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Date: 5/24/2022
NORTHAMPTON – The city of Northampton is currently looking to alter the layout of Winter Street to reconstruct the roadway and improve utilities, such as drainage.
According to Donna LaScaleia, the director of the city’s Public Works office, “very serious” water main breaks have occurred over the past several years, causing heavy damage to homes on that street. The most recent main break, according to LaScaleia, happened in 2019.
“What we have been working on since the last [main break] … is a plan to improve the utilities in the roadway,” said LaScaleia. “We need to improve the water main; we need to actually separate a combined sewer and stormwater system.”
Stormwater is currently flowing into the sewer system, according to LaScaleia, which is a violation of a city permit. As part of their due diligence, the city must acquire a small part of land at the end of the street to formalize it, since that section is considered “owner unknown” and was not included in the city’s area of acceptance when they created the Winter Street layout in 1910. Once the city takes easements on this small tract of land, which is approximately 70 feet long and 33 feet wide, they can then legally begin the utility improvements.
“Anytime we are going to come in and make some drainage improvements or do utility work, we obviously can’t go into property that the city does not have a legal right to enter into,” said LaScaleia. “It’s time to clean this up.”
During a special meeting of the Committee on Finance and City Council on May 5, a resident of Winter Street spoke of the critical damage her house experience during water main breaks in 2007 and 2019, which lead to thousands of dollars in repairs.
Within that same meeting, Christopher Nieboer, the son of 29 Winter St. residents Rose and Fred Nioeboer, argued that he and his parents have adverse possession of this “unknown” parcel on which the city is trying to take easements. According to Nieboer, he and his parents have been taking care of this property for the last 58 years.
“It’s been our primary source of parking for the residents,” said Nieboer. “We suggest that we would like to add this parcel to our taxable land area, and then we’re not adverse to an easement for drainage over the parcel, as long as it doesn’t interfere with our usage.”
According to Nieboer, notorious or open use of a vacant parcel for 20 or more years grants the family possession of the property, based on Massachusetts state law. He told the Committee on Finance that Northampton’s assistant civil engineer promised the family last summer that the city would not take ownership of the property in question.
“I object to the city taking this property, especially since we have adverse possession of this property according to Massachusetts state law,” said Niebor, adding that there is a myriad of other solutions engineers could find to improve drainage and utilities on Winter Street.
During the meeting, LaScaleia said that the approach the city is currently taking to make utility improvements is the least costly, compared to installing an entire outfall, which would also require a longer process for completion.
“This 70 by 33[-foot] piece represents a part of the project we need in order to improve the infrastructure of the street,” said LaScaleia. “I certainly understand Mr. Nieboer’s concerns that his family has been using this but, this is how we have to engineer the street to improve it.”
To provide clarity around this adverse possession law, the city postponed the public hearing on the matter until May 11, and then again until June 8, to allow for Northampton Attorney Alan Seewald to provide legal perspective on the matter.