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Board conditions certificate of occupancy for Indian Neck site on $50,000 bond or completion of work
Summary
After peer review flagged minor construction deviations and encroachments onto town land, the board agreed to allow a certificate of occupancy provided the applicant posts a $50,000 bond to ensure removal or correction of a chain‑link fence and remaining punch‑list work.
The Zoning Board of Appeals conditioned final approval for the 50 Indian Neck Road as‑built on a $50,000 bond after the project’s peer reviewer identified encroachments and a handful of outstanding items.
Peer reviewer Phil Cordiero briefed the board on a sitewalk and a review letter that listed 10 deviations from the approved plan, most described as minor. Cordiero singled out two encroachments: portions of a decorative stone wall that extend into Forest Way (a private way) and about 75–80 ft of chain‑link fence that sits on town land. "I do not believe the board should approve this as built with the fence located on the town's land because you would inadvertently be authorizing that construction on land that you wouldn't have rights to authorize," Cordiero said.
Owner John Hines told the board he and the contractor would move the fence and complete remaining items but that bank timing pressured them for occupancy. Cordiero and members discussed bonding the remaining tasks; the reviewer suggested $25,000 to $50,000. The board voted to condition the certificate of occupancy on posting a $50,000 bond and receiving confirmation that the bond is in place.
Board action: The motion to grant a certificate of occupancy subject to the conditions discussed (including the $50,000 bond) passed unanimously. Staff said town sign‑off would not be given until the bond was posted or the work was completed.
