City Property Committee

Fitchburg City Property Committee Minutes 4-23-19 The meeting of the Committee on City Property was held on Tuesday April 23m 2019, in the Memorial Middle School Library, 615 Rollstone St, Fitchburg, MA and was called to order by Anthony Zarella (Chair) at 6:33pm. Committee Councilors Present: Zarrella (Chair), Beauchemin, Green, Squailia, (Fleming absent) Others Present (as recognized by clerk): Martha LaLancette, Lynn St Germaine, Janice Kennefick-Perez, Councilor Kushmerek, Tom Skwierawski Recording: Councilor Sam Squailia Public Forum: No public forum 6:35pm o 062-19 Councilor Amy Green, on behalf of Martha LaLancette, 389 South Street, to request that the City of Fitchburg turn Colburn Street into a public way. o Representing at front table: Martha LaLancette, Lynn St Germaine, Councilor Amy Green Councilor Green notes petition made on behalf of resident. o Colburn Street is directly across from South St Elementary, and has one house address on it, while two other houses have their driveways off of Colburn St. o Councilor Zarrella reads a letter from Asst City Engineer Gary Bevilaqua, and noted that the Fitchburg Planning Board voted against this proposal. o Solicitor Pusateri speaking on behalf--- believes this is very much a ‘public way’, notes that the police use the street for traffic monitoring, and SSE parents use the street for drop off and pickup, and all the surrounding streets. Believes there is a way to get this done….that we have overlooked Granite for example in other developments. o Zarrella: In your opinion, would it be possible for the city to develop this without any special act derogating from the city code? Pusateri: I’m going to defer to Mr Belivaqua that we are going to need the (DPW) Commissioner to accept it. But I don’t think they have considered all the points, then when an engineered drawing is prepared, then we take a look at this proposal again. The cost of the money of the taking, the appraisal, can be handled by a ‘donation’ these folks who are the owners of this strip of land; including Ms Hardy who owns in the back, she would have the right to pass and repass and both of “these” folks likely own up to the centerline of this way. Assuming all of those things are donated to the city, then it would be up to the city to say accepting this would require us to have some paving done there, and regular cleaning of the drains there. o Councilor Beauchemin speaking about a similar petition before us a few weeks ago at Eastlin Way, for ‘the same exact reason’, noting the Fire Department and the Police Department both go through the road including residents. He notes if we accept this as is, this will open up “Pandora’s Box”; that all these private streets will have to be accepted. This is a private way; but I believe the city plows it and fixes the potholes… o Martha LaLancette & Lynn St Germaine speaking to Councilor Beauchemin: On our street? No, I’ve been there for 24 years and it has never been plowed once by a city truck, they never plow it, they never sand it…never been fixed. o Councilor Squailia also questions about Eastlin Way, they had the same argument that the Fire and Police use it as a public way but it is *not* a public way. It was recommended by the DPW that we do not accept these streets until they are brought up to standard or we are provided proof 1 Fitchburg City Property Committee Minutes 4-23-19 that they are up to standard. So we gave Eastlin Way leave to withdraw. So is the argument here that this street is somehow different than Eastlin Way? o Solicitor Pusateri: No I don’t disagree with what you are saying, but I don’t think they were aware of the amount of engineering that would have to happen in order for the city to even considered accepting the street, but the only difference here is this street and Ellis Street (and I am very familiar with that neighborhood) have been directed to be used by the school parents for picking up and dropping off of the kids at SSE, in fact there was a newspaper article 8 years article where it was front page news. In this way, I think it is a little bit different because I think of that additional school pick up and drop off use, but the other thing is, if they get their engineering in order, then I at least think they would be a candidate for consideration. o Squailia: That was the push with DPW; that the process to get your street approved, is to get an engineering report of the existing status of the streets, whether it meets city standards, then from there, the DPW can access it. The DPW does not do the engineering work themselves. o Solicitor Pusateri: Yes, if they get the engineering done, and it looks like it complies, then they can reapply. Notes there is a backlog of acceptance of public ways in the law department and the DPW, and we have talked about trying to make a full assessment of finding all those streets and trying to figure it out, sifting through the ones that actually have engineering. o Squailia: Are you recommending we give this leave to Withdraw until we see an engineering report? SP: You could do a leave to withdraw, and not carry a matter over on your agenda, or keep it on the agenda so we don’t lose track o Zarrella: It sounds to me, unlike the prior street that was considered, this one is used by the city and by people in use of city property, not solely for the purpose of getting from point A to point B, but for the direct benefit of city functions, such as the school or police, that is a notional distinction that could be made. o Green: Notes there is one legal resident on the street, and the 2 residents in attendance have their driveways on Colburn St. Notes that she believes the issue with the removal of snow is because it ends up on the one and only resident’s property, so if there are future deed issues or landmarks, it should be noted for snow removal, a better solution if it is not allowed to be on the one and only resident’s property. Question: What is going to be the suggestion to the petitioners? Do they get an engineered study? o Solicitor Pusateri: Yes, there are a number of engineering firms that can do this study or design plan and check the current road conditions compared with the required city