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Homeowners press planning board to enforce Barrington Brook commitments; board to seek legal advice
Summary
Trustees and residents told the planning board that the Barrington Brook subdivision has outstanding drainage, road and protected‑land violations dating back years, and urged the board to withhold permits; planning staff said one lot may be unbuildable and the board agreed to seek town counsel on enforcement options.
Homeowners and trustees told the Great Barrington Planning Board on Tuesday that outstanding work at the Barrington Brook subdivision — including drainage fixes, removal of construction debris from protected land and incomplete erosion control — remains unresolved despite prior promises from the developer.
Planning staff summarized a May 21 site visit and subsequent correspondence that identified items still out of compliance with special‑permit conditions. Trustees who submitted a comment letter told the board they have lost confidence that voluntary fixes will occur and asked the board to use available leverage, including withholding permits or pursuing stop‑work orders, to force remedial action.
Why it matters: residents said unfinished work could mean lingering drainage and safety problems for neighbors, and that long delays shift cost and risk to homeowners. Board members acknowledged limited enforcement “teeth” at present and agreed to request legal guidance from the town attorney about options related to Lot 5, outstanding covenants, and active permits.
Residents’ testimony: Mr. Brown, a trustee representing one association, told the board the homeowners association took control of its association from the developer recently and listed a catalog of unmet commitments: boulders and construction debris on protected land; incomplete tree‑box filtration; drainage swales not installed as promised; and persistent road and infrastructure issues. "This has been going on a long time...we do have promises that were made and timelines that weren't kept," Brown said.
Staff and board response: planning staff noted that one lot remains under full covenant and that Lot 5 may have become unbuildable because of an on‑lot drainage swale; staff recommended consulting town counsel about whether the town can withhold further permits or issue stop‑work orders. Board members asked staff to return with legal options and a recommended course of action at the next meeting.
Next steps: staff will seek counsel about enforcement tools, penalties and the feasibility of withholding permits; the board tasked staff to report back so the board can decide any follow‑up action.
