Post date: Feb 05, 2020 3:10:26 PM
As part of the replacement of the bridge on Main Street, DOT has requested some easements. I've addressed the temporary construction easements. As you'll see from Atty. Klein's note below, the small permanent easement actually requires Town Meeting approval. If you look at the attached map, the area in question is the small purple bit that would allow them full access to the underside of the bridge for future maintenance. This is a pretty insignificant piece of land but does require the extended process.
Joel Bard requested that I respond to your question whether Town Meeting authorization is required to convey permanent easements to the Commonwealth in connection with a state highway project. I have reviewed the Williamstown Town Manager Act which vests the executive authority primarily in the office of the Town Manager. Section 15 of the Act sets forth the powers and duties of the Town Manager.
In my opinion, the Act does not give the Town Manager the authority to grant property interests without a Town Meeting vote. Therefore, in my further opinion, any authority to convey property on behalf of the Town must be by Town Meeting vote.
Please do not hesitate to contact me with any questions.
Very truly yours,
Katharine Lord Klein
KP | LAW