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Planning Board approves partial release of developer surety for 9‑11 Independence Ave, with $4,000 retained for landscaping
Summary
The board approved returning most developer surety for a 2015 condominium project at 9‑11 Independence Avenue while withholding $4,000 to address dead trees identified in rear parking islands and to encourage the homeowners association to restore the landscaping.
The Planning Board voted on Aug. 12 to partially release about $120,000 in developer surety held since 2015 for the 34‑unit project at 9‑11 Independence Ave, but it will withhold $4,000 to cover replacement of dead trees in the rear parking‑lot planting beds.
Planning staff reported that the development was largely completed and that the developer, Thomas Fitzgerald, has transferred ownership responsibilities to the homeowners association. Inspector and consultant site visits found four dead trees in two landscape islands at the rear parking area. Attorney Michael Modestino, representing the current owner, said the association controls the property and the owner lacks legal authority to enter and replace landscaping without the association’s approval. George Clements, who assisted with project completion in earlier years, said landscaping was originally signed off at planting but that trees had since died and recommended a practical solution.
Clements said the town’s tree replacement ordinance sets a $300 replacement value per tree, which would total about $1,200 for four trees. The board’s discussion balanced the developer’s request for release of the surety with the association responsibility for maintenance. The board voted to release most of the surety and withhold $4,000. Attorney Modestino said his client would send a letter to the homeowners association notifying it of the deficiency and the available funds for replacement if the association does not act.
The motion to partially release the surety and retain $4,000 passed unanimously. Staff will prepare the release paperwork and the director will coordinate issuance of the funds in accordance with the board’s action.
