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Owner of 52 Kirby asks planning board to revise sidewalk condition; board denies modification
Summary
Richard Timberlake asked the board to alter a 2022 subdivision condition that mapped a long sidewalk and required a $15,000 escrow; after staff explained options (applicant-built sidewalk, escrow guarantee, or city-built sidewalk using fee-in-lieu), the board voted to deny the requested modification and keep the original conditions.
When the planning board took up a modification request for 52 Kirby on Nov. 20, Richard Timberlake, who identified himself as the property owner, told the board he wanted to reconfigure a sidewalk that had been required as part of a 2022 subdivision decision.
Timberlake said the approved map put the sidewalk largely off his lot and across his neighbor's property toward Route 29 and that engineering obstacles ' utility poles and mature street trees ' make the originally drawn alignment impractical. "When I decided to subdivide my lot back in 2021, I would be shocked to think I'm still here in 2025 talking about sidewalks," he said, adding that he has spent about $15,000 in escrow and several years trying to resolve the issue.
City planner Susan told the board the condition of approval gives the planning board two implementation paths: the applicant can construct the sidewalk along Kirby to the city's design standards and recover escrow funds on completion, or the city can use a fee-in-lieu to build a continuous sidewalk on Glenwood and along 54 Kirby when it is scheduled. She clarified the legal difference between a fee-in-lieu (a formal payment to the city to extend a sidewalk elsewhere) and an escrow (a financial guarantee returned to the applicant once required on-site improvements are completed).
Board members pressed Timberlake and staff on the technical obstacles and on what the escrow does and does not cover. Timberlake said staff had previously suggested he could act as general contractor and submit receipts; the city's position was that the escrow guarantees the required improvements until they are built and that it does not relieve the applicant of the obligation to design and construct a sidewalk in front of 52 Kirby.
After closing public comment and discussing options, the chair moved that the board deny the requested modification so the original conditions of approval remain in force. The motion passed by voice vote; the chair characterized the result as unanimous.
What's next: the denial leaves the notice of decision in place; the applicant may still choose to produce engineered sidewalk plans for city approval and build the on-site sidewalk in order to satisfy the condition and recover escrow funds, or provide the required fee in lieu to the city so the city can schedule the off-site work.
