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Marlborough planning board reviews solicitor opinion on whether dissolved developers can convey subdivision streets
Summary
The Marlborough Planning Board reviewed a city-solicitor opinion about whether corporate officers can convey land after a developer dissolves, focused on Stratton Woods; the solicitor said the answer depends on current ownership, a title review is needed and revival of a corporation to convey land is possible in some cases.
The Marlborough Planning Board reviewed city‑solicitor correspondence explaining whether corporate officers can convey subdivision streets after a developer has dissolved, a question the board raised about the Stratton Woods subdivision.
Assistant City Solicitor Jeremy P. McNass told the board the answer depends on who currently holds title and that a review of the title exam will be necessary to determine who can validly convey the land. "Upon the dissolution of the corporation, . . . the property of the corporation passes through its former shareholders," McNass said, noting that in some cases a dissolved corporation may be revived for the purpose of conveying land.
McNass also said it is possible to pursue special legislation or a home‑rule petition that allows a municipality to accept streets by reference to recorded subdivision plans, citing examples of legislation that authorize acceptance by plan reference. He advised the board to contact the city solicitor for additional clarification before taking steps to approach owners or set a formal petition strategy.
Board members said they will keep the item on the agenda and return after receiving guidance from the solicitor and after any necessary title review. The board emphasized the practical need to clear longstanding unaccepted street records that, in one case noted by a member, date back to 1986.
No formal acceptance of streets or changes to regulations was made at the meeting; board members instructed staff to pursue clarification and to prepare follow‑up materials for a future meeting.