standards. o Councilor Beauchemin: Notes he is going to make a motion to give leave to withdraw, notes that the street may not meet the city requirements. o M. LaLancette, notes that it is the people that try to beat the car line to get their children that park on their street. o Councilor Squailia: I agree with Councilor Beauchemin, that according to city standards it does not meet the standard, but if you get an engineered report as they demand of all these situations, then we can look at it then, so giving leave to withdraw is probably the best way to move this forward…..but did you say that the school department does not use this street officially for school drop off? So this is not something that the school department requested? This is just something that parents use unofficially? o M. LaLancette, confirmed the school department did not officially direct parents to use Colburn St. o Squailia: My last question is, they don’t plow the street or fix the potholes? Have you ever asked them and they specifically say ‘no we don’t plow that’, because if there is an address on Colburn street, I would think they should and would plow. 2 Fitchburg City Property Committee Minutes 4-23-19 o M. LaLancette notes that she has called the DPW and has not gotten satisfaction. o Solicitor Pusateri notes they would not plow it until it is a city street o Squailia: because the DPW does plow and fix the potholes of private ways in the city, on a regular basis. I will look more into this. o Zarrella notes that before we take a vote on this, for the sake of the petitioners, leave to withdraw is not a rejection per se, it means ‘come back later’, and noted that because it is a private way right now, it is my understanding that you would be absolutely within your rights to demand that other people up to and including the city stop using it unless it is taken as a city street.As long is it is private, it is private. o Councilor Green notes a brand-new street sign “Colburn St”. o Motion by Councilor Beauchemin to give Leave to Withdraw. Councilor Squailia Second. 4-0 Unanimous. 6:59pm o 074-19 Councilor Amy Green, on behalf of resident Janice Kennefick-Perez, 11 Washington St, to petition that the easement placed on 11 Washington St be removed subjecting it to the side yard sales program & deem it as surplus property. o Councilor Green: notes this was brought up in talking to Ms Cervantes about the processof the side yard program during a NICE committee about this property, and it makes sense for Ms Perez to remove the easement and use the property, it is a small parcel of property. She is a good resident, she takes care of he property, I am confident that this is one we will not have to worry about, and it would be my recommendation that we authorize to sell this piece of property back to her for $300 which is the equivalent amount it would cost if it went to side yard sales program. o Zarrella: So the scenario as it currently stands, there is an easement benefitting who? o Perez: Noone at this point. o Pusateri: The backyard of 11 Washington St abuts the backyard of 40 Nashua St, they share a common property line, and back in 1992 it was deemed 40 Nashua St an extended backyard to use for children to play, and that required a 300ft easement into 11 Washington St. 40 Nashua St, the folks that were there no longer reside there, and the property went into tax taking. So the easement was an easement appurtenant with 40 Nashua St, so now that the city owns 40 Nashua St, they own the easement. The constituent would like to buy that easement back. It was sold for $100 in 1992 to 40 Nashua St. The Chief Procurement officer suggested a straight forward sale, because of the de minimis property interest, and we discussed that we came to a fair value, $100 in 1992 is about $300 in today’s money. So we recommend the committee to make a recommendation to sell the 300ft easement held by 40 Nashua St to 11 Washington St and that will expunge the easement. o Zarrella notes we should amend the petition to reflect it is not side yard sales. o Squailia: Asks what is happening with 40 Nashua St, Ms Perez notes she would be interested in purchasing the property. Notes no objection to this petition. o Motion to Amend by Councilor Green, Squailia Second, 4-0 Unanimous. o Amended petition: Councilor Amy Green, on behalf of resident Janice Kennefick-Perez, 11 Washington St, to petition that the easement owned by 40 Nashua St be sold to 11 Washington St by the city for the sum of $300. o Motion by Councilor Green to accept as proposed, Squailia Second. 4-0 Unanimous. 7:10pm 3 Fitchburg City Property Committee Minutes 4-23-19 o 119-19 Ordered That: The Executive Director of Planning and Community Development has requested that the City exercise its power of eminent domain for the Twin City Rail Trail Project as outlined in the enclosed Order. o Tom Skwiewarski, Community development Director: notes that the parcel has been approved by finance and council for the funding. Across the street from 1st and Railroad Park (Decaria park). We need this as a launching off point for the bridge that will head over the Nashua river ending at the MBTA station. It will be phase II of the Rail Trail. o This is a friendly eminent domain taking, Pan-Am railways is 100% on board with us here, this is a necessary step to get them the just compensation they require. o Squailia: Asks about the name-change? Pusateri notes that there is an issue with a subsidiary corporation of Boston Maine Corp and Pan-Am, so the documents have been adjusted to reflect the additional name of Boston Maine Corp. o S Pusateri also notes there is a full legal description of the property included. o Green notes the critical importance of this for the Rail Trail, so she is a yea. o Squailia: how large is the property? TS: 23,000sf approx., and he shares a plan of the approx. design and extents of the property. o Motion by Councilor Beauchemin to accept as proposed, Squailia Second. 4-0 Unanimous. Meeting adjourned 7:25pm Minutes prepared by Councilor Squailia, Clerk, City Property Committee. Submitted 4/30/19. 4 REVISED 4/23/19 SEE ATTACHED REVISED 4/23/19 SEE ATTACHED REVISED 4/23/19 SEE ATTACHED REVISED 4/23/19 SEE ATTACHED Revised Version 4/23/19