Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use Restrictive Covenant topic
No spam. Unsubscribe anytime.
Planning board approves technical amendment to subdivision restrictive covenant
Summary
At its March 11 meeting, the Gardner City Planning Board approved a technical amendment to a subdivision restrictive covenant that clarifies inspection consultant procedures, certain construction waivers and the conditions for release of building-permit restrictions.
Gardner City Planning Board members approved a technical amendment to a subdivision restrictive covenant during their March 11, 2025 meeting.
The amendment adds a consultation and inspection-consultant provision, several limited waivers and explicit rules for when the board will release restrictive-covenant blocks on individual lots, the board said. The board voted to attach the revised covenant, including the waivers, to the project record and place the document in public records.
The change allows the board to recommend an engineering firm to inspect construction work and gives the applicant a right to appeal the board’s selection of an inspection consultant under a new appeal provision. It also clarifies material specifications that were previously discussed: the document references use of HDPE pipe as an alternative to reinforced concrete in a specified section and confirms approval of previously discussed sump requirements.
On timing and release of building-permit restrictions, the amendment states the board shall release its restrictive covenant barring issuance of a building permit for individual lots “when the work on the ground necessary to service said lots is substantially completed.” The covenant text explicitly excludes final elements — sidewalks, paving and landscaping — from the definition of “work on the ground necessary to serve a lot” for the purpose of releasing the restriction. The board retains the right to withhold a certificate of completion or certificate of occupancy for no more than one lot, under conditions set by the definitive plan approval and decision documents.
A board member who led the discussion said the amendment is largely boilerplate but provides “insurance” that required milestones (roads, drainage, lighting, stormwater) are completed before issuance of all building permits. That member also praised work by staff and counsel who prepared the changes.
The board moved to attach the new covenant and associated waivers to the project file, the motion was seconded and the ayes carried.
Copies of the signed restrictive covenant and the waiver pages will be added to the public record and made available on request, the board said.
