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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