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Brewster C. & Kirkland Ave DiscontinuanceCITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT TO: FROM: SUBJECT: DATE: FILE: PGK /jad Paul Hadsel, DPW Larry Smith, Planning Board Penny Kim Discontinuance of Kirkland Avenue April 7, 1988 MEMORANDUM Please be advised that the petition for discontinuance of Kirkland Avenue will be withdrawn. A Request for Withdrawal of Petition will go to the City Council for their April 7th meeting. A Public Hearing on the discontinuance of Brewster Court is still in order. Northampton Planning Board June 23, 1988 Meeting Page Eight Board...shall be exercised with due regard...for securing.safety in the case of fire...," and felt the Board was mandated to. create a plan to protect people." L. Smithurged that the entire Section be looked at- "It leaves it up/to the Planning Board to decide what's reasonable. Is /'a. pumping truck reasonable? Kennedy Road, Sylvester and Audubon. Roads all rely on pumping trucks." Patrick Goggins, one of the developers, said, "We've relied upon the information available to us to prepare our plan that is here tonight. We want approval, and we want to address'the concerns. I checked with the residents of Whittier Drive: There's a ten inch line from Whittier Drive to Autumn Drive, and the pressure is quite poor. If we extended the 'line, buyers would have city water with inadequate pressure, and money would be wasted." E. Gare asked to have the "Purpose" Section re -read (it was), and then stated that, in light of the statement above, .he didn't see how we could approve any subdivision not on. city water. He moved the Preliminary Subdivision Plan be disapproved.. There was no second. Atty. Donald Todrin commented, "Due regard means consider within the realmof an imperfect system. 'Due regard' allows the Planning Board to exercise judgement." Mr. Pichette reiterated "The Subdivision Regulations say we can do what we propose to do," and E. Gare, adamant in his opposition, said, "The Board should stand up on its hind feet.!' J. Hale suggested the Planning Board get together with the Fire Department and the DPW and try to set a policy: She then so moved, J. Beauregard seconded, and the motion passed unanimously: Mr. Pichette said he would prefer to waive the time constraints than_ get denied. this evening, and it was agreed to reconsider and vote on the Subdivision Plan on July 28th, and be allowed to have. until August 4th to type and file the. Decision. Mr. Smith ;`asked, "Do we need city water everywhere,, or do we..try to get the most reasonable alternative: and approve it J. Beauregar'd felt that "we are overloading the system. We can't put water and sewer everywhere, and we can't rely on the Fire Department -to fight three suburban fires at the same time." As tors' the storm drainage proposal, G. Andrikidis said the storm drain to Parson:'s Brook must be under blacktop, so it could be located in the winter if need be M. Mendelson asked the deelopers to:consider enlarging lot sizes, and Mr. Pichette e lid ,,�,t =h:e{ losasshown. average awo acres At 10:30, Ch. Duseau read Penny Kim's request that the Board not Northampton Planning Board. Junes 23,. 1988 Meeting Page Nine take action tonight on the Brewster Court discontinuance. 3h* D seau 'the resignation letter of Mr Jasinski She 's a'ri'd she has told the Mayor that the. Board could use the services of a landscape architect or land use person. The meeting adjourned: at:1.0:36. Paul 0.. Hadsei Director of Public Works. Peter J. McNulty, Sr: Assistant Director of Public Works CITY OF NORTHAMPTON, MASSACHUSETT DEPARTMENT OF PUBLIC WOR S 125 Locust Street Northampton, MA 01060 cc :I/Mayor David_ B. Musante, Jr. John Gare, Parking Commission 413. 586.6950 ext. 270 TO:. Planning Development FROM:. Paul. O. Hadsel, Director of Public. Works DATE June: 13, 1988 SUBJECT:. Discontinuance of Brewster Court Curb cuts on Hampton Avenue: would be hazardous and after viewing the site it was felt that in most instances site distance on the busy narrow street would not allow the issuance of permits. Access to the parking spaces at the end_ of Brewster on the northeasterly side would be very difficult and would probably necessi- tate an entry from the parking, garage roadway. Benefit to the garage would only be asthetic and the loss to the residents and the concerns versed were valid in the Board's opinion. JUN 1 4 1988 MAYOR'S OFFICE At its regular meeting on June 8, 1988, the Board of Public Works voted against discontinuance of Brewster Court.. The Hearing held at 6:30 P.M.. prior to the Board. meeting and the inspection_by