Middletown commission approves partial release of Mercy View subdivision bond, allocates $145,000 for road completion

The Middletown Planning and Zoning Commission approved a partial release and reallocation of the Mercy View Subdivision performance bond, directing $145,000 to the city’s Department of Public Works to finish an unfinished roadway and public improvements.

Staff outlined that the subdivision received final approval in 2019 and originally posted a $250,000 bond to guarantee completion. The developer subsequently acquired an adjacent lot and built two more houses, but the roadway — Jack English Drive — remains incomplete. “Our public works division is ready to mobilize, now that the weather is clearing up,” staff member Mark said, describing the administration’s plan for the city to take title to the road and complete the work.

Under the motion read to the commission, the plan calls for releasing $60,000 of the bond plus accrued interest to the developer in recognition of work already completed; allocating $145,000 of the bond to the city’s Department of Public Works for grading, curb installation, catch-basin adjustments and a final top layer coating; and retaining $10,000 of the planning and zoning bond and $35,000 of the water and sewer bond until the developer provides proof that the driveways along Jack English Drive have been paved or that property owners have executed agreements or paid in lieu.

Commissioners asked whether the city could draw more than $145,000 from the bond if additional repairs are required; staff responded that the agreement caps the city’s recovery at $145,000 and that any costs beyond that sum would be the city’s responsibility. Commissioner Elizabeth Emery asked whether the city could impose penalty forfeitures or bar the developer from future work; staff said the code does not provide for automatic penalties or prohibition of future entitlements but noted the commission can raise scrutiny and conditions on future approvals. Staff recommended securing legal access to privately owned roadways through temporary construction easements and said they plan to propose codifying that condition in subdivision regulations.

Commissioner Emily McEvoy asked about the causes of delay and how the $145,000 figure was reached. Staff said slow responses from the developer, multiple review steps and winter weather led to repeated delays; the $145,000 amount reflects public works’ estimate for completing final paving and related minor repairs, though significant drainage or binder-course repairs would increase costs.

A motion to approve the partial release and allocation passed. The motion specified the dollar releases and retentions and directed the Department of Public Works to proceed with necessary work once title and access arrangements are completed.