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HomeMy WebLinkAboutMinutes - City Council - 03/22/1990DAMAGE HEARING 22 MARCH 1990 A hearing was held on Thursday, 22 March 1990, to consider compensation for property condemned in connection with the Dorset Street Widening Project. City Council Members Present Paul Farrar, Chairman; Michael Flaherty, John Dinklage, James Condos, William Cimonetti Also Present Charles Hafter, City Manager; Stephen Stitzel, Bill Ellis, City Attorney's Office; Willis Morse, State Appraiser; Joe Chastenay, Frank & Lorene Del'Amore, William & Josephine Baltz, Jim Carroll, Ralph Veve, Paul Trepanier Mr. Farrar noted that the City Council had voted to continue last week's hearing due to the snowstorm and apologized for the inconvenience. He then read the Warning for the public notice and explained the procedure for the hearing. Following presentation by the State appraiser and evidence submitted by the property owners to substantiate their claims, the Council would conduct site inspections on Saturday, from 10 a.m. to Noon. The hearings will remain open until 3/15, but this is the only hearing at which oral testimony will be accepted. Written evidence can be presented through the 15th of March. The Council will then render a decision be May 15th, though he anticipated the decision would be rendered sooner. 1. Parcel #2, owner Joseph Chastenay Mr. Morse said that in most cases the market value of the property had been used in appraisals. Mr. Morse said that 115 sq. ft. were being taken from Mr. Chastenay's property including a slope easement. $1,700 was offered by the State. Mr. Chastenay said the slope rights concern him because the State is taking the trees which buffer and landscape the property. There are 11 trees on the Dorset Street side including 6" trees and a 30 inch maple. The maple would be hard to replace. $1700 will not landscape his property. He noted the trees were a major item when he developed the property and were put there at the City's insistence. He said he paid more for the trees in 1978 than he is now being offered. He gave the following costs: 1-1/2 to 2" caliper tree...$250/per tree, 2 - 2-1/2 inch tree, $350/per tree, and a 2-1/2 to 3" tree...$450 per tree. Mr. Farrar asked what the State will do as far as landscaping. Mr. Morse said to his knowledge the state will only reseed the slope. Mr. Dinklage noted the appraiser said the trees were valued at $1,000. Mr. Cimonetti asked if there will be a place to replant trees after the land is taken. Mr. Chastenay said there would and that it would be an awful eyesore if they weren't replaced. They also add to the value of the property. He gave the Council written estimates of the values of trees. Mr. Condos asked if the Council can indicate what money is to be spent for when owners are compensated. Mr. Stitzel said the owner gets a check and what they do with it is up to them. He added that the city could enter into a separate agreement with the owner as to replanting of trees. 2. Property #25 Mr. Stitzel recommended continuing this hearing as they are waiting for a mortgage discharge. Mr. Flaherty moved to continue the hearing on parcel #25. Mr. Dinklage seconded. Motion passed unanimously. 3. Parcel #13, owner Stephen Whittlesey Mr. Whittlesev was not present and was not otherwise represented. 4. Parcel #53, owner Frank & Lorene Dell'Amore and Mary Spagnuolo Mr. Morse said ditch and culvert rights were involved and that no land was being taken. The owners had been offered $100. Mr. Stitzel noted there is a 15 foot easement for drainage but that the culvert extends beyond the easement in several places. Mr. Dell'Amore said the drainage ditch will be widened and will take some of their land. They will also take down many trees. He said that part of the reason they bought the house is aesthetics. The trees buffer them from their neighbors. They will not be able to replace the trees and will be denied use of the land they were on. He felt the State's offer of $100 was an insult. Mr. Farrar noted the owners have asked for $10,000 plus $1,000 per tree and additional money for inconvenience. 5. Parcel #58, owner William C. and Josephine Baltz Mr. Morse said culvert and ditch rights are involved and no land will be taken. Steps down a slope will be moved. $100 has been offered by the state. Mr. Baltz said he was told that 155 sq. ft. of property where the steps are now located would be taken. He felt the offer of $100 was an insult considering bulldozers will be coming over their property to get at culverts. Also the wildflowers will be gone. He noted that University Mall had moved to within 40 ft. of their property line and they had never been notified. Mrs. Baltz said they have been told the culvert would be covered and not open as it is now. Mr. Morse said that is true; it will be a grassed over swale to handle increased runoff. 6. Parcel #59, owner Randall Larivee No one was present to represent this parcel. 7. Parcel #5, Veve Associates, owner Mr. Morse said they had used the market value. An acre of land is being taken, also temporary slope, sidewalk and drive easements. The appraised value is $27,900. Mr. Carroll, officer of Veve Associates, said they feel there are many flaws in the state offer. The whole front yard of a 106 apartment complex is being devastated. There will be no trees left. Some can be replanted in the new slope. He felt the design, impact, and compensation offered were insulting. He said that State thinking was that since the trees were there when they bought the land, they are worth nothing to the owners. He noted he had cared for those trees for many years. He noted Dorset Commons is a valuable entity and depended for its success on appealing to tenants for the rental of units and for what they can charge in rentals. He noted that a Supreme Court decision said compensation should be based not only on what is taken but also on the value of what is left. Mr. Carroll said they have 4 basic objections to how the project is being done. He felt the road should be slid more toward the city's land which would take less of theirs. He noted that Dorset Commons is a rustic complex and that they have a legal right to make condos of the units. He felt the driveway could be moved so that cars are not careening past 12 of their units. The present design also takes away parking space. Mr. Veve added he will be forced to put in a hedge to protect houses from headlights beaming in. He also noted it is harder to rent units close to traffic and that they stay vacant longer. Mr. Carroll said none of this was considered by the appraiser. Regarding the taking of land, Mr. Carroll said the appraisal is absurd because it compared the lot price to 12 acres of undeveloped land and converts it to a square footage acre. He said the state is offering $2.49/sq. ft. but have paid others on Dorset St. $10/sq. ft. He said he was told the reason for this is that if a person has less land the land means more to him; if you have more land, it means less to us. He said that is absurd. He noted that in the area 1/2 acre of land is going for $500,000, and they have been offered $20,000 for 8,276 sq. ft. He noted that for lot #74 the owner was given $10,000 for 780 sq. ft. which is 12 times as much as Veve is being offered. Mr. Carroll said they can't completely replace what is being taken. He felt it would take $35,000 to repair the landscaping. Mr. Carroll said if they go to litigation, they will be talking over $300,000. He said they would like to settle before that and remain good neighbors. Mr. Veve said he wants to be treated like everyone else and feels that what has already been settled sets a value that his property should also be entitled to. He stressed that the money he gets will be used to beautify what is left of his property. 8. Parcel #6, owner Town Square Associates Paul Trepanier, President of the Association said they were concerned about trees, especially 12 in front of the project. He wanted to insure that a Colorado Blue Spruce will not be taken down. Mr. Farrar said they would have to assume things will be done right and that tree is not supposed to be touched. Mr. Morse said $14,900 has been offered. Mr. Farrar asked the owners to submit in writing what they felt would be a reasonable offer. Members then considered the property of those owners not represented. Mr. Morse said that on the Whittlesey property, there would be the acquisition of .05/acre, a temporary drive, slope rights, and the temporary moving of a pipe. $16,500 was offered. On the Larivee property, there would be a permanent culvert right and channel right. $100 has been offered. Mr. Flaherty moved to close the Public Hearing with the understanding that written comments will be accepted until 15 March 1990. Mr. Dinklage seconded. Motion passed unanimously. Mr. Flaherty moved that the Council make site visits on Saturday, 24 February, from 10 a.m to Noon. Mr. Dinklage seconded. Motion passed unanimously. Mr. Flaherty then moved the Council adjourn the meeting and reconvene in executive session to discuss the Dorset St. project with the City Attorney and to resume regular session only to adjourn. Mr. Dinklage seconded. Motion passed unanimously. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.