WESTFIELD – The City Council approved the first reading of an order of taking by eminent domain needed for the Little River Road phase of the Route 187 improvement, but not without controversy over resident notification and funding.
Ward 2 Councilor Ralph Figy, chairman of the Legislative & Ordinance Committee, brought the issue out to the floor for discussion. The L&O voted Tuesday to give the taking of easements by eminent domain a positive recommendation.
The Route 187 improvement project was divided into three phases because of the estimated $16 million price tag to upgrade the pavement and drainage systems.
Phase 1, Feeding Hills Road is substantially complete and the state Department of Transportation plans to advertise Phase 2, Little River Road later this month in anticipation of a spring start of that construction effort.
The city needs to secure five permanent easements and a number of temporary easements before the DOT can advertise the project.
The scope of work is on the section of Little River Road between Tow Path Lane and a point just east of Sherman’s Mill Bridge over Great Brook. The work includes stormwater drainage improvements, installation of sewers and creation of a dedicated westbound left turn lane at the intersection of Shaker Road where a new traffic signal will be installed.
Figy said that a total of 40 parcels are involved and that many of the easements are to provide access to properties along the roadway for the installation of new sidewalks.
“This is required as part of the DOT process for advertising the project for a spring start,” Figy said.
The motion brought out by the L&O also includes an appropriation for $19,360 to pay residents for both the permanent and temporary easements, which created confusion. Several councilors felt the motion should have been sent to the Finance Committee as well as the L&O.
Figy, with the assistance of City Engineer Mark Cressotti said that the funding for the easements was approved by the City Council several years ago when it approved a bond for the design, engineering and environmental permitting for the Route 187 improvements.
Cressotti said the bond order specifically address the right of way issue and funding required for easements to secure access for the right of way on onto private property as required during construction.
Cressotti said the appropriation was included in the motion and that a vote of the council is part “of the legal process to confirm” the expenditure for the easements.
Another issue was raised by Paul H. Kochanski of 261 Little River Road who said he and his wife, Tracy, have yet to receive a certified letter from the city detailing the compensation they will receive for the easement on their property and that, under state law, the City Council cannot act until that letter is received and they have time to review the information.
Kochanski said that he is also concerned that shrubbery along the front of his property, which acts as a privacy screen, will not be replaced.
Cressotti said the issue is that the easement is with city funds, but that restoration of shrubbery is a state issue that has yet to be resolved.
Several councilors, including At-large Councilor Cindy Harris and David A. Flaherty, questioned if the council could proceed with approving the easement motion.
Figy said the vote was for the first reading, which was approved without dissent, and that the other issues could be resolved before the Dec. 17 session when the motion would be brought out for the second reading and final passage.
