2017.01.09 Council Agenda Item 02

In May, 2016, the Town Council approved a zoning amendment to facilitate the expansion of the Blackstone Apartments on Squidere Lane and discussed and conceptually approved changes to the legal status of Squidere Lane necessary for the development to proceed. A copy of the resolution approved by the Council pertaining to the discontinuance is attached.

Since that time, the developer has received their site plan approval from the Planning Board, and the the Town's attorney has worked to finalize the details of the proposed discontinuance. She has provided the following guidance:

1.    Because Hill Street Terrace Housing Corporation is the Petitioner and also the only abutter, by virtue of its Petition the Town has met its requirement of providing notice to all abutters, and that as stated in its Petition, Hill Street is waiving its right to damages.

2.    The street discontinuance statute requires a public meeting at which the Council discusses the discontinuance. Assuming it goes favorably, a motion should be made ordering the discontinuance of only that portion of Squidere Lane being described in the Order of Discontinuance, with no damages paid to the only abutter, Hill Street Terrace Housing Corporation, and without the retention of a public easement, and that motion should also approve the Council signing of the Order of Discontinuance and filing that Order with the Town Clerk. 

3.    There needs to be a public hearing, which in this case can occur directly following the Council meeting, and again the record should reflect that notice was properly given for the public hearing by publication, that the only abutter to the discontinued portion of Squidere Lane is Hill Street Terrace Housing Corporation, and that the Council voted at the meeting to approve signing the Order and filing it with the Clerk.

4.    10+ days after the public hearing (ie. at the January 23rd meeting) the Council will need to vote on whether to approve the Order of Discontinuance, without payment of damages, and without retention of a public easement. 

5.    The Town Clerk can then sign the Certificate of Discontinuance and record that in the Registry of Deeds and send a copy to MDOT.
 

Attachments include the following:

1. Final document packet including:

• Cover letter from Natalie Burns explaining the issues
• Petition from Hill Street requesting discontinuance of the cul de sac on Squidere Lane 
• Order of Discontinuance explaining that no damages will be paid to the only abutter (Hill Street Terrace Housing Corporation) and waiving the Town’s right to retain a public easement over the discontinued street
• Warranty Deed to the Town conveying title to that portion of Squidere Lane starting at Depot Rd. and ending at the Hill Street Terrace property line in order to complete the street acceptance process that was started years ago and never completed
• Transfer Tax Declaration to be submitted with the deed for recording in the Registry
• Road Maintenance Covenant under which Hill Street and all successor owners of that property at the end of the road are responsible for plowing the road and for clearing snow from the sidewalk
• Certificate of Discontinuance for recording in the Registry (a copy of the Certificate must also be provided to the MDOT).

2. Exhibit A - a survey of the property

3. Town Council Resolution 132-2016, dated May 9, 2016, giving conceptual approval of the discontinuance