Whittier Street and Greenleafe Street Subdivision Approval♦,
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The
NOTICE OF SUBDIVISION APPROVAL OR DISAPPROVAL
The Planning Board on January 1/, 1979 by unanimous
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and
APPROVED with bonds or surety (Z't''.b'�'t
with conditions :;0Z:I:;Za eck
(see attached)
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following subdivision plan:
Name or description "Park Hill Estates"
New street names Whittier Street, Greenleaf Street
submitted by
address
on November 21, 1978
Applicant
Building Inspector
Board- of Public MorksV
Fire Department
Date
Theodore Towne
53 Park Hill !Road
FORM F.
1 of 2'•.
NORTHAMPTON, , MASS .
January 18, 1979
Date
/. -7 9
Police Department
Board of Assessors
Registrar of Voters
File
Conservation Commission
vote
date
pending termination of the statutory twenty - day appeal period.
(Attest)'"'`' 7A/(signed) , •
(Sec., Planning Board) (Ch., Planning Board)
Enc.: (to City Clerk and applicant only) certified copy of
Planning Board vote if disapproved or modified.
Applicant (6)
City Engineer (1)
Assessors (1) •
File (1)
CONDITIONS OF PLANNING BOARD APPROVAL:
41
FORM F •
2 of 2
NORTHAMPTON, , MA ^ ; .
Date
- After twenty (20) days without notice of appeal, endorsed 'blue-
prints, if approved, will be transmitted to:
1. A deed restriction shall be placed on Lots 7, 8, 9, 10, 11, 12,
13, 14, and 15 permanently prohibiting direct vehicular access
from those lots onto Westhampton Road. This restriction shall
be approved by the City Law Department, the Planning Board,
and the Department of Public Works prior to the recording of
the Definitive Subdivision Plan in the Registry of Deeds.
2. A conservation restriction shall be placed on Parcel A, Lots
7, 8, 9, 10, 11, 12, 13, 14, and 15 as indicated on the
Definitive Plan to prohibit any obstruction of the watercourses
which are found on these lots. This restriction shall be
approved by the City Law Department, the Planning Board, and
the Conservation Commission prior to the recording of the
Definitive Subdivision Plan in the Registry of Deeds.
3. Drainage easements shall be granted to the Department of
Public Works for Lots 7, 8, and 15 as indicated on the Defini-
tive Subdivision Plan. These easements shall be approved by
the Department of Public Works before the Definitive Subdivi-
sion Plan is recorded in the Registry of Deeds.
4. Lots 7 and 18 shall not be released by the Planning Board for
sale, purchase agreement or construction until a performance
agreement and guarantee have been executed and approved by
the Department of Public Works, the Planning Board, and the
City Law Department for the completion of the Phase II con-
struction of the roadway from Work Station 14 +0 to Westhampton
Road.
5. As the soil test data for Lots 2, 3, 4, 5, 8, 10, and 15 does
not meet Northampton Board of Health regulations (as per letter
from Board of Health to Planning Board dated December 29, 1978),
these lots shall not be released by the Planning Board for sale
r"
FORM F
3 of 3_ ,'
NORTIIAMPTON, MASS.
Date
After twenty (20) days without notice of appeal, endorsed blue-
prints, if approved, will be transmitted to:
Applicant (6)
City Engineer (1)
Assessors (1)
File (1)
CONDITIONS OF PLANNING BOARD APPROVAL (Continued)
or construction until all Board of Health regulations for on-
site septic systems have been met.
6. Before the Definitive Plan is filed in the Registry of Deeds,
a satisfactory performance guarantee for the required improve-
ments shall be executed and approved by the City Law Department,
Planning Board, and the Department of Public Works. This guaran-
tee shall incorporate all the items specified in recommended
Performance Agreement from the Board of Public Works dated
January 16, 1979.
CITY OF NORTHAMPTON
MASSACHUSETTS
CITY HALL
210 Main Street
Northampton, MA 01060
LAW DEPARTMENT
(413) 586 -6950, ext. 245
FAX: (413) 586 -3726
Dr. Joseph R. Beauregard, Chairman
NORTHAMPTON PLANNING BOARD
210 Main Street
Northampton, MA 01060
February 20, 1990
Re: Parsons Brook - Connection of cul de sacs
Dear Dr. Beauregard:
City Solicitor
Kathleen G. Fallon, Esq.
