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NA may force developers to finish work
BY AMY DeMELIA SUN CHRONICLE STAFF
Thursday, July 9, 2009 2:47 AM EDT




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Town may seize cash bonds in four subdivisions
NORTH ATTLEBORO - The planning board will decide next week whether to seize cash bonds so the town can complete unfinished work in four subdivisions.

The four subdivisions - Bally Heather, Queen's Grant, Butterfly Estates and Dorey Estates - all have only minor work that hasn't been completed.

Town Planner Mary Burgess said no construction in those subdivisions has been completed in the past year, and the developers have not responded to the board's requests for progress reports.

All of the cash bonds still remaining in those subdivisions will be enough to cover the remaining work, Burgess said.

The Bally Heather subdivision includes Garrett Road, Jonathan Drive and Massand Road. The planning board will determine whether developer Thomas Fitzgerald should be considered in default for several issues, including water crossing the road instead of going into catch basins properly and problems with curbing. The cash bond for the project is $62,900.

The Queen's Grant subdivision includes Amy Lane, Girards Way and Leo P. Sarrizin Road.

The planning board will determine whether Richard Bessette, on behalf of Girard Family Trust, is in default for failing to complete work, including a curb cut on Amy Lane, repairing pavement on Amy Lane at Allen Avenue and general cleanup. The cash bond for the project is $75,179.

Butterfly Estates' problems are on Butterfly Way.

The planning board will decide whether Scott Brown is in default for failing to complete minor work, including replacement of curbing and fixing cracked pavement. The cash bond for the project is $11,628.

Dorey Estates includes Pond View Way and Magnolia Drive.

The planning board will determine whether Doug Cash is in default for failing to complete one item - a driveway on Magnolia Drive that is not flush with the road, creating puddles at its entrance.

The cash bond for the project is $3,214.

Developers of those subdivisions were given 45 days to complete the work during a hearing in May. The planning board will determine during a July 16 hearing whether the work has been completed or whether the bonds should be pulled by the town.

Burgess said the public hearing is part of the planning board's efforts to clear up outstanding issues in subdivisions so the streets can officially be accepted by the town at a future town meeting. If the bonds are pulled, the planning board will ask selectmen for permission to use the bond money to hire contractors who will be responsible for completing the remaining work.

AMY DeMELIA can be reached at 508-236-0334 or at ademelia@thesunchronicle.com.
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rjmminicooper wrote on Jul 9, 2009 12:31 PM:

" We do remember the Hickory Woods issues and the Planning Board does have a legal obligation to see the road completed. I'm glad in one persons opinion the developer they work for does a good job. (objective viewpoint not sure) So, it might worth reading the law before your comment. The law requires security be posted to ensure completion of the roadway. There are ways to ensure the appropriate money is in the bond. Like a schedule of value with time to complete the work with adjustments for inflation. Oh by the way, if you want less subdivisions in town how about buying the land from the land owner. Many of these landowners rely upon their land for retirement, educating their kids etc. how about compensating them. It nice to move into town and close the door behind you and want no more building. I don't know about you but I see many people trying to jumpstart the building industry to support our economy with jobs. How about the people out of work who build homes are you going to pay them because you don' want anymore subdivisions. Just curious. "

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realist wrote on Jul 9, 2009 11:53 AM:

" jeepXJ -- Do you think some of the developers walk away with unfinished work figuring the town will finish it? Remember issues with Hickory Woods and a certain selectman (with his eyes on re-election or higher office) rides up there like the white knight to save the villagers from the exploitive developer. He coerces the board to use town money to get involved in a civil matter that should be between the developer and home buyers.
As far as I'm concerned the town should stay out of it. The town owes those homeowners access to town services like schools, library, fire and police protection. As far as their little bit of infrastructure goes they need to pursue the developer. "

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jeepXJ wrote on Jul 9, 2009 10:29 AM:

" Profits aren't very high for a subdivision?? OK. I work for a developer...I know.

The solution to this problem is less subdivisions, more redevelopment. Subdivisions are ugly eye sores IMO. There are many many sketchy developers (not the one that I work for) that skimp on drainage, infrastructure, building, site work, etc etc etc and walk away with a killing. Don't allow any more subdivisions!! They're a joke. Why not just invite the toll brothers to do work in your town?? "

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harkin wrote on Jul 9, 2009 9:26 AM:

" Four subdivisions? For a small town like, NA, that's a lot of unfinished work. So the town's $150,000 from accepting the roads? It would be nice to see the town complete all of these projects but don't be surprised if they give the developers more time. "

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tinovr wrote on Jul 9, 2009 9:06 AM:

" Skeptic.. the bond is posted well before work even begins... so there's no way to assure that the bond will cover the remaining work. Sometimes roads are never finished and the builder just walks away. Towns aren't responsible for anything until the road is accepted. The residents that buy before completion are stuck with no trash pickup, no plowing, etc and have to fight with City Hall since the City sure as heck still wants all their property tax money.

Typically profits on developments are not very high, especially since the developer is responsible for the cost of building the road, but that cost may not be reflected in the market price of the home.

I'm sure the board takes the developer into account, but since it's usually a volunteer board, the member turnover may not remember a developers past history. "

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skeptic wrote on Jul 9, 2009 8:52 AM:

" Do those bonds even come close to the real cost of the work? It seems it would be easier to just grab the profits, let the corporation go bankrupt, walk away and stick the town with the bill.
When a development is proposed are they allowed to take into account the applicants ability to and reputation for finishing projects? "

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