Chairman: Richard Baker
Members Present: Bill Manter, Laurie Levy, Julia Hucknall, Kim Ames
Members Absent: None
Recorder: Melanie Rich
The meeting was called to order at 7:30 p.m.
Mr. Manter made a motion to approve the January 3, 2011 Meeting Minutes; Ms. Levy seconded the motion. All in favor; none opposed; motion approved.
Mr. Manter made a motion to approve the 2010 Annual Report; Ms. Levy seconded the motion. All in favor; none opposed; motion approved.
Compass Pointe Bond – The applicant was not present, and having received no formal request for a release of lots, no action was taken. Graves Engineering, with approval of the Board, has been working with the applicant and provided a revised estimate of $480,168. The Board discussed the release of lots and decided that of the 17 lots, lots 38A, 42A, 47A and 4A should not be released as part of the Phase I street construction.
Stiles Crossing Street Acceptance – Several residents and Stephen Madaus, Town Counsel, were in attendance. Mr. Baker informed those present that certification of the retaining wall, as-built plans, and acceptance plans were received. A final inspection will still be required by the Highway Department and the Board’s consultant. Mr. Baker also advised the residents that typically, minor issues arise that must be addressed to satisfy the Highway Department, but that developers usually are willing to remedy such defects in order to have the street accepted.
The major issue remaining is the Homeowner’s Association. The Homeowner’s Association is included on some deeds, not others. Nancy Colbert Puff posted an email message to the Massachusetts Planners discussion forum asking if anyone had ever come across this type of situation. A response was received from Ann Morgan, Planning Department, Town of Grafton, explaining her situation as a homeowner (attached). Copies were provided to those present. As to the legalities, Mr. Madaus stated that it is the developer (and/or its successors) who is required to get all items completed and in acceptable order to enable the Town to consider accepting the way. He reported that there is an Amendment to Declaration of Restrictive Covenants which was recorded in November 2006 but that
Certificate of Approval is not on record at the Registry of Deeds. Mr. Madaus did not conduct or order any formal title work but relied on information provided a resident. The original subdivision approval required the applicant to establish the maintenance trust, because the town could not be responsible for stormwater basin maintenance due to the cost involved. The residents in attendance said those whose deeds do not include the Homeowner’s Association are unwilling to participate in it. Ms. Levy suggested the homeowners engage an attorney to send a persuasive letter to those reluctant to participate.
A resident asked if they had to install a 5’ fence around the detention basin. Mr. Baker recounted the history of the subdivision. While the fence is a requirement of current Subdivision Rules, the Stiles Crossing Subdivision was approved under the previous rules, and fencing was not required. The developer included fencing on the plans voluntarily, and the amended plan approved by the Board this past Summer eliminated the fencing. Mr. Baker said the developer was sent a letter in September regarding his responsibilities regarding street acceptance and received no response. Copies of the Board's letter were provided for those present. Ms. Levy urged action, pointing out that the deadline is approaching for putting an article on the warrant. A resident expressed his concern
for safety with the snow, suggesting the cleared roads are not wide enough for emergency vehicles. The costs associated with insurance, maintenance and repair of the basins need to be estimated in order to determine how much those in the association would pay. The residents will attempt to find out. A resident asked how the developer could be allowed to work on another subdivision. Mr. Madaus stated that “bad character” is a not a reason to deny a plan.
Mr. Baker said that the decision to place the street acceptance on the town meeting warrant could be made at the March meeting. He warned the residents that if progress is not made by the time of Town Meeting, the Board might recommend it be passed over. There was a brief discussion about the possibility of accepting only Ridgefield Circle, leaving Juniper Hill Drive private. Mr. Baker stated that the Board would provide any needed public information expeditiously to the residents to aid their efforts.
Farooq Ansari (Longley Hill Tri-Party Agreement) – The Board reviewed a signed tri-party surety agreement for Longley Hill. Mr. Madaus stated that the document was generally in order, but it must be confirmed that the lender is the only mortgagee of record. Mr. Baker suggested the Board take action to approve and accept the surety but not release the documents to the applicant until final approval was given by Town Counsel. He reminded Mr. Ansari that the basins are to be maintained by a Homeowner’s Association, the requirement of which must be recorded before conveying lots. Mr. Ansari agreed. Mr. Baker briefly summarized the history of the project for the other members. The former owner received a bond estimate of $263,692. After purchasing the
property, Mr. Ansari requested a reduction, asking the Board to allow a “T” for emergency vehicle turn-around rather than a permanent cul-de-sac and agreeing to rough out the road at the Stiles Road end. The Board agreed to reduce the bond to $230,000. Mr. Ansari has obtained financing with Marlborough Savings Bank in the amount of $965,000, with $230,000 being withheld as surety. The Board will release four lots. Mr. Manter moved to approve the tri-party agreement and lot release on the condition it be held by Town Counsel for his satisfactory review of a clear title; Ms. Levy seconded. All in favor, none opposed; motion carries. Mr. Ansari presented a check for $2,500 for engineering review to be held in a 53G revolving account.
The meeting was adjourned at 9:15 p.m.
Meeting Materials:
1. Souhegan Valley Engineering, Inc. Letter (January 20, 2011) “Stiles Crossing – Retaining Wall 1”
2. Graves Engineering Letter (January 25, 2011) “Compass Pointe – Phase 1 Construction Estimate”
3. Ann Morgan email (February 4, 2011) to Nancy Colbert “Mass Home Owners Assn. – or lack thereof”
4. Planning Board 2010 Annual Report
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