Planning board backs phased bond-and-release approach for Haven Court subdivision

The Wareham Planning Board on June 8 told a developer it would support a phased approach that would let the owner post security for remaining subdivision work and release three frontage lots to be sold, provided the town's interests are protected by a replacement surety.

Attorney Matthew Costa and owner Lewis CALCAGNI (owner/applicant) told the board the project is a seven‑lot subdivision with three lots that have frontage on Robinwood Road and four lots that will be served by a new private road (Haven Court). Costa said the applicant seeks to add a performance bond where currently only a covenant exists and to release lots 48, 49 and 54 from the covenant so they can be sold to generate funds for constructing Haven Court and installing utilities.

Town engineering reviewer Phil (Allen & Major Associates) said a full bond for the project was recently estimated at about $1.4 million and that the board could apportion a partial bonding amount — tied to the remaining work — before releasing the front three lots. He cautioned the board about precedent from prior phased projects and urged explicit covenant and bond language to ensure that incomplete work on an initial phase would not preclude enforcement on subsequent phases.

Board members pressed for specifics: a highlighted plan showing the stubbed water and sewer work for the three front lots, a schedule of values tied to the $1.4M estimate, and covenant language that would replace the covenant with a surety for the remaining construction. Jane Gleason said the board needed to ensure phases don't become disconnected: "I don't want to get in the bind that bind again," she said, citing a past project where security disappeared and completion could not be enforced.

After discussing timing, inspections and the homeowners association implications, the board voted to convey that it supports the applicant's approach in principle, asked staff to memorialize the understanding in a letter and directed the applicant to return with the highlighted plans and a precise proposed bond amount at the next meeting. The board described the overall process as a multi‑step path: applicant submission, planning board recommendation, review of the form of surety by town counsel, select board acceptance, and final planning board vote on release.