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Newton Centre, MA 02459
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IN BOARD OF ALDERMEN
REAL PROPERTY REUSE COMMITTEE
SPECIAL MEETING
WEDNESDAY, JANUARY 22, 2003
Present: Ald. Bryson (Chairman),
Ald. Gerst, Schnipper, Fischman, and Ciccone
Absent: Ald. Basham, Salvucci,
and Yates
Also present: Ald. Lipsitt and
Lennon
City officials: Edward Spellman (Treasurer), Catherine Farrell (Associate City Solicitor), Linda Finucane (Clerk)
# 35-03
HIS HONOR THE MAYOR declaring surplus three parcels of land,
containing approximately 12,692 square feet, off Waverley Avenue, acquired by
the City in tax foreclosure.
ACTION:
FORMATION OF JOINT ADVISORY PLANNING GROUP WAIVED 5-0
NOTE: Treasurer Ed Spellman
explained that these parcels, known as the Bell Estate property, had ongoing tax
and title problems dating back to 1964. After the title problems were sorted out the City
foreclosed and acquired the property.
The City has declared the property surplus because it is landlocked,
making it unbuildable, and has no value as open space because access is through
private properties. Attorney Jason Rosenberg represents the three families who
abut the property and wish to purchase it individually (see attached letter from
Mr. Rosenberg). Ald. Lipsitt, in
whose Ward the property lies, said that the three abutting homeowners had
expressed an interest in this property four years ago. (One house has since
changed hands.)
The committee felt strongly that the City not give a "bargain" to
aggrandize any one owner. And, Mr.
Rosenberg agreed that if his clients were to purchase the property they would
agree to a restrictive covenant in perpetuity to maintain it as open space.
Attached is a valuation estimate from the City's Residential Assessor.
Mr. Rosenberg pointed out that #56 Waverley has had for some years an
existing driveway over a strip of the property; however, the right of adverse
possession ceased when the City acquired tax title.
This will need to be resolved if the property is sold.
Ald. Schnipper moved to waive the formation of a Joint Advisory Planning Group, which motion passed 5-0. The committee agreed to schedule a public hearing for February 25 on the offer of Cathy & Robert Heenan, 15 Belmont Street, Deborah & David O'Rourke, 56 Waverley Avenue, and Cybill & Joel Goldberg, 248 Tremont Street to purchase the so-called Bell Estate property off of Waverley Avenue.
#58-03
HIS HONOR THE MAYOR declaring surplus city-owned easements in
front of 189-191 Jackson Road, Newton Corner, over which driveways have been
built by the owners of that property.
ACTION:
FORMATION OF JOINT ADVISORY PLANNING GROUP WAIVED 5-0
NOTE: Associate City
Solicitor Catherine Farrell explained that the City owns a 57' wide strip of
land along Jackson Road over culverted Laundry Brook.
The owner of 189-191 Jackson Road, unlike other properties that have 5'
easements, has no easement for the existing driveways constructed over the
City's easement. This apparently came to light when the current owner went to
sell the property. The property
does have an easement for rear access off a private way off Wiltshire Road;
however, if the property were subdivided it would provide access to only one
house on the property. The
Commissioner of Public Works has expressed some concern about the structural
load of the driveway on the culvert and the potential pollution of Laundry
Brook. Since the City must retain
access to the culvert and this property owner is the only one with an interest
in acquiring an easement to 189-191 Jackson Road, Ald. Ciccone moved to waive
the formation of a Joint Advisory Planning Group, which motion passed 5-0.
The Committee will schedule a public hearing on the petition of Anthony
& Louise Tucci to purchase an easement for existing driveways at 189-191
Jackson Road.
The meeting was adjourned at 7:45 PM.
Respectfully submitted,