Planning board advises council to accept Ferrera Avenue and release $425,000 subdivision bond

The Planning Board voted May 14 to give a favorable advisory opinion to the town council to accept the road construction of Ferrera Avenue as a public road and to recommend release of a $425,000 subdivision bond, conditioned on a one‑year maintenance bond equal to 5% ($42,500), recording of as‑built plans and receipt of recorded homeowners association documents.

The advisory opinion matters because acceptance of the road would shift long‑term maintenance responsibility to the town and enable release of the developer’s remaining surety. Chair Ed Lopes opened discussion by reading the petition and the staff recommendation. An applicant representative identified himself as speaking for Macquarie Lane LLC and said the developer had submitted the as‑built plans. "I'm here on behalf of Macquarie Lane LLC who built that subdivision," the representative said.

Planning and public‑works staff told the board they conducted site visits and reviewed completion requirements. Staff confirmed the original subdivision surety had been $850,000 and that it was reduced to $425,000 in 2022; the 5% maintenance bond figure (approximately $42,500) was calculated from the reduced amount. Solicitor Ryan asked whether the 5% standard applied to the reduced sum; staff confirmed the calculation and said they would double‑check ordinance language and documentation if needed.

Board members asked whether the submitted documentation included monumentation and whether the homeowners association documents were recorded. The applicant’s representative said the HOA declaration and related documents were recorded when the subdivision was created and that attorney Jay Lynch handled the recording. Planning staff (identified in the meeting as Leah) said she had an unsigned copy on file and agreed to obtain and confirm a recorded copy for the board’s administrative file prior to the release.

After those clarifications, a board member moved to make a favorable advisory opinion to the town council to accept the road and release the bond conditioned on a one‑year maintenance bond equal to 5% ($42,500), recording of the as‑built plans and receipt of recorded HOA documents. The motion was seconded; the board voted by voice and the motion carried. Chair Lopes closed the item and the board later adjourned the meeting.

The board also approved minutes from its Jan. 8 and April 9 meetings earlier in the session.

Next steps: the advisory opinion will be transmitted to the town council for its final decision on road acceptance and bond release.