By DAN TOMASELLO
LYNNFIELD — A new subdivision that is currently under construction off of upper Main Street has a number of problems, a group of homeowners said during the Planning Board’s Jan. 26 meeting.
Attorney Robert Lavoie appeared before the Planning Board in order to request the deadline for finishing the Sagamore Place subdivision be extended. He recalled that Hannah’s View Estates, LLC owner David Deloury purchased Sagamore Place from former developer Angus Bruce in June 2020 after Bruce’s company, Brookstone Development, filed for bankruptcy. The subdivision includes four lots on Sagamore Place while the fifth lot is located off upper Main Street.
“Hannah’s View Estates has been marching forward with the development of the subdivision,” said Lavoie. “Humans are imperfect, so there might be slips along the way.”
Lavoie said the subdivision’s road was built a few years ago. He said the developer’s other company, Deloury Industries, will be “making subdivision improvements.”
“We were reminded that the completion deadline for the subdivision was rushing forward, which is why we submitted a request for an extension,” said Lavoie. “There is about $67,000 worth of work that has to be done. That includes installing light poles, granite markers and paving. Everything could be done by May.”
After the work is completed, Lavoie said a warrant article seeking to accept Sagamore Place as a public way will be submitted for a future Town Meeting.
Attorney Norm Orban told the Planning Board that he is representing Jill Larsen of 5 Sagamore Pl. He said Larsen has filed a lawsuit against Angus Bruce.
“This neighborhood has been a nightmare,” said Orban. “Ms. Larsen lives at the home with small children, and many things that have been promised her right from the get-go have still not happened. The builders and construction managers are involved in litigation in Essex Superior Court. There is a lot going on between the homeowners and the people developing this property.”
Orban said Sagamore Place did not have any streetlights until temporary ones were installed hours before the Planning Board’s Jan. 26 meeting. He also said trash is not getting collected. He said the subdivision’s detention basins were poorly constructed, which in turn has flooded Larsen’s driveway and yard.
“It’s causing erosion in her yard,” said Orban. “There have been issues throughout the development. The homeowners did not get what they bought.”
Planning Board Chairman Brian Charville asked Orban if he was open to the subdivision extension request getting denied, and having the Planning Board take back the bond.
Orban said Sagamore Place’s problems are “a quality issue and not a speed issue.”
“There are problems everywhere with these homes,” said Orban. “It’s a complete loss of faith. I believe the homeowners will feel protected if somebody else was doing the work because there is no trust there. There is a real issue between the homeowners and the developer.”
Dr. Peter Prokopis recalled that he and his wife are currently building a home at 6 Sagamore Pl. after they sold their Hayward Farm home.
“It was a requirement for buying the land that Angus Bruce had to build the home,” said Dr. Prokopis. “We did as much research as we could about this man, and decided to move forward. It has turned into an absolute nightmare. Angus Bruce is not competent to build the development in this neighborhood. We hired him, we fired him and we are now in a lawsuit with him now. I am an orthopedic surgeon, and I have never been involved with a lawsuit in my life. I work hard and we trusted someone to work hard for us. That did not happen.”
Dr. Prokopis said he and his wife have spent “tens of thousands of dollars” over the last several weeks in order to fix problems he said Bruce caused.
“That is stuff I already paid for because there is no quality control,” said Dr. Prokopis. “That also speaks to the development of the road. If I was living on Ms. Larsen’s property, I would be horrified. With everything that has happened, I do not feel comfortable in granting an extension to anything associated with Mr. Bruce. I prefer that the town take over because we know that it will get done right. This development will have over $8 million worth of homes. It should get done properly. We have all spent a fortune and continue to do so.”
In response to a question from Charville, Dr. Prokopis said Deloury has been trying to help him solve some of the problems.
Planning and Conservation Director Emilie Cademartori recalled that Brookstone Development purchased the Sagamore Place subdivision when it was previously known as Janet Way. She said the permits that are still in Bruce’s name should be transferred to Deloury.
Claudine Prokopis said the home’s various problems have been emotionally and financially draining for her family.
“My husband and I have been in Lynnfield for 15 years,” said Claudine. “Our kids grew up here and we love the town. We never thought we would be in the position we are in now. It has been a disaster financially and emotionally. Dave has been trying to help us out. Our site costs have gone from $95,000 to about $325,000. If we could move back to Hayward Farm, we would.”
Claudine urged the Planning Board to have the town take over finishing the street because she said Bruce has