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Council discusses unfinished phase 3 and bond triggers for common-area work
Summary
Council members raised concerns that a subdivision developer has not completed phase 3 and that common-area maintenance remains unresolved; staff said the subdivision agreement contains triggers that could call bonds to finish work but he needs to review timing and specific triggers.
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Chair (S1) reviewed the town's prior decision to grant a waiver in December 2018 that allowed smaller lot frontages in a subdivision and said he would not have anticipated, by April 2026, that phase 3 of the development would remain incomplete.
"I would have never guessed we'd be sitting here in April 2026, and that project wasn't completely built out," the Chair said, noting council members who voted for the waiver had not included a completion deadline in the agreement. He said work on common areas appears contingent on further lot sales and construction.
A staff member (S8) responded that he had not reviewed the agreement recently but that the subdivision contract contains triggers "that would trigger the bonds that will allow us to complete them," and he said he will revisit the agreement to clarify timing. Council members and residents noted several lots are difficult to build on and that some lots currently listed for sale are unlikely to be developed quickly, which complicates relying on phased sales to fund common-area completion.
Why it matters: incomplete subdivision phases can leave common areas unmaintained and shift completion costs to the town if developer obligations are not met or if bond triggers are activated; council members discussed the need to check contract language and timelines before pursuing enforcement or completion actions.
Next steps: staff will review the subdivision agreement to identify specific triggers and timing for calling bonds and will report back with findings and recommended options for completing outstanding common-area work.