Assistant City Solicitor
Joe M. Cook, Esq.
Contract Administrator
I. understand that the Planning Board is considering an approval
of the Parsons. Brook Subdivision proposal which would include the
connection of the cul de sacs at the ends of Whittier Street and
Greenleaf Street with an "emergency access connector ". This
connector would not be open to through vehicular traffic but
would be available for use by emergency vehicles. Apparently the
Planning Board has recommended that the City accept the connector
as a city street.
I discussed this '. proposal with Larry. Smith, George Andrikidis and
the developers, Pat Goggins and. Art Pichette. We discussed the
.possible designs for such a connector were it to be built. The
'consensus was that the connector must be blacktopped and at grade
where it joins the two cul de sacs. Mr. Andrikidis favors one
gatein the middle of the connector to prevent through traffic.
In my opinion, a gate at each cul de sac is necessary to prevent
unauthorized entry. There also must be highly visible signage
indicating that the connector is for emergency vehicular use only
and that use by private vehicles is prohibited.
Acceptance as a public way implies unlimited vehicular traffic is
permitted on the way in question. This connector is intended for
use by emergency vehicles only,' not fbr through traffic. In
order to enforce the prohibition on through vehicular traffic, it
will be - necessary to adopt an ordinance establishing. ways limited
to emergency vehicle use. A draft of such an ordinance is
_attached.. If the Planning Board wishes to submit this ordinance
for City Council action, please inform my office.
Planning Board - Parsons Brook
I should like to again urge the Planning Board to seriously
consider what an approval which includes this connector proposal
would entail. In addition to my eight years as a full time
municipal counsel, I spent five years as Town Manager of two
Massachusetts communities. I understand and appreciate the
difficulties that any DPW has in maintaining public ways. I
particularly appreciate the maintenance burden an arrangement
such as the proposed connector would place on our already
strained DPW. I feel that to contemplate accepting such a way as
a public way is short - sighted and ill- advised. We currently do
not have adequate manpower, equipment or funds to maintain our
public ways up to the standards the Board of Public Works and the
Director would like. To expect the DPW to perform time- consuming
maintenance of the connector is unreasonable on the part of the
Planning Board. This maintenance would include not only
inspection and repair of the connector's surface, but constant,
and by this I mean daily, inspection and replacement of signage.
The importance of this signage is more fully discussed below.
In addition to the practical problems of maintenance, there are a
number of legal issues presented by such a connector. The most
serious of these issues is, of course, liability. If the
connector is accepted as a public way, the City will be
potentially liable for injuries or property damage arising out of
inadequate or inappropriate maintenance. The signage restricting
the way to emergency use is my most serious concern. Presume
that signage is missing and a vehicle uses the way. Said vehicle
strikes a pedestrian or bicyclist or, if there is only one gate
in the middle of the way, strikes that gate in the dark. The
courts in Massachusetts have ruled that the absence of a sign is
a defect which will trigger liability in the municipality.
Crash gates at the connector's intersection with Whittier and
Greenleaf Streets are the most prudent precaution.
Acceptance of a street as a public way lies with the City
Council. Although the Planning Board and Board of Public Works
may make recommendations to that body, the ultimate decision
rests with the Council. Your Board must keep in mind when
approving the Parsons Brook Subdivision that its recommendation
for acceptance as a public way will not guarantee that the City
Council will take that action. The Board of Public Works has
announced its intention to oppose the acceptance of the
connector. I also recommend against that acceptance. The
Planning Board should have an alternative prepared for that
eventuality.
I believe that the construction of a through street is the safest
and most appropriate solution. I do not recommend the
construction of the connector at all, but if it must exist, I
urge the Board to abandon the public way acceptance plan. Leave
2
Planning Board-Parsons Brook
the connector as the responsibility of the developers and
eventually, a homeowner's association. That is the practical and
prudent course of action.
There is one procedural issue which the Planning Board should
address. The Code of Ordinances set out certain procedures for
the acceptance of a street as a public way. Section 15-56
requires that a newly constructed street must be forty (40) feet
in width to be accepted as a public. way. The ordinance fails to
indicate whether it is the right of way or the paved surface
which must be forty feet wide. This ordinance should be
clarified or deleted. The Planning Board would be an_appropriate
body to initiate corrective action.
If you have any questions, please feel free to contact me.
Very truly yours,
(!,-
\
KGF/ss
Att: Ordinance Draft
3