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Boxborough planning board presses developer over Enclave sidewalks, ADA gaps; staff to consult land‑use counsel
Summary
Town building official Sue and staff presented a multi‑year punch list for the Enclave development documenting ADA noncompliance, steep sidewalk slopes and missing signage; trustees and residents urged action and the board directed staff to engage special land‑use counsel to pursue remedies.
Sue (building/inspection staff) presented a detailed punch list on June 15 showing multiple ADA accessibility failures at the Enclave subdivision, telling the Planning Board that sidewalks and driveway ramping frequently fail to meet required slopes and level landing areas, creating safety risks for people who use wheelchairs or have limited mobility.
"If a handicapped person is crossing the roadway to a sidewalk, you have to have a level landing area so they can pull off of the roadway before they go up a ramp," Sue said, summarizing measurements from site walks that found some ramp grades between 18 and 20 percent and cross‑slopes above the 2 percent maximum recommended for manual wheelchair users.
Sue and staff also flagged missing pavement markings (handicap spaces, crosswalks), exposed trip hazards (cover plates protruding more than 1/4 inch), incomplete drainage/retention pond finishing and lack of fire access signage. The town has been following the developer’s remediation for years: staff said Toll Brothers retained MDM Transportation to review or dispute elements of the town’s report, but the board has not received a full remediation plan.
Homeowners association trustees who spoke confirmed they had pressed Toll Brothers for fixes, said the developer acknowledged some defects and told the HOA that engineering study and repairs could be in the six‑figure range, and warned the HOA was told repairs may not be completed until spring 2027. The conservation‑replication planting also requires two growing seasons before the conservation commission can sign off, a timeline staff said likely runs into fall 2027.
Several board members urged more aggressive action. Member Mark White and others said the town should use the performance bond to finish outstanding work if the developer fails to act; Alec (planning staff) said the town’s performance bond was about $450,500 and recommended consulting special land use counsel (Attorney Costa) before taking enforcement steps such as fines or bond draws. A staff action to engage special land use counsel was the clear next step: Alec told the board he would arrange counsel availability and pursue appropriate enforcement options.
Trustees and residents urged the town to hold the developer to commitments and to delay any bond release until all items are inspected and accepted. The board indicated it will remain involved, staff will engage counsel, and the town will follow up on the developer’s promised engineering review.
What’s next: staff will arrange a consultation with special land use counsel about enforcement options and the viability of using the performance bond to complete sidewalk, signage and ADA repairs. The board and staff will track Toll Brothers’ engineering review and return updates to the board when available.
