickinson Hospital, Inc. to petition for the discontinuance of all of Denniston Place that lies entirely within the property of the hospital; now, THEREFORE, We the undersigned residents of the City of Northampton and The Cooley Dickinson Hospital, Inc. request that the following portion of the public way known as Denniston Place be discontinued in accord with M.G.L. c.82 §21 and Sections 19 -42 and 19 -43 of the Code of Ordinances of the City of Northampton. The proposed discontinuance begins at the present terminus of Denniston Place to a point at and parallel to the property line of Henry Drinker and Deborah Drinker and contains 8,587 square feet, more or less, all as shown on a Plan of Proposed Discontinuance in Northampton, Massachusetts, prepared for The Cooley Dickinson Hospital, Inc. by Almer Huntley, Jr. & Associates, Inc., dated November 19, 1990, and attached to this Petition. This Petition for a Discontinuance of A Portion of Denniston Place is based upon the following: 3 ;990 1. The portion of Denniston Place proposed for discontinuance is entirely within the property owned by The Cooley Dickinson Hospital, Inc. 2. The proposed discontinuance would relieve the City of Northampton of its obligation to plow, maintain and repair that portion of the roadway and the underlying utilities. 3. The proposed discontinuance would relieve the City of Northampton of its liability for claims as a result of the cond.tion or layout of the roadway. 4. The proposed discontinuance is a condition set by the Planning Board and Zoning Board of Appeals of the City of Northampton. WHEREFORE, We the undersigned residents of the City of Northampton respectfully request the City Council of the City of Northampton discontinue the attached and described portion of Denniston Place. November 29, 1990 THE CO( DICKINSON HOSPITAL, INC. 60. ��`i. 0.4, 4 R 114 PC Lc.0 /. /J A rAte6; ia /en e %'!41.Co ;r, / //9l`!` z l ;' /ryr,G i'J / / '�� l ^(i ✓f� C ' - ./���C.r•; .G /r "� 1 ✓% f' ...r • �.�� �'�.i �_:G•�.�i. ~ i •'s ��, tl i..'.., ! t-1 '.) t- r! t\.:: L. C\. / By Its Pres • C is `O\i '3 /Vaal r. 65 :4V e.1 yr O Q1� Q ppl C3 �,o v 5� a z -c co cr eq ti J ) 0 0 u w z 0 0 w •z 0 0 0 0 0 0 Referee. to Planning Dept. & Public Works TO: CITY COUNCIL CITY OF NORTHAMPTON FJWORD \CDH\Denniston D scontinuance.petdoc PETITION FOR DISCONTINUANCE OF DENNISTON PLACE WHEREAS the City of Northampton discontinued portions of Denniston Place and Hospital Road on July 19, 1990; and, WHEREAS there remains a portion of Denniston Place that lies on the property, of the Hospital that has not yet been discontinued; now THEREFORE, We the undersigned residents of the City of Northampton and the Hospital request that the following portion of the public way known as Denniston Place be discontinued in accord with M.G.L. c. 82, §21 and Sections 19 -42 and 19 -43 of the Code of Ordinances of the City of Northampton: The proposed discontinuance begins at the present terminus of Denniston Place to a point at and parallel to the property line of land conveyed to Cooley Dickinson Hospital by Deed of Henry Drinker and Deborah Drinker and recorded with the Hampshire County Registry of Deeds in Book 7894, Page 279 and contains 18,648 square feet, more or less, as shown on Exhibit A, consisting of a Plan of Proposed Discontinuance in Northampton, Massachusetts, prepared for Cooley Dickinson Hospital, Inc. by Almer Huntley, Jr. & Associates, Inc., dated July 21, 2004 and attached to this Petition. This Petition for a Discontinuance of a Portion of Denniston Place is based upon the following: 1. The portion of Denniston Place proposed for discontinuance is entirely within the property owned by the Hospital. 0 v m � O trIZ 0 • - mzaf`_,mmvi =Xm 0 . p 9�OV O,Am C5gT 02 ; a > p->�- �,n . m > 0 c ' . Vir �' - N� ti 9 2 mQmu y_ mm-1ri ,Kpm>ga r Om inm Nm rang !^mm ms > " m t- rm., 1ll,mmK N2 r > yr Mm T � ; = >m m-c �m O = 0 0 O N 4 N >ZS >0 m > -„ K S �Nn 2 2 m�O m >O• n> -> • n z � 0 ?z _ A mi Z O?>S0nN '20mbmq a Cm PG - ,oC n — c O K y O a D m SI' Pfonp. OO m K m j [ > Z , KN ;ym oz 2g1 R.222 IP O S o m n o m a m K `"0,` (y vm =� m' or"' K N g v am=3: s> t ,N g z� > N K N 9 2 Z O n O N S. y n 0 2 O N • u 2512 n..N� mf 2„0,_ Om "t 2QgA N F f]m 0Q a-<o - _'cN + T pad E mo N O m > z _( y ON y ° NS i m-c K K 2 PLAN OF PROPOSED DISCONTINUANCE OF DENNISTON PLACE NORTHAMPTON, MASSACHUSETTS 1 S HAMPSHIRE COUNTY .._._.. .. _.. __.. _..PREPAREDFOR_ COOLEY DICKINSON HOSPITAL INC. 7 0 m m 9 a +Ai 2 N 0 m 2 z m 2 \\ C A r <50 MAS cl o � p � N p1 HUN TLEY HUNTLEY ASSOCIATES, P.C. SURVEYORS _ENGINEERS. LANDSCAPE ARCHITECTS 30 INDUSTRIAL DRIVE EAST NORTHAMPTON, MASSACHUSETTS 01060 T//E COOLEY //O.CP /TA/. /4k. \ 8EE 800r 1(55 ^-R4jE 335 PARCEL 7W0 G°O • C C !, J 1/ORT1/4M.