The police and other departments determined the road name was OK.?ÿ The Planning Board endorsed the Definitive Subdivision Plan.?ÿ It was recorded.?ÿ A bond was posted before the road was constructed for the sale of lots.
The Police Department decided that the road name was too close to another road name and asked that it be changed.
The road construction is complete.?ÿ The lots are built upon.?ÿ We have now submitted the As-Built and a request for the release of the Bond based on the completion of the improvements pursuant to the bond.
The Town Planner wants to hold the bond until the road is officially renamed.
The Town Planner is not sure what the correct mechanism is for the renaming of a road, so she asked the Planners and Town Surveyors in the surrounding communities.?ÿ Their answers varied.
The Town Planner believes it will be best to run through the entire process (they will waive the filing fees) for a Modified Subdivision Plan so the plan has the right name on it.?ÿ I did mention that lots were conveyed referenced to the old plan, so those probably should be updated.
I provided the Local General Bylaw that mandates a Town Meeting Vote as the correct mechanism for renaming a road.?ÿ The Town Planner believes that since the bond has not been released, the plan is still within their court.
The Town Planner might accept a signature by the Planning Board attached to an Affidavit recorded and referenced on the record plan.?ÿ Might.
I asked for everything in writing so I could provide it to my client's attorney for their review.?ÿ She still has not provided the documentation.?ÿ This is after about 12 manhours of my office dealing with her and her over complication of the situation.?ÿ She is certainly gaining experience...
My take on it is that the road name on the Definitive is the road name.?ÿ The bond is an assurance for the construction of the road and they cannot tack on additional requirements.?ÿ I believe it should follow the Town Meeting route described in the general bylaws and the Planning Board is out of the loop.
I felt bad for the planner when an architect beat her up at a public meeting for miscalculating a parking requirement based on floor area.?ÿ The planner had missed that the requirement was for floor area dedicated to public use.?ÿ That bad feeling has waned and I have more important things to do than deal with some road name change that she wants to make a career out of.
I agree with everything you wrote, except that the name of the road is whatever they name it at Town Meeting, or when the City Council votes to accept the road as a public way. I've seen other instances where the name on the Definitive Subdivision Plan is different from the name when the road was accepted. I've seen numerous roads that were renamed many years later. They sure don't go back to update the plans and deeds when that happens, so why do it now? The Town Manager is way over-thinking this, with her thoughts running out to the Twilight Zone. They should release the bond now that the road is built.
Kind of funny that the police are worried the name is too similar to another road name. In Harvard, there is Littleton Road, Old Littleton Road, and Littleton County Road. Not surprisingly, they all run from Harvard to Littleton.
Lots of recorded subdivisions out there with Road A, B, C on them too. ?ÿ
I think once an outside Attorney talked to the Town Planner the bonds will be released, and?ÿ a town meeting vote will change the name.
I agree with you its time to move on, they should have caught the road name in the beginning.
My take is that the name on the definitive is irrelevant until the road is accepted. The name is what is voted on and accepted as a public way at town meeting. I would hazard to guess renaming a road through town meeting only applies to accepted roads.
I would agree with all points above.
The planner, not suprisingly, is way overthinking.
No special deeds needed. Next deed out should have correct name and reference to original.
The entire bond can't be witheld. It differs from jurisdiction to jurisdiction but most will do a parial release based on construction.
Thadd, isn't the road stilled owned by the developer of the Subdivision??ÿ It's their call for a private road name.
Another case of someone in a municipality overstepping their jurisdiction.?ÿ As long as the bond requirements are satisfied, they need to release it.?ÿ There's absolutely no call for a revised subdivision plan or new deeds.
Perhaps it's just a difference in how things are done in different areas but here the road names are not "set in concrete" until the final subdivision plan is recorded.?ÿ It's unusual to change them from the approved preliminary plat but not unheard of.?ÿ The City can change the name of any street at any time (see the Martin Luther King Jr. Drive etc, in almost every City).
Andy
I imagine that the bond amount includes signage and until the signage is installed and approved the bond can be held up.?ÿ
Like Andy said, street names changes all the time to honor dignitaries; perhaps the new street name should be the police chief's name.?ÿ
I don't see a reason for a deed to reference a street name but then I am on the left side of the country.?ÿ
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The road will remain a private road, so there is no acceptance as a public way.?ÿ The developer owns two lots and therefore the fee in half the road in front of those lots.?ÿ The lots he conveyed (allowed to do so with the bond) would have also conveyed the fee in the road to the centerline.?ÿ?ÿ
The local General Bylaw states that road names are to be changed after a Town Meeting Vote.
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