the Board led. to the following, concerns:. Access :for the residents would. be. restricted, particularly the two houses owned. by.Standick.Trust at the end of the private way. CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM Paul Hadsel, Director, Department of Public Works Lawrence B. Smith, Senior Planner TO: FROM: SUBJECT: DATE: FILE: cc: Request for Discontinuance of Kirkland Avenue and Brewster Court April 5, 1988 At their meeting on March 24th the Planning Board reviewed the attached Memo from Assistant City Solicitor Kathleen Fallon relative to a petition to discontinue Kirkland Avenue and Brewster Court. During their discussion on this matter the Board became aware that, though the City Council hadn't (and was not required to) referred the discontinuance requests to the DPW for review and a Public Hearing, the DPW did have concerns about these requests relative to effects on utilities and continued access to the rear of the existing structures. In addition, a number of owner's of property abutting Kirkland Avenue attended the Planning Board meeting and expressed there opposition and concern with the discontinuance request, and the fact that no Public Hearing was scheduled to be held. The Planning Board voted unanimously to refer these discontinuance requests to your Board for your review, and suggest that a Public Hearing be held. Would you please let me know when this Public Hearing will be held so that I can inform the Board. At the time that the Planning Board reconsiders this matter they would like both yourself and Kathleen Fallon in attendance. Kathleen Fallon Penny Kim Mayor Musante Northampton Planning Board March 24, 1988 Meeting Page Eight 3. At least the binder course has been instlled. K. The total responsibility for the maintenace (including snow and ice removal), repair, reconstruction''of the roadway and utilities shall remain with the deve10`ers, their successors and assigns until the Planning Board fully accepts the subdivision and the developers have petitioned the City to accept the roads as City Streets L. All conditions of the Conservation Commission and Board of Health shall become a part of;i`"these Order of Conditions. dr M. The developer will leave(at least two (2) mature deciduous trees in front of every 14t, or plant two (2) 3" caliper trees to take their plapd. PUBLIC HEARING APPLIvcATION OF HOTEL NORTHAMPTON CONDOMINIUM TRUST for a Special Perk t under the Provisions of Section 6.12 of the Northampton Zoning Ordinance for the purpose of allowing vehicular access to ti,fit e hotel across a lot line other than the front lot line, at36 King St. Atty. Eric B. Gervais appeared for the Applican"; and described how the lot in question technically frors on Gothic St. The Applicant requests permission to css a side lot line, and asks that our approval be conditione Oon the granting of an easement by Hampshire County to the Hotel, which is necessary for the Gothic St. building setbacks and the park to exist. The County is concerned about the possib�le loss of parking spaces at the rear of the Courthouset and Atty. Gervais stated he has promised to replace at leas as many spaces as are lost. Mr. Smith asked how long it would P 'ke to get the easement, and was told "next week" by Atty. Gerva' Mr. Smith suggested the Public Hearing now be closed, tha ""'tty. Gervais get the easement, and the Planning Board would gr the Special Permit at the April 14th Meeting when the t y i1 ag rlert ,D.ufs tiate�kl e mill eggi b Aciyry}T�yT(O giugNa 7,7,A,71„ s n7�dr� li ak �{�:.nRenBE'tuR:..R� DISCONTINUANCE OF BREWSTER COURT AND KIRKLAND AVENUE: Mr. Gare opened the discussion by reading the following memorandum from Assistant City Solicitor Kathleen G. Fallon to the Planning Board, dated March 24, 1988: "A petition has been submitted to the City Council to discontinue Brewster Court and Kirkland Avenue. Both Kirkland Avenue and Brewster Court are private, not public ways. The City Council has the authority to discontinue private ways as well as public ways. Our city ordinances require that the Planning Board make a recommendation to the Council before it may act on the petition. It has been decided that this legal formality is advisable because of the new configuration of the parking area. The ownership of Kirkland Avenue is still being researched. The City Northampton Planning Board March 24, 1988 Meeting Page Nine acquired the ownership of the entire area of Brewster Court when it made the taking for the parking garage. Brewster Court will be closed to vehicular traffic. It will still exist as a pedestrian way. The Post Office has stated that those buildings with