°7 7 U COOtD /LATE SYSTEM JJ /6924.54 E:24646. 7/ Los THE COOLEY D /et i i'O,U /IOSP /TA,C, /LC. SEE : BOOA' 2485 - PAOi.E .335 PARCEL ONE 1 PAttE,L TWO (PO,er/O,U) x; 80,X 395 PACE 23/ I el p MCLA,L.CU/M /-lEAJ,eY D.e %ur.E,e 1 DEBO,eAN D,e %ileE,e (SEE: 500K 2Z40 --•P,e4E 2/4 PL. BOOK /2 PM 35 PL. BOOK 26 -PAC,E 77 TN,E COOLEY D /CK/,USOAJ /--/O& • SEE: 577/' 2485-- 134O,,E 335 PA &.E.L8' FOE, RYE, 8/. PC. BOOK 4 PAa.E 7.2 P.C. 80OK .2(o -PA4E 77 PETITION TO DISCONTINUE DENNISTON PLACE AND HOSPITAL ROAD To: City Council City of Northampton, Hampshire County, Massachusetts We, the undersigned residents of the City of Northampton and Cooley Dickinson Hospital, Inc., of Northampton, Hampshire County, Massachusetts, present this petition and requests that the roads known as Denniston Place and Hospital Road be discontinued in accordance with M.G.L. c.82 §32A. Petitioner requests that the road known as Denniston Place be discontinued from its terminus at its intersection with Hospital Road a distance of 513.16 feet on the northerly sideline of the road and a distance of 363.39 feet on the southerly sideline of the road, containing 20,478 square feet, more or less, and all as set out on the Plan of Rights-of-Way in Northampton, Massachusetts, prepared for Cooley Dickinson Hospital, Inc. by Almer Huntley, Jr. & Associates, Inc.,ddated March 23, 1990. Petitioner requests that the road known as Hospital Road be discontinued from its terminus at its intersection with Denniston Place a distance of 332.49 feet on the easterly sideline of the road and a distance of 368.15 feet on the westerly sideline of the road, containing 14,648 square feet, more or less, and all as set out on the Plan of Rights -of -Way in Northampton, Massachusetts, prepared for Cooley Dickinson Hospital, Inc. by Almer Huntley, Jr. & Associates, Inc., dated March 23, 1990. This petition for the discontinuance of Denniston Place and Hospital Road is based on the following: 1. The portions of both Denniston Place and Hospital Road which are the subject of this petition are entirely within property owned by the petitioner, Cooley Dickinson Hospital, Inc. 2. Discontinuance of Denniston Place and Hospital Road would save the City from its obligation to plow, repair and maintain the roads. 3. Discontinuance of these roads would relieve the City of liability on what is a particularly congested and dangerous intersection. The effect of the discontinuance on the petitioner and landowner, Cooley Dickinson Hospital, Inc., will be to promote From: Edward D. Etheredge Date: June 28, 1990 MEMORANDUM To: Mary L. Ford, Chair Northampton City Council Raymond LaBarge, Chair City Council Property Committee Peter McNulty, Acting Director Board of Public Works John C. H. Richards, III, Chair Board of Public Works Kathleen Fallon Assistant City Solicitor Craig N. Melin, President Cooley Dickinson Hospital, Inc. Re: Petition for Discontinuance Denniston Place, Hospital Road 1. Cooley Dickison Hospital, Inc., represented by Attorney Andrew J. Siegel, has been working with the Board of Public Works for several months to locate and work out a plan for the discontinuance of portions of Denniston Place and Hospital Road, public ways in the City of Northampton. 2. 'The discontinuance is necessary because the planned layout of these ways does not conform with the present construction of the roadways intersecting in front of the McCallum Building and the new emergency department of the hospital. The layout of these roads in 1885 and 1934 is such that the present hospital building is sited on a portion of the roadway. This defect causes a reservation to be held by the title insurance company insuring the title to the hospital's property, a condition of the hospital's permanent financing. As a consequence, the hospital has had to hold $500,000.00 in escrow and has been unable to use these monies for the renovation of the hospital and the purchase of additional necessary equipment for the hospital. Further, if the defect continues beyond the end of the hospital's fiscal year, the year -end audited reports of the hospital will note both the escrow and the continuing title defect. These problems will severely impact on the hospital's ability to obtain bond financing for any new construction and renovation at the hospital. It is necessary to immediately and expeditiously resolve and cure the title defects.