HomeMy WebLinkAbout1950-07-17July 17, 1950
29
This was a special meeting called by the Chairman to render a decision
on the status of Princeton Street. To order at 8:00 P.M.
Members Present: Chairman, Peter Ritchie and Lyman Kilton. Members
Mooradkanian, Reinhold and Whipple were contacted by the chairman and
wished to be recorded in favor of the following VOTE.
Motion was made and seconded and it was VOTED to send the following
letter to Mr. William B. Duffy, the Board of Selectmen and to Mr.
Christopher Kelly.
July 21, 1950 (date of letter)
The Planning Board helc~ a special meeting on July 17, 1950, to consider
the application ef Christopher Kelly, Jr., for approval of the layout of
approximatel~ 200 feet on Princeton Street, to enable the Public Wh~ks
Department of the Town to extend the sewer to a point en said Princeton
Street te be utilized by the applicant, according to the terms and condi-
tions as set forth in Article ~57 of the Warrant, and voted on at the
Annual Town Meetin~ held on M~rch 13, 1950.
One of the conditions included in the vote on said Article ~57, to be complied
with by the applicant, before extension ef the sewer was granted, was te obtain
the approval of the planning Board to the layout ef that section of Princeton
Street, specified in the Article voted on.
The Board has given this matter careful consideration and has determined the
following to be the facts relating te it: That Princeton Street was laid out
as part of a subdivision development of so-called "Colonial Gardens" sometime
during the year 1915, when there was no planning Board, nor its predecessor
the Board of Survey, then in existence, and the law of ~he To~n provided no
subdivision control or supervision; that the plan of #Colonial Gardens# had
been recorded in the Registry of Deeds."
Chap~ter 340 9f the Acts of 1947, relating to Planning Boards, and under which
law this Planning Board obtains its powers and operates, sets forth in part'
in Section §IP as foll~c~w. :~
"No public way and~o public water supply er sewer or other manicipal
utility or improvement in ar~ public or private way shall be
constructed within a subd ~eision in any city or town ...... unless such
way appears on a plat or such subdivision approved and recorded as
provided ...... . ..... "
Section 81K of the same law also sets forth in its second paragraph as follows:
SThe recording of a plan ef land showing the division thereof into
existing or proposed lots, sites or other divisions or ways furnishing
access thereto in the Registry of Deeds of the County. ...... in which such
land is situated prier to the date when Section §lK to 81U, inclusive,
or corresponding previsions ef earlier laws, including those relating
to subdivision control by Boards of Survey, became effective in the city
or town in which such land is situated, shall not e~xempt such land from
application of said sections~ except with respect to such lots....as
have been sold and are held in ownership separate from that of the person
or persons owning the rew~nder of the land so divided~ and with respect
to ways or parts of ways in which rights of ways appurtenant to such lots
........ have been expressly or impliedly granted, and with respect to lots
....... fronting on such ways or parts of ways."
July l?, 19 0 -Cont.
(Letter July 21, 1950-Cont)
This Board construes ~he law set forth in the above two sections as e~empting
Princeton Street and lots sold on Princeton Street fr~m the Jurisdiction of
thePlanning Board,' in view of the fact that the lots and appurtenent rights
to Princeton Street were not now owned by the original owner and developer
but had been sold to others, some of the lots on that street now being owned
by this applicant, Christopher Kelly~ Jr., The Board therefore feels that its
approval is not required to the present layout of I~inceten Street~ under the
law, in order to entitle this applicant to obtain an Sxtension or the sewer.
In view of the fact~ however, that said Article ~57, voted by the Town Meeting-
contains the co~ition that the approval of the Plamm~ing Board to the' layout '
of Princeton Street shall be obtained before the sewer can be extended, a~d
in further consideration of the fact that no prejudice is deemed to accrue to
the Town ~r to an~ other parties interested thereto, the Board has hereby
VOTED unsnimously to grant such approval to the layout of Princeton Street,
it being further understood that the sensideration of this matter by the Board
and the favorable vote thereon shall not in ar~ respect to be considered as
establishing a precedent for giving Jurisdiction to it in the future for
considering cases similar in facts' and circumstances.
Ve,ry truly yours,
PLANNING B~ARD OF NORTH
Peter Ri%~mie, Ohairman.
Motion was made and seconded and it was VOTED to adjourn the meeting~
It was also lh~rther VOTED that there would be no meeting until the month
of October, unless an application was presented to the Board and then a
~eeting would be held subject to th~ call of the ~hairman.
Adjourned at 9~15 P.M.
Chairman
Clerk