[Massplanners] Land separated by RR

[Emily Holmberg]

I agree that in most cases the street railways were on an already public street.

In the case I referenced, it was a cross country section deeded originally from the landowner in 1900 to the Palmer-Munson Street Railway (later the Springfield Street Railway) that bisected a parcel of farmland. The strip of land is still visible on the Palmer GIS where it leaves River Street, goes through various properties, runs along the railroad, then leaves the railroad to merge into Ware Street just before the town line.

At the time of the subdivision, this strip had obviously been inactive for decades plus the entity that was the apparent successor in title did not acknowledge their ownership. As the deeded rights-of-way to cross from one parcel to another had no specific width or location, the subdivision was able to be designed with the roadway where it was best suited for the development.

An active railroad will be more interested in what is done within a deeded right-of-way to cross its tracks and depending on the way the right-of-way is written it may or may not be possible to change the use of the other parcel from agricultural to residential.

There are differences between the situation in Belchertown and the project in Palmer, my point was only that a subdivision road might be a potential solution.

Emily Holmberg, PLS
Holmberg & Howe, Inc.


From: THOMAS FUDALA <tomfudala at comcast.net>
Sent: Tuesday, July 5, 2022 6:28 PM
To: Emily Holmberg <EHolmberg at holmberghowe.com>; Emily Holmberg via MassPlanners <massplanners at masscptc.org>; Doug Albertson <DAlbertson at belchertown.org>
Subject: Re: [Massplanners] Land separated by RR

Street railway is a whole different animal than what used to be called "steam" railroads. Street railway mostly ran in what was already a public street. "Steam" railroads almost always were on their own right of way, either purchased or taken by eminent domain authorized by their state charter.

Tom Fudala
Mashpee retired
NRHS, R&LHS, MBRRE, B&M HS
On 07/05/2022 11:55 AM Emily Holmberg via MassPlanners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>> wrote:


Doug,

Possibly, it may depend on the location, nature of, and/or description of the right-of-way across the RR. It may be possible to create a subdivision road across the railroad.

Larry was involved in a project in Palmer where the owner created a subdivision road across the inactive Street Railway. In this particular case the Rights-of-way across the street railway were not specific as to location or width. Check the subdivision plans recorded in Hampden County District Registry of Deeds in Plan Book 260 Pages 24-27 and revised plans in Plan Book 272 Pages 6-9.

Emily


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From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> On Behalf Of Doug Albertson via MassPlanners
Sent: Tuesday, July 5, 2022 11:34 AM
To: massplanners at masscptc.org<mailto:massplanners at masscptc.org>
Subject: [Massplanners] Land separated by RR

Hi experts and observers,

I know the answer but want to see if any of you has an alternative truth.  The property owner’s house has adequate frontage and area.  Behind it is the railroad owned in fee by the RR.  Then the owner’s next property of 35 acres with no frontage.  There is an existing RoW crossing over the RR between the two.  The owner wants to know, of course, if he can create a building lot for his daughter on the rear parcel.  The first one of you who responds with “You’ve been doing this for 30 years and you have to ask?!?” is removed from my will.

Are there any particular insights regarding railroad properties that would add radical variables to what should be an outright “no”?

Doug

Douglas Albertson
Town Planner
Town of Belchertown
P.O. Box 670
Belchertown, Mass.  01007

(413) 323-0407  ext. 320

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