11/14/88 Board of Public Works Minutes

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REGULAR MEETING NOVEMBER 14, 1988 west end of Hull Street is used as a playground as the street does not go through. Mr. Newman reiterated that they have no objections to the granting of the Petitions but would like to have Hull Street remain open for access. He stated that some type of Agreement between the property owners could be entered into to keep access open. He indicated that such an Agreement should also contain a provision for maintenance of such access. He suggested that the Agreement to provide and maintain access be placed on respective Deeds in the event the property is sold. Mr. Newman concluded his comments by stating that it they can be assured access, they have no objections to the vacations. Ms. Charlotte Pfeifer, Executive Director, DuComb Center, 1015 East Madison Street, South Bend, Indiana, advised that they are located on Lot Nos. 23 and 24. She stated that they also do not have objections to the development of the area but are concerned about access to their garage in the rear. Ms. Pfeifer stated that they have been before the Zoning Board and for two (2) years have been trying to open a women's facility. As off-street parking is required of them, they have been allowed to utilize their garage in the rear for that purpose. Should access to that garage be cut-off, they will be in trouble as they require access to that garage off of Eddy Street. Mr. John V. Cimino, 846 Forest Avenue, South Bend, Indiana, advised that he was present on behalf of the Board of Directors of DuComb Center. Mr. Cimino informed the Board that if access is denied to the Center it would destroy the program. He stated that they have won many battles to get to the point where they are now and have received the cooperation of the Department of Correction, County Commissioners, citizens of South Bend and the South Bend administration. However, should access be denied, they would have to start over again at another location. Mr. Christopher J. Matteo, 807 East Jefferson, South Bend, Indiana, Petitioner, was present and advised the Board that he is incurring the expense of moving the telephone polls located on the south twenty (20) feet of Hull Street to his property so that the abutting property owners will have access on the south part of Hull Street. He further stated that a Contract will be drawn up for concerned property owners to sign which will provide that everyone will have access. Mr. Matteo advised the Board that he has talked to all the abutting property owners and all have agreed to such a Contract. Ms. Pfeifer inquired if this Contract would be binding on new property owners should the current owners sell at some future time. Mr. Matteo assured Ms. Pfeifer that it would also bind the new property owners. It was noted that the Ordinance submitted with the Vacation Petitions indicated that the purpose of the vacations is to construct a townhome project on the street and alley and the adjacent property. There being no one else present wishing to speak either for or against the proposed street and alley vacations, and no written objections having been filed with the Board, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Public Hearing on this matter was closed. Mr. Leszczynski stated that it appears that the concerns raised have been addressed by Mr. Matteo and in response to Mrs. DeClercq's inquiry, advised that favorable comments have been received from the Engineering Department, Department of Economic LJ 1 1