The Ocean Breeze subdivision has lingered incomplete for a decade. Now with the assistance of Town Administrator Michael Gagne, the Planning Board will have legal counsel to compel completion of the long overdue roadway paving.
Attorney Matthew Thomas met with the Planning Board on December 7 for an informal discussion regarding contractual failures on the part of Scott Snow and the now defunct corporation, Coastal Homes.
However, before the discussion got underway, Planning Board member John Mathieu told Chairman Tom Tucker that he thought placing the agenda item into executive session was beyond the scope of what is allowed by state law. He explained that executive session is used for certain types of matters before the board, but that a discussion with Attorney Thomas, at this time, did not rise to that level and might result in the board members being individually fined. The board accepted his suggestion and a general open discussion followed.
Thomas said he had looked at all available documents regarding the subdivision, including performance standards and the covenant. He said Coastal Homes had failed to complete the topcoat paving on the roadway, causing years of hardship to the residents of the subdivision.
Thomas suggested an “out of the box” strategy to file a lawsuit against Snow and Coastal Homes. Although the corporation was dissolved by the state in 2014, that now gave the Town legal wiggle room to sue Snow.
“I suggest a lawsuit back to Coastal Homes and Scott Snow to get the road paved or get damages,” Tucker said. He also said he would petition the lending agency, Community Bank, to get disclosure on what had become of the $150,000 holdback they were suppose to have held as a surety until the road and other improvements were completed.
Mathieu made a motion to proceed with Thomas acting on their behalf. The board unanimously agreed with Chairman Tucker’s lawsuit suggestion, saying to Thomas, “Go get them.”
Continuing on the theme of subdivisions, covenants, and developer performance, the board met again with Joseph Furtado regarding Brandt Point Village. There was some back and forth over whether or not to send a letter to the Building Department in support of Furtado’s request for building permits for Phase 2 when Phase 1 was not complete – in this case, the main roads and a topcoat.
After some struggle amongst the members and between the members and Furtado as to what Furtado had or had not promised to complete before winter, it was the residents who supported Furtado this time.
Residents said, thus far, Furtado had done a number of repairs that met with their satisfaction and that they didn’t want him to rush before hard winter weather to get the road paved, preferring to wait until spring and trust that his word was good.
“I have no problem releasing the lot so he can get the money to get this topcoat,” Mathieu said.
Tucker agreed that Furtado seemed to be acting in good faith and following through on his commitments.
In the end, the board agreed to release the lot for sale and to advise the building inspector that, in their purview, building permits could be issued at this time.
The Appaloosa Lane subdivision residents weren’t as lucky on this night. Coming before the board at the board’s request was the developer, Michael Solimando.
Over many months of engineering work by G.A.F. Engineering, engineer Brian Grady told the board that the costs to upgrade the drainage system were ”higher than expected.” Grady said Solimando hoped to return in the spring with finances in place so he could complete the elaborate stormwater system along River Road.
“I’m embarrassed,” said Solimando. “It’s a quagmire; we didn’t expect it to cost so much. I’ve got to complete this in order to recoup anything.”
Tucker responded, “We expect you here in the spring.”
Solimando reiterated, “I’m embarrassed. Nobody likes to do a job and lose money.”
And then it was on to covenants.
Two covenant changes the Planning Board agreed to for public trash collection at the Villages of Mattapoisett and Brandt Point Village were about to be signed, but first there was more to talk about.
Mathieu wanted the other board members to understand the written legal opinion they had received from town counsel. He explained that legal counsel was saying the board could modify covenant language, but could not mandate trash collection in private communities because “we can’t spend money.” He clarified further that the covenant modification the board did make simply allows the subdivisions to request collection from the Board of Health.
“All we’ve done is given the applicants the ability to request the Board of Health,” said Mathieu. “They have to go to the Board of Health to make the decision.”
The board concurred.
The next meeting of the Mattapoisett Planning Board is scheduled for December 21 at 7:00 pm in the Mattapoisett Town Hall conference room. There is only one Planning Board meeting scheduled in January; that date is January 4.
By Marilou Newell
