HomeMy WebLinkAbout1954-06-28 Board of Survey Minutes June 28, 1954
` The meeting of the Board of Survey opened at 8:00 P.M.
Chairman Kilgore, Messrs. Donahue, Hopkins , Johnson, Zanni, Assis-
tant Superintendent Putnam and Philip Welch were present.
Records of previous meeting were read and approved.
Voted to approve name of Italia Road, as proposed by Mr. Frank
Briguglio, running Easterly from Summer Avenue.
Moved, seconded and voted to accept, approve and sign under the
provisions of Chapter 81R of the Subdivision Control Law, subject to the
stipulations and restrictions set forth in an opinion from Town Counsel
Samuel H. Davis, dated June 7, 1954, which hereby becomes a part of these
minutes , the following listed developments and proposed streets therein:
( Kieran Road
Hillcrest Manor
(off Franklin Street) ( Sandra Road
(
( Joseph Way
Sunset Acres ( Catherine Road
(off West Street)
Voted to accept cash bond from John E. Selfridge for construction
of Selfridge Road and Cottage Park, in lieu of standard performance
bond, after necessary requirements are complied with.
Attorneys and Counsellors at Law
148 State Street
Boston, Massachusetts
June 9, 1954
Mr. James T. Putnam
Board of Public `works
Municipal Building
Reading, Massachusetts
Dear Mr. Putnam:
I have considered Mr. Welch's letter of May 25, 19554
relative to the approval of subdivision plan under the Subdivision
Control Law, Chapter 674, Acts . of 1953•
-z-
It is presumed that recent regulations of the Board of
Survey require the developer to file his bond before the final
approval of the plan. The Board of Survey is specifically
authorized under Section 81R of the Act to waive strict compliance
with its rules and regulations. In order for a person to secure
permit to erect dwelling house on a lot in a subdivision, it would
be necessary for the approved plan to be recorded in the Registry
of Deeds before the recent amendment of the Zoning By-law re-
lating to the increase in the frontage and the area of the lots
became effective. If the Board waived the regulation reouirement
relative to the filing of the bond, the plan could be approved
upon the condition that no lots in the subdivision shall be sold
and no buildings shall be erected thereon until the bond has been
filed in accordance with the requirements of the Board. The
Board should require the owner of the land being subdivided to
execute and deliver and cause to be recorded in the Registry of
Deeds agreement with the Board binding upon such land to file
required bond for construction of the ways and the installation
of the Municipal services in accordance with the Board's regula-
tions. Upon the filing of the bond covering those streets in the
subdivision not already bonded' the Board could thereupon issue
certificate releasing such streets from the operation of the
condition imposed upon the lots . This certificate could be
recorded by the developer thereby releasing the lots from the
condition imposed thereon.
If you desire to go forward with this matter in the
manner suggested in this letter, I shall be pleased to assist
you in preparing the necessary forms for approval of the plan
and agreement to be signed by the developer.
I shall be glad if you will forward to me copy of your
recent regulations so that I may have them on file for future
reference.
Yours very truly,
s/d Samuel H. Davis
SED:JB Town Counsel
Meeting adjourned at 9:00 P.M.
Respectfully submitted:
K-11 n
Secretary V