Developer: power-line conflict at intersection, not building, is delaying Beck property occupancy

The Procopio Companies told the Haverhill City Council on a routine agenda item that the Beck property is ready for occupancy but cannot receive final occupancy permits because a required traffic signal adjacent to the site is not yet fully operational.

The developer representative, David Roche, said 41 units are leased, 25 of those leases target move-in in May, and seven are designated workforce units. He described the project as “on the one-yard line” of opening but said a design conflict left power lines in the location of the planned mast arm for the traffic signal. “We were informed in March that there was a snag. The whole signal was built except for one piece,” Roche said.

Why it matters: the special permit for the project includes a condition requiring all traffic improvements be “in place and functional” before occupancy permits are issued. Inspectional Services has maintained that condition is a public-safety measure and that its director or the inspectional official who signs occupancy permits is liable if something goes wrong when a signal is not operational.

What the developer says: Michael Procopio, introduced by Vice President Jordan as owner of the Procopio Companies, told councilors the company and the city’s Inspectional Services Department (ISD) worked closely during construction. Procopio and Roche said the delay is outside the developer’s control because the adjacent traffic work was performed by the city using a MassWorks grant and the remaining step requires National Grid to move power lines.

Inspectional Services and public-safety concerns: Richard McDonald, director of Inspectional Services, told the council that the signal requirement is a safety condition tied to the permit and that his office is not willing to sign occupancy permits until the improvement is operational or an acceptable mitigation is in place. “If Mr. Bridgewater signs a temporary or a full occupancy, the liability, should anything happen, is on him,” McDonald said, referring to the ISD official who signs permits.

Potential interim measures discussed: councilors and the developer discussed temporary occupancy options if National Grid does not complete work in time. Options raised included limited/temporary occupancy, a temporary certificate of occupancy (TCO), and paid police details to direct traffic during move-ins. Roche said the developer would be willing to pay for police details as a compromise: “That’s something that we certainly would prefer over not opening the building given the leases that are in front of us.” Vice President Jordan said he had spoken with the police chief and expected police to be an option if needed.

Utility schedule and next steps: developers and city staff reported National Grid had given a target date (the transcript records the 18th) and that weather had caused prior delays. Councilors asked the developer and city staff to continue direct contact with National Grid. The council and staff agreed to revisit the matter at the next meeting in roughly two weeks for a status update rather than vote on a change to the permit condition that night.

What the council did: no ordinance change or permit amendment was approved at the meeting. The council asked the city solicitor to review whether a formal amendment would be needed if the council later chose to alter the special permit condition, and the matter was slated for a status report at the council’s next meeting. The developer and ISD agreed to remain in close contact with National Grid and city departments to try to resolve the snag quickly.

Context and constraints: councilors repeatedly emphasized public-safety concerns and the precedent that would be set by amending special-permit conditions. Several councilors said they supported a pragmatic, short-term compromise — such as police details — if National Grid could not meet the near-term schedule, while also urging caution about formally changing the permit requirement given its role in prior approvals of other projects.

Ending: Council President Sullivan summarized the plan: staff and councilors will continue to press National Grid, monitor progress, and bring the item back in two weeks for a report. No occupancy permits were issued during the meeting.