Planning board issues 45‑day notice of violation to Abigail Estates developer over streetlights, missing as‑built plans; $200/day fine approved

The Tiverton Planning Board voted to issue a notice of violation to the developer of Abigail Estates for outstanding construction closure items including unenergized street lights and missing as‑built plans.

Planning staff explained the sequence required to energize subdivision street lighting: the developer’s electrician must obtain a permanent electrical permit for the light installations, the town must inspect the work, and then the utility (Rhode Island Energy) must be notified to energize the fixtures. Staff said the contractor had not pulled the required permanent permit and that inspections and a formal town clearance are outstanding.

Board members also expressed frustration about long delays in receiving the as‑built plans; staff reported engineers had told the applicant the stamped as‑built survey would be several weeks out and that paving/finish work was still incomplete. Several members noted residents had lacked routine services (trash, snow removal) and safety amenities (street lights, sidewalks) for months while the developer’s work remained unfinished.

After discussion the board authorized staff to issue a notice of violation to the developer requiring correction within 45 days; the board specified a daily civil penalty of $200 beginning after the remedy period if compliance is not achieved. Planning staff said fines may be up to $500 per day under town rules but recommended 45 days with $200/day as a reasonable enforcement posture.

Why it matters: Residents in the subdivision have complained of safety and service issues; the board used its enforcement powers to compel completion of required improvements and submission of as‑built plans before final acceptance.