West Warwick council deadlocks on Shoreline Properties bond reduction after resident complaints

West Warwick Town Council failed to approve a partial release of a Shoreline Properties improvement bond for the Carlton Avenue subdivision after a 2-2 tie on Feb. 4.

The council was asked to reduce the bond from $1,030,100 to $438,800 — a partial release of $591,300 — based on professional estimates the town engineer, public works director and Kent County Water Authority provided. The bond reduction request came after the developer sought a partial release tied to completion of specific infrastructure work.

Planning-board professionals submitted a breakdown showing $284,000 estimated to complete the sewer work, $146,800 for public-works items and $8,000 for Kent County Water Authority work, for a total of $438,800. Town legal counsel said state statute and the town’s subdivision regulations require the council to hold only the amount needed to complete the required improvements when the planning board and experts certify that figure.

Councilman Licciardi, who said he lives near the development, and other speakers described recurring dust, large clumps of dirt tracked onto public streets, tall uncut grass, and a July 2023 safety incident that prompted visits from the Fire Department and State Fire Marshal. Licciardi said neighbors want the developer to contain problems and fulfill performance requirements before bond money is returned. He said he would support releasing the bond in full only when the project is complete.

Town solicitor Al (staff) explained the two statutory methods for guaranteeing improvements: either the developer completes everything and seeks full release, or a performance bond is posted and the planning board (with expert input) later recommends partial releases tied to remaining work. He urged the council to follow the experts’ figures and said the council’s discretion is limited by statute and local regulations.

The town engineer (Jeff) said his cost estimates were produced by calculating quantities (square footage) and current unit prices for asphalt, concrete and other items and by on-site inspection. A town staff member noted sewers, sidewalks, top coat of asphalt and landscaping remained to be completed; at the time of the meeting three houses were framed, three more were under crane work, and one had a foundation only — seven lots in total.

After extended discussion the council took a vote that resulted in a 2-2 tie. Under council rules a tie fails, so the bond reduction did not pass and the larger amount remained held by the town.

Council members and staff repeatedly distinguished two separate issues: (1) whether the town must hold only enough money to complete remaining infrastructure (the legal/regulatory question), and (2) whether individual neighborhood complaints about dust, debris and alleged contractor conduct should be addressed through enforcement or other avenues. Several council members said enforcement tools and building-code/violation procedures exist and can be pursued separately from the bond-release decision.

The planning-board recommendation and the experts’ cost estimates will remain part of the record; council members discussed other enforcement options and the possibility of a maintenance bond after project completion.

Votes and next steps: because the motion failed on a tie, the bond amount remained at the higher figure. Council members who wanted additional enforcement or review said they will pursue those avenues outside the bond-release process; residents and the developer were encouraged to continue coordinating with building and public-works staff.