NA asks line on cost of paving costs
BY AMY DeMELIA SUN CHRONICLE STAFF
Saturday, January 10, 2009 1:49 AM EST
NORTH ATTLEBORO - Concerned that it could cost up to $513,000 to pave Beaupre Circle and Pinsonnault Lane, selectmen met with the planning board Thursday to clarify how the work would be funded if the developer does not complete it.
Selectmen have already agreed to file a lawsuit in Superior Court seeking damages and seizure of a $154,000 performance bond - and accumulated interest - provided by Cedar Ridge Development, which owns the property. However, selectmen learned after authorizing the lawsuit that the road work could cost significantly more than the bond money.
Town Planner Mary Burgess said the costs have not been determined because it is not clear whether the base layer of the road needs to be ripped up and replaced. A worst-case scenario estimate put the project at $513,000.
"The estimate that was created for the planning board by Earthworks Engineering Inc. was an extremely conservative estimate set at prevailing wage to rebuild the roads from start to finish. This estimate, $513,000, is to be used in the Superior Court Case as damages sought to recoup for defaulting on the bond," Burgess told selectmen in a letter. "As previously stated, until an assessment is taken of the existing conditions of the roads, the planning board does not know the exact cost to finish the roads."
Burgess said the town had to take action - even though the situation is not ideal - so the roads in the subdivision are completed. She said she hopes the town's lawsuit in Superior Court will result in a damages award that will cover the cost of completing the road, sidewalks and curbing or that a settlement might be reached with the developer to complete the work more quickly.
"It's not an ideal situation," Burgess said. "We're doing our best to move this project forward for the residents and the town of North Attleboro."
Selectman Michael Thompson questioned what will happen if Cedar Ridge does not have the money to pay for the work.
"If this person doesn't have any money, we can sue him from now until doomsday," he said. "The only people who will end up footing the bill on this thing will be the town."
Burgess said the town will not incur the expenses. She said there are other alternatives the town can explore, though she declined to go into specifics on Thursday.
Thompson questioned why the planning board has not taken core samples of the road, but Burgess said the town does not have the right to do so because the roadway is still considered private property.
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