HomeMy WebLinkAbout1956-11-05 Board of Public Works Minutes November 5. 1956
The regular meeting of the Board opened at 7 ;30 P. M.
Present were Chairman Johnson, Messrs. Hopkins, Donahue, Zanni
and Superintendent Putnam.
Minutes of previous meeting read and approved.
Signed vouchers and payroll for payment.
Discussion of water fluoridation then ensued. The Superintend-
ent reported on the technical difficulties engendered by fluoridation
and presented estimates of cost of fluoridation equipment from two
companies, namely. Wallace & Tiernan and Proportioneers.
Moved, seconded and voted to instruct Superintendent to procure
a blackboard and install same in the Board Meeting room, of suitable
size and quality.
Received an oral report from Chairman Johnson regarding the
` access road to the Business C zoned area off South Street. Chairman
Johnson stated that several offers had been made pro and con with the
owner, Jacob Zeytoonian, and his Attorney, J. Warren Killam, Jr., and
that a final conference will be held later this evening. Report noted.
Received report from Superintendent regarding Chapter 718 Acts
of 1956 which is an act providing for an accelerated highway program.
Further information will be obtained by him at a meeting to be held in
Holyoke on November 15, 1956. Report noted.
Chairman Johnson then left the meeting for a further conference
with the Town Counsel and the Attorney for Jacob Zeytoonian regarding
the access roads, and Mr. Domenlck Zanni acted as chairman pro tem in
CMr. Johnsons absence.
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Received letter from A. Dickson Smith, 588 Pearl Street, Reading,
requesting an abatement on his October 1, 1956 Water Bill amounting to
$24.30. After some discussion it was voted that no abatement be given
Mr. Smith and that the Superintendent be instructed to write him a
letter explaining the useage on his service over the past several bill-
ings.
Received report from the Superintendent regarding a resurfacing
operation recently accomplished on West Street from Selfridge Road to
the Wilmington Town Line. Report noted.
Received written opinion from the Town Counsel, Carl H. Amon,
Jr., dated November 5, 1956 regarding the proposed Sturges Trust Devel-
opment situated Northerly of Walnut Street, Easterly of Pine Ridge Road
and Southerly of Oak Ridge Road. Said opinion is hereby made a part of
these records.
November 5, 1956
Mr. James T. Putnam, Superintendent
Board of Public Works
Municipal Building
Reading, Massachusetts
Dear Jim:
I have your letter of October 18, 1956 in which
you request my opinion as to "whether or not the failure
of the developer to obtain the land required for the proper
Board of Survey approval of streets in the proposed develop-
ment, and the failure to thg Board of Survey to act on the
approval of the proposed development, could be construed as
an inproper blocking by the Board of Survey of the proposed
development" under the following facts:-
.
9 I
It is my understanding that the so-called Sturges
Trust filed on September 24, 1956 with the Board of Survey
the final plans and street profiles for the subdivision of
the land situated northerly of Walnut Street, easterly of
Pine Ridge Road, and southerly of Oak Ridge Road, and that
on the same date an advertised public hearing was held.
It is my further understanding that the plans and profiles ,
showed the rounding of street corners in accordance with
the Rules and Regulations and that the Board of Survey under-
stood at that time that all of the land necessary for the
rounding of corners was owned by the Sturges Trust. I also
understand that the fact is that the Sturges Trust does not
own the land necessary for the rounding of at least three
of the corners involved and cannot obtain title by deed from
the present owners.
The Board of Survey in the Town of Reading has
jurisdiction over the subdivision of land in accordance
with the subdivision control law as enacted by the Legis-
lature. The purpose, in part, of subdivision control is
to protect "the safety, convenience and welfare of the
inhabitants of . the towns in which" it is put into
effect. Section 81M of Chapter 41 provide$ that the power
of the Board of Survey shall be exercised "with due regard
for the provision of adequate access to all of the lots in
a subdivision by ways that will be safe and convenient for
travel; for lessening congestion in such ways and in the
adjacent public ways; for reducing danger to life and limb
in the operation of motor vehicles; for securing safety
in the case of fire, flood, panic and other emergencies
It
Section 81q of Chapter 41 provides that "After
due notice and a public hearing (Board of Survey) shall
adopt, and may from time to time amend, reasonable rules
and regulations relating to subdivision control not inconsistent
with the subdivision control law " " .and shall
set forth the requirements of the board with respect to the
location, construction, width and grades of the proposed
ways shown on a plan " Under this provision, and prior
to November 1, 1951, the Board of Survey of Reading adopted
its Rules and Regulations, including the requirement for
street corners as follows:- .
"Section 8. STREET CORNERS
(a) All street intersections must be rounded
' with corners having radii of at least twenty feet,
except where the angie of intersection of two
streets varies from the right angle in which case
the radius of the curve connecting the acute angle
shall be made correspondingly greater. It is
suggested that one foot be added to the radius
of the connecting curve for each three degrees
that the intersection varies from the right angle ."
In my opinion the requirement for the rounding of
street corners is within the purpose of the subdivision
control law and .is a proper rule or rekulation under
Section 81q,.. The Sturges Trust does not own sufficient land
to round three corners with a radii of at least twenty feet.
It is therefore my opinion that the Board of Survey can
disapprove the plans suomitted by the Sturges Trust on the
basis of the failure to comply with Section 8 of its Rules
and Regulations, and that such disapproval would not be
improper or arAitrary action on the part of the Board .
Very truly yours,
(SIGNED) Carl H. Amon Jr.
Carl H. Amon Jr.
Town Counsel
Written opinion from Town Counsel noted, and matter taken under advise-
ment until the next meeting. _
Dr, Kenneth Holbrook and a delegation of members from the Reading
Lions Club visited the Board to discuss the fluoridation of the Munici-
pal Water Supply, and to inquire why the municipal water supply has not
as yet been fluoridated. After some discussion, the delegation was ad-
vised of the technical difficulties encountered by the Board and the lack
of a sound installation proposal.
Moved, seconded and voted that, two proposals now having been re-
ceived, to instruct the Superintendent to advertise for bids on water
fluoridation equipment. -
Received letter from Mrs. Andrew A. Sitar, 168 Pearl Street,
Reading, requesting an abatement on her water bill dated April 1955.
On recommendation of Superintendent it was voted to abate the amount of
$6.60 on this bill.
Received letter from Charles W. Shoecraft, 52 Hartshorn Street,
Reading, requesting permission to connect a cellar drain with the
new Essex Street Storm Drain Extension. Moved, seconded and voted to
permit this cellar drain connection subject to the usual restriction.
Received petition signed by IU property owners on Emerson (Priv-
ate) Street requesting that Emerson (Private) Street be accepted as a
Public Town Way under the provisions of the Betterment Act. Petition
aceepted, noted, and filed for processing in the usual manner.
Received letter signed by 6 property owners on Catherine (Private)
Avenue, requesting that the petition dated J¢ly 6, 1956 signed by then
requesting that the established grade of Catherine Avenue be lowered,
be recinded. Moved, seconded And voted to accept withdrawal of orig-
inal petition and permit road to be constructed to the approved grade.
Board adjourned at 12:15 P. M.
Respectfully submitted: •^
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Secretary y6