North Adams Council OKs Funds for Ashland Street Project Easements
NORTH ADAMS, Mass. — The City Council on Tuesday approved an appropriation of $256,635 from the Land Sales Account for easements and takings related to the Ashland Street project.
A second roll call vote approved the easements and takings during a meeting lasting nearly three hours.
"This is a construction project that has been in the works for probably, like eight years, coming down the pipe in conjunction with MassDOT," said Mayor Jennifer Macksey. "And what we are asking tonight is permission for appropriation for us to pay for some permanent and some temporary easements to complete this work."
The mayor noted the use of "eminent domain" in the legal language but assured the council and audience that no one's home or driveway were being taken.
The temporary construction easements will terminate after six years; the permanent roadway easements will give the city rights to access those areas for purposes of repair or public construction.
The takings are the city's contribution to the $11.4 million Complete Streets project, being funded by the state Department of Transportation through the 2026 Transportation Improvement Program. The account has $463,000, leaving a balance of $207,000 after the appropriation.
Macksey said this is similar to what was done for the Brayton School safe routes project but the appraisals were much higher.
Attorney Eric Barth of city solicitor KP Law worked with the assessor and the property owners to determine the values.
"I think attorney Barth got like 10 emails from me, like, are you kidding me?" said the mayor. "But this is the going rate for what we're looking for, the going rate of what the appraisal said these easements are for."
The properties total nearly 80, over half permanent easements; most owners had multiple plots. They ranged in price from $10 for one square-foot parcel to $40,910 for six parcels totaling about 4,400 square feet owned by Cumberland Farms. Another 10 are owned by the city.
In response to questions, the mayor said she could not yet say how much this was costing in legal fees because that work is not completed and noted that filing fees would also be incurred.
Councilor Andrew Fitch asked if the city could ask the property owners if they would donate the land; the mayor said this was a state-mandated process but owners could donate if they wished.
"In those offer letters, it stated that they have the right to donate the easements to the city, in which case they would be awarded no damages," said Barth. "I can't speak as to if we received any, I don't think any. It appears nobody had donated, but that is an option."
Community Development Director Marya Kozik said the project began seven or eight years ago as a community visioning initiative, in answer to a question of why there was not a recent public hearing. One was held by MassDOT in August 2022.
"Community groups were involved in that visioning process at that time. And then this grew out of that as a second piece for the actual construction," she said. "Not aside from maybe the inconvenience in talking to some residents, I think that it's a widely supported project to improve that entire streetscape and make that connectivity from the college to downtown in particular."
The work consists of approximately 0.72 miles of roadway improvements on Ashland from Davenport Street to Summer Street. The project expands on the city's pedestrian and bicycle network by providing accessible pedestrian ways and bike accommodations. Bus shelter improvements, benches, and trash receptacles will also be incorporated in areas of higher pedestrian traffic. Additional improvements include storm drain and minor water system updates along the corridor.
Berkshire Gas has been updating its lines under Ashland since late last year.
"I think the project's a good project. We just need to move forward with it," said Councilor Lisa Blackmer.
The mayor also requested the City Council adopt a provision of the HERO Act, (An Act Honoring, Empowering, and Recognizing our Servicemembers and Veterans) that would provide a 100 percent property tax abatement for Gold Star parents.
The council adopted it unanimously, with some discussion.
Gold Star parents are those of military personnel who went missing in action or died as a proximate result of injuries of illness sustained during active duty service. The parents must have resided in the state for five years prior to applying for the abatement or their child six months before entering the service.
"Memorial Day being around the corner, we as a team, decided that this will be the most meaningful impact we could have, out of respect for our fallen soldiers," the mayor said. "When we look at numbers, we have only one family that would qualify. But that's one family that we could help tremendously. ...
"The abatement would vary according to your assessment and what your tax bill is, but it's marginal considering the sacrifice these families have made for us."
Veterans Services Officer Kurt Durocher said it would make North Adams the third Berkshire County to adopt the exemption, as Cheshire and Lanesborough more recently passed it. A few other communities have passed it or have discussed adopting it since it was signed into law in fall 2024.
Councilor Keith Bona said he didn't want to say no but was concerned that it was for anyone in the state. Someone in Stamford, Vt., that everyone knew could move to North Adams and not get the abatement, he said, but someone from Provincetown could. He wondered if it would induce families to move to the city for the exemption.
Other councilors didn't think it would attract people but Councilor Lillian Zavatsky thought it was a fair point and got clarification that the council could adjust the locally accepted provisions at some point "if things start getting strange, like we can kind of review and adjust." She said she appreciated Bona bringing up a "delicate topic" because it does concern the city's financial state.
"I just wanted to say thank you so much for this," said Councilor Marie McCarron to the mayor. "This is a very meaningful way to honor our Gold Star parents, and I'm just grateful that we only have one."
In other business, the council confirmed a North Adams Retirement Board vote to increase the cost-of-living adjustment base from 3 percent on the first $13,000 to 3 percent on the first $17,000 effective July 31, 2026. This change to the COLA base will increase the COLA benefit for retirees from the maximum of $390 per year to $510. The $590,344 in cost will be covered by the Retirement Board's investments.
• The council referred several amendments four chapters relating to short-term rentals, rental dwelling units, and related inspection and enforcement authority to General Government and to Public Safety, the zoning changes also to the Planning Board, and review by the city solicitor. The amendments were submitted by President Ashley Shade.
"When we created that ordinance, we created it to allow for short-term rentals to exist in the city. We didn't put enough regulations in for the enforcement of what we put in previously," she said.
Macksey said Inspection Services had spent a lot of time crafting these ordinance changes with Shade.
"We're trying to avoid going through 500 meetings to get to this point, but they've all chimed in and put their stamp on what is presented," she said. "President Shade did a lot of in-the-weeds kind of work with the team, which they really appreciate."
• The council referred a new ordinance on the use of artificial intelligence and large language models submitted by Shade also to General Government, Public Safety, and the IDEA Commission, with input from the information technology directors for the city and the schools.
• The council referred amendments changing the "Tree Commission" to the "Sustainability Committee," as submitted by Fitch to General Government and Community Development.
He said it was a matter of "keeping its original mission intact, of planting trees and overseeing tree planting and removal in the city of North Adams ,but also adding those additional responsibilities of guiding the city into the future."
Tags: complete streets, easements, land sale account, road project,
