Use this search box to find articles that have run in our newspapers over the last several years.
Date: 4/13/2021
EASTHAMPTON – The Easthampton Planning Board engaged in discussions surrounding the five lots up for sale on Reservation Road during its meeting on April 6.
Peter Lane, the attorney who represents the landowners that want to develop five lots at the end of the road at Mt. Tom, decided to withdraw the original plans from December to develop the road in some capacity since there is not enough sufficient evidence to prove that the area in question is considered a public way.
During the meeting, Lane said that the Massachusetts Department of Conservation and Recreation and the city of Easthampton could not come up with a definitive answer of whether or not the area is public way.
“We have found an ancient 1917 deed, where the city sold the roadway to the commonwealth,” said Lane. “So far, I’m not finding anything in the records of a transfer to the city.”
The area in question is considered “approval not required” (ANR) under law, which means, according to Lane, he and the landowners can submit a plan to the Planning Board any time they want under that covenant. According to Jesse Belcher-Timme, the chairperson for the Planning Board, an ANR is a statutory process rather than a city bylaw. Basically, if there is sufficient frontage on a public way, the owner can subdivide their lot. With an ANR, the city can check to see if there is sufficient frontage and if the road is in fact a public way. The city and the owner cannot proceed without this proof that the road is a public way, however.
“The only document that I’ve seen is that 1917 deed, which would show that it is not a public way,” said Belcher-Timme.
The Pascommuck Conservation Trust of Easthampton found the possibility of development on these lots to be “ill-advised” and “unsustainable” due to the fact that all of the land under discussion is considered important habitat by state law. Numerous letters from residents were sent to the Planning Board opposing possible development, as well.
Ultimately, the attorney and landowners are not going to pursue this project, but if the discussions are brought up again in the future, then the attorney or the Easthampton Planning Department will notify the residents on Reservation Road so they can attend the meetings.
Lane added that he has every intention to come back.