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Saco River Garden HOA asks city to use developer escrow to finish unfinished work

5407596 · July 17, 2025
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Summary

Rob Biggs, representing Saco River Garden Condominium HOA, told council that final conditions of approval (stormwater, landscaping, final asphalt) were not completed after certificates of occupancy issued; he asked the city to reallocate $44,886 in escrow to finish the project and requested a face‑to‑face meeting with staff.

Rob Biggs, representing the Saco River Garden Condominium Homeowners Association, addressed the council on July 14 about incomplete work on a 10‑unit condominium development on Lincoln Street completed by developer Jackson Brown in 2022. Biggs said the Planning Board had approved the conditional use with conditions; he alleges the developer did not complete the stormwater grading plan, landscape plan or final wearing course of asphalt prior to receiving certificates of occupancy.

Biggs said the city acknowledged deficiencies in project closeout and told the HOA it was requiring the developer to submit as‑built plans that were not yet received. He said that the city is holding $44,886 in escrow, including a $25,000 payment set aside since 2007 for a potential future sidewalk, and that the HOA had not been provided funds to complete outstanding items. He asked the council to consider reallocating escrow funds paid by the developers to assist the HOA with completing the required work and requested a face‑to‑face meeting with staff and elected officials.

Director Cole Prescott and planning staff were reported as having begun a review; the planning department told the HOA that, because certificates of occupancy had been issued and time had passed, the city considered the matter closed but was still requiring submission of as‑built plans.

Why it matters: Homeowners allege the developer did not satisfy final conditions of approval and the city issued certificates of occupancy without completing project closeout, leaving homeowners with unfinished common elements and potential cost burdens.

What comes next: HOA requested reallocation of escrow funds and a meeting with city staff and elected officials; planning staff have said as‑built plans are expected and the matter remains under review.

Ending: Councilors acknowledged the complaint and staff said they have been working with the HOA; the HOA asked for a direct meeting to resolve the unfinished work and escrow use.