TR-2009-37 DISCONTINUING PUBLIC WAY OVER STRIP OF LAND ON MAIN STREET a --77.-
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A RESOLUTION DISCONTINUING THE PUBLIC WAY OVER A
CERTAIN STRIP OF LAND ON MAIN STREET
WHEREAS, the Agawam City Council resolved to declare a certain strip of land on
Main Street, which is further described below, as surplus land (See TR-2009-3);
WHEREAS, the Agawam City Council further authorized the Mayor to sell said
strip of land pursuant to the laws of the Commonwealth and do all other things necessary
to conduct said sale (See TR-2009-3);
WHEREAS, the Mayor prepared and advertised a request for proposals to sell
said strip of land and Easthampton Savings Bank submitted the most advantageous
proposal ($46,001.00);
WHEREAS, Easthampton Savings Bank plans to construct a branch office on the
parcels of property adjacent to said strip of land and has worked with the First Baptist
Church, the Agawam Historical Commission ai.d the Agawam Planning Board to develop
an appropriate plan for the site which accommodates the access and parking needs of
the church and the desire of the Historical Commission and the Planning Board to see a
new building and site amenities which fit in the historic area on Main Street;
WHEREAS, the twenty five foot strip of land in question is part of the former
Hampden County road layout of Main Street, and in preparing for the closing of the sale
of said strip of land to Easthampton Savings Bank, it was determined that in order to
fully comply with the town's zoning ordinances, the Agawam City Council needs to
discontinue the public way over the strip of land;
WHEREAS, it is in the best interests of the Town of Agawam to discontinue the
public way over the twenty five foot strip in question; and
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL that
pursuant to Massachusetts General Laws Chapter 82, § 21, the public way over the
following described strip of land which consists of 8,129 square feet of area, more or less,
is discontinued. The strip of land is legally described as follows: Beginning at a point on
.J thec-&ortheasteriy corner of the land now or formerly of Easthampton Savings Bank, and
4L)
iZ thecxe running S. 08* 53' 30" W. a distance of three hundred twenty five and 18/100
2 18) feet to a point; thence turning and running S. 810 06' 30" E, a distance of
wen y five (25.00) feet to a point; thence turning and running N. 081 53' 30" E. a
e of three hundred twenty flve.and 18/100 (325.18) feet to a point; thence
rn' and running N. 810 06' 30" W. a distance of twenty five (25.00) feet to the point
b nning. Said strip of land contains 8,129 square feet of area, more or less.
4- r7 -3S 60
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PER ORDER OF THE AWAM CITY COUNCIL
ina Letellier, ent
APPROVED AS TO FORM AND LEGALITY
Chris opher C. J son, City Solicitor
MAYORAL ACTION
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Received this -c:)a- day of rom Town Council Clerk.
)KW, 2009 f
Signed by Council President this CQ I day of apu—L)(=�' 2009.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam !:�iarter, as
..J:p A"—day of
am-ended, I hereb�y,'a7rove the passage of the above legislation on this
11 147AII. 01
2009,
Susan R. Dawson, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby veto the passage of the above legislation on this day of
2009 for the following reason(s):
Susan R. Dawson, Mayor
RETURN OF LEGISLATION TO COCNOL CLERK
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Returned to Council Clerk this 6QQ.:� day of 2009.
AGAwAm LAw DEPARTMENT
MEMORANDUM
To: Agawam City Council
From: Christopher C. Johnson, Solicitor X
CC: Susan R. Dawson, Mayor
Date: September 2, 2009
Re: TR-2009-37
C:�
As you may recall, the Council declared a 25' strip of town land on Main Street
adjacent to the property owned by Easthampton Savings Bank as surplus and authorized
the Mayor to sell the strip. The Mayor prepared and duly advertised a request for
proposals, and Easthampton Savings Banks submitted the most advantageous proposal
($46,001.00) to purchase the strip. As you may further recall, the purchase of the strip
of land by Easthampton Savings Bank would allow their proposed new branch office to
comply with the town's zoning setback requirement.
In working with counsel for Easthampton Savings Bank, we determined that in
order to fully comply with the town's zoning ordinances, the town needed to discontinue
the public way over the strip of land. The town code defines SETBACK as "The
minimum required unoccupied space or area between the street line of which the
building is numbered or would be numbered and the part of the building nearest
such street line, such unoccupied space or area extending the entire width or
distance across the lot." (See §180-2) [emphasis added] The town code further
defines STREET LINE as "The dividing line between a street and a lot and, in the
case of a public way, the street line established by the public authority laying out
such way upon which the lot abuts." (See§180-2).
Since the strip of land in question is part of the public way layout, the street
line, as defined in our town code, would not change unless the public way layout
changed. To effectuate this change, the Council needs to discontinue the public way
over the strip of land. M.G.L. c. 82, § 21 authorizes discontinuance of public ways by a
city council, and there is no statutory requirement for either a hearing or notice to
abutting land owners.
I would respectfully request that the Council act favorably on TR-2009-37 so that
the town may complete the sale of the strip of land to Easthampton Savings Bank,
Please call with any questions.
Very truly you
Y'Ju
vc'y Lu'y I
GV
Christopher . 3 hnson
TR-2009-37
A RESOLUTION DISCONTINUING THE PUBLIC WAY OVER A
CERTAIN STRIP OF LAND ON MAIN STREET
WHEREAS, the Agawam City Council resolved to declare a certain strip of land on
Main Street, which is further described below, as surplus land (See TR-2009-3);
WHEREAS, the Agawam City Council further authorized the Mayor to sell said
strip of land pursuant to the laws of the Commonwealth and do all other things necessary
to conduct said sale (See TR-2009-3);
WHEREAS, the Mayor prepared and advertised a request for proposals to sell
said strip of land and Easthampton Savings Bank submitted the most advantageous
proposal ($46,001.00);
WHEREAS, Easthampton Savings Bank plans to construct a branch office on the
parcels of property adjacent to said strip of land and has worked with the First Baptist
Church, the Agawam Historical Commission and the Agawam Planning Board to develop
an appropriate plan for the site which accommodates the access and parking needs of
the church and the desire of the Historical Commission and the Planning Board to see a
new building and site amenities which fit in the historic area on Main Street;
WHEREASI the twenty five foot strip of land in question is part of the former
Hampden County road layout of Main Street, and in preparing for the closing of the sale
of said strip of land to Easthampton Savings Bank, it was determined that in order to
fully comply with the town's zoning ordinances, the Agawam City Council needs to
discontinue the public way over the strip of land;
WHEREAS, 'it is in the best interests of the Town of Agawam to discontinue the
public way over the twenty five foot strip in question; and
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL that
pursuant to Massachusetts General Laws Chapter 82, § 21, the public way over the
following described strip of land which consists of 8,129 square feet of area, more or less,
is discontinued. The strip of land is legally described as follows: Beginning at a point on
the northeasterly corner of the land now or formerly of Easthampton Savings Bank, and
thence running S. 080 53' 30" W. a distance of three hundred twenty five and 18/100
(325.18) feet to a point; thence turning and running S. 810 06' 30" E. a distance 'of
twenty five (25.00) feet to a poin't; thence turning and running N. 080 53' 30" E. a
distance of three hundred twenty five-and 18/100 (325.18) feet to a point; thence
turning and running N. 810 06' 30" W. a distance of twenty five (25.00) feet to the point
of beginning. Said strip of land contains 8,129 square feet of area, more or less.
J
PER ORDER OF THE AGAWAM CITY COUNCIL
Gina Letellier, President
APPROVED AS TO FORM AND LEGALITY
. r-* -
Chris pher C. J son, City Solicitor