Greenfield council tables request to vacate unimproved right-of-way after resident raises easement, assessment concerns

The Greenfield Common Council on Oct. 7 voted to table a proposal to vacate an unimproved public right-of-way along South 100 and Eighteenth Street and a portion of West Carpenter Avenue after a nearby property owner raised questions about sewer easements, deferred assessments and past construction that altered the parcel.

The item, introduced by the mayor as a resolution authorizing the city to commence vacation proceedings, drew public comment from Patrick LaSouza, who said he and his wife paid a deferred assessment to the city in the amount of $13,400 for sewer and water improvements tied to the property adjacent to the right-of-way. LaSouza said the city allowed sewer and water service to be installed on the subject property on an “emergency basis” in the early 1980s and later made grade changes and installed a 16-inch culvert that affected the right-of-way during development in 2006–2007.

LaSouza told the council the original dedication of the right-of-way was for road purposes only and said he and his wife would seek summary judgment if the city vacated the way without constructing and maintaining a usable roadway that connects their parcel to a nonlandlocked street. He also asked the council to review whether deferred-assessment charges remain outstanding for adjacent properties that benefited from the sewer and water connections.

Alderson Kasner moved to table the resolution to allow further review and consultation with the city attorney; the motion was seconded and passed. The council did not adopt the vacation resolution and directed city staff and the city attorney to follow up on the history and legal status of easements, deferred assessments and the elevation and drainage changes described by LaSouza.

Why it matters: Vacating a public right-of-way can change property access, maintenance responsibilities and development rights. LaSouza’s remarks raised questions about whether prior city actions and developer work altered the parcel in ways that affect the city’s authority to vacate, and whether the owners have unresolved financial claims tied to earlier public-works assessments.

Council action and next steps: The council’s vote to table preserves the right-of-way while staff and the city attorney investigate the legal record, easements, deferred-assessment history and any outstanding liabilities. LaSouza provided the council with a written statement of his remarks for the record.

Outlook: The item will return to a future council agenda only after staff and the city attorney report back on the chain of title, the scope of any recorded easements, whether deferred assessments remain attached to any parcels, and the city’s liability exposure if it proceeds with a vacation without constructing a connecting roadway.