Brewster Court addresses may retain them." Mr. Gare showed a map and identified the two streets. He explained that the City owns Brewster Court in fee, but the ownership of Kirkland Avenue is being researched. The object here is to make Kirkland Avenue a walkway from Pleasant Street through the Armory Street lot to the new parking garage. Mr. Smith stated that the matter should be referred to the DPW for review. Mr. Andrikidis of the DPW stated that the DPW has nothing against the discontinuances, but is "in the dark" and is concerned about utilities (e. g., sanitary sewer lines) and access to the rear of the structures on Hampton Avenue. Dr. Beauregard moved we refer this matter back to the DPW and the Law Department. J. Arnould seconded, and the motion passed unanimously. At this point, Mr. Alan Scheinman rose and stated that the chair had not observed his raised hand, and was allowed to speak. He said that he, and others present, opposed the discontinuance of Kirkland Avenue as a private way, and complained that he received no notice of this meeting, and asked that the abutters be notified in writing of future meetings. He was told that written notices are sent only for public hearings (which this is not), and that the Board of Public Works would probably hold a public hearing if he were to ask for one. Coun. Brooks asked what, if anything, did the City Council have to do. r W�cr'!�! i §,7'p�"1c,4`�, o"ulta 0�h'F,ovecin'ftos m1'si,1'iFN,lh K 1'Yawx .rs,iromu°mA' !gm9dL a DISCONTINUANCE OF PARK HILL ROAD. Mr. Smith explained tha`this is a County way, a portion of which is little more tharo "a cart path. He stated that two developers' subdivision plans have already been denied by the Planning Board (and we are being sued by both) because the condition of the road x ,,sS not adequate to support the traffic that the subdivisions _valid generate. The point of the discontinuance is to enable City of Northampton to avoid spending the $1.5 -2 million it >ould take to adequately improve the road. Duseau asked for opponen and Mr. Irwin Brakey, 346 Glendale Road, who described himself as a farmer, rose to speak. He said he has very little frontage on Glendale, but a great deal on Park Hill, and he was,w6rried that he would lose it He wanted his children and'grandchildren to be able to build on that land in the future,:e they wanted to. Mr. Smith pointed out that all the land that lies on Park Hill Road is taxed as undeveloped land. He noted "''that the DPW is in favor of this discontinuance, and that a to vote of the Planning Board is merely a recommendation to the County Commissioners. He repeated his rhetorical question, "Who should pay for the road -the City, or the developers who are going to make the money City of Northampton MEMORANDUM Office of the Legal Department TO: Planning Board FROM: Kathleen G. Fallon, Asst. City Solicitor SUBJECT: Discontinuance of Brewster Court and Kirkland Ave. DATE: March 24,1988 FILE: A petition has been submitted to the City Council to discontinue Brewster Court and Kirkland Avenue. Both Kirkland Avenue and Brewster Court are private, not public ways. The City Council has the authority to discontinue private ways as well as public ways. Our city ordinances require that the Planning Board make a recommendation to the Council before it may act on the petition. It has been decided that this legal formality is advisably because of the new configuration of the parking area. The ownership of Kirkland Avenue is still being researched. The City acquired the ownership of the entire area of Brewster Court when it made the taking for the parking garage. Brewster Court will be closed to vehicular traffic. It will still exist as a pedestrian way. The Post Office has stated that those buildings with Brewster Court addresses may retain them. By Date 1 \y\ ..0 :3 Date: MAAGK L 1988 Received at City Clerk's Office THAMPTON, S. Time In City Council, March 17, 1988 Referred to the Planning Board MAR 2 3 1988 PETITION FOR DISCONTINUANCEfU p We, the undersigned residents of Nort'f in accordance with Section 19 -42 of the Code of ordinances, the City Council to discontinue the private way known as r- land venue r a s shown on the attached a�mapv o/Q y9 M To./t/ do hereby p ett-on v ,o o z 0 27 26 D -237 31- 0.236 67 73 \a •.a 82 74 81 75 121 122 39A =75 o 9 30 29 'NP I23 124 \0. 4.0 12 2 126 7 101 •a .102 158 153 n A-2 9/39 -0, A -5 145 170 A 48 9 13000 12500 12000 11!00 11000 PREPARED 80 u~GP M- NVN,147 J0. AIMER HUNTLEY. JR.. ASSOCIATES. INC. REGISTERED LAND SURVEYORS CIVIL L ENGINEERS `a ,o 30 CRAFTS AVENUE o a). NORTHAMPTON. MASSACHUSETTS 140 324 17 139 I38 CITY M A