Chairman: Richard Baker
Members Present: Bill Manter, Laurie Levy
Members Absent: Julia Hucknall, Kim Ames
Recorder: Melanie Rich
The meeting was called to order at 7:30 p.m.
Mr. Manter made a motion to approve the December 6, 2010 Meeting Minutes; Ms. Levy seconded the motion. All in favor; none opposed; motion approved.
Earth Removal Board Appointment – A motion was made by Mr. Baker to designate Kim Ames as the representative to the Earth Removal Board; Mr. Manter seconded the motion. All in favor; none opposed; motion approved.
Stiles Crossing Street Acceptance – Mr. Baker informed those present of the latest progress. In a 12/22/10 email from Mike Andrade (Graves Engineering), Mr. Andrade wrote that the wall was inspected by a retaining wall engineer who said the bulge is acceptable and poses no structural concerns. His findings will be summarized in a letter to the board. Mr. Andrade also said that he had received and reviewed the acceptance (layout) plans and is awaiting completion of the as-built plans. Mr. Baker explained that the Board must be satisfied that all outstanding issues are resolved before forwarding an acceptance recommendation to the Board of Selectmen. Mr. Baker’s concerns were: (1) the Homeowner’s Association — it needs to be functioning before he will give
his recommendation, and the Board needs to know who owns the basins for the purpose of maintenance; and (2) street construction — since it took place so late in the fall. He will ask the Selectmen if they can obtain a letter from the bond company guaranteeing final aspects of the street construction with specifics to landscaping.
Mr. Baker asked those present in the audience if anyone plans to petition the Selectmen to accept the street. The answer was no. Mr. Baker stated that the Board of Selectmen would likely not call a special meeting solely for the acceptance of the road due to the cost involved to the town.
With regard to a Homeowner’s Association, John Amato (24 Ridgefield Circle) stated there was no association noted on his deed. He said there is no consistency; it is on some deeds, not on others. Ms. Levy suggested it was in their best interest to form an association so the basins will be maintained. One resident said the Board should provide guidance on what is required of an association. Mr. Baker informed them that there is a Declaration of Restrictive Covenants for Stiles Crossing on record with the Registry of Deeds which was recorded January 10, 2006, book 38185, page 171. In addition, an Amendment to the Declaration was recorded at the Registry of Deeds on November 22, 2006 in book 40218, page 141. The residents asked what the Town’s obligation is regarding street
acceptance and were told that the Town has no obligation. The homeowners purchased property in an unfinished subdivision, and it is the developer’s obligation to finish it. Mr. Baker suggested the residents and developer work together to move the street acceptance forward. A resident asked how they would know an association exists if it is not on the deed. Mr. Baker replied that was a legal question to which he was unqualified to answer. He stated the homeowners association is a condition of subdivision approval. He also informed the residents that the matter is scheduled on the Selectmen’s agenda January 10 and suggested they attend. Mr. Baker explained the process for putting an article on the Town Meeting warrant. He will speak with the Town Administrator to attempt to resolve the legal question surrounding association membership. He suggested the residents provide the Board with their own legal opinion as to the
status of the homeowners association. He will communicate any information he receives at the Selectmen’s meeting on Monday.
Compass Pointe Bond – James Venincasa appeared to request a release of lots. The Board received a construction estimate today from Graves Engineering ($725,804). This amount may be reduced since some of the items are duplicated under the Conservation Commission Site Stabilization estimate. Mr. Baker suggested Mr. Venincasa review the two estimates to see what amounts can be reduced and resubmit it to the Board. He will forward it to Graves.
FY 2012 Budget – The budget was reviewed and amended as requested by the Town Administrator and will be submitted tomorrow.
The meeting was adjourned at 9:00 p.m.
Meeting Materials:
1. Michael Andrade email (December 22, 2010) “Stiles Crossing Retaining Wall”
2. Graves Engineering Letter (January 3, 2011) “Compass Pointe – Phase 1 Construction Estimate”
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