Planning Board extends Ruby Estates subdivision covenant for two years

The Southborough Planning Board voted on June 2 to extend the subdivision covenant for Ruby Estates (96 Montgomery/"Ruby Estates") by two years, moving the covenant’s expiration from 06/11/2025 to 06/11/2027.

Town staff explained the extension request relates to a recorded covenant attached to the definite subdivision approval that sets a deadline for completion of construction within the subdivision. Karina (Town Planner) told the board the property owner had believed state temporary-extension rules applied but the recorded instrument (a covenant) is not covered by the automatic permit extension, so a separate extension of the covenant was required.

Developer Michael Bartolini and Karina reported construction has begun—excavation of roadway and stormwater features is underway—and the town’s contracted engineering firms and the DPW are monitoring work. Karina said the developer has engaged Niche Engineering and that the town engineer, Caitlin Cervello, and DPW inspection contractors will inspect waterline installations.

Board members reviewed a draft extension form and clarified that the staff will make any necessary edits to reflect the board’s vote before the form is signed and notarized. Colleen (Town staff) was available for notarization the same evening.

“I make a motion to extend the 96 Mount Vickery Road Ruby Estates covenant extension from the prior expiration date of 06/11/2025 for a two-year period to and including 06/11/2027,” a member moved; after a second the board voted with recorded yes votes and no recorded opposition.

Karina told the developer the signed and notarized form will be filed with the Town Clerk and that an attested copy will be available for pickup from the Town Clerk’s office; Karina also noted the usual recording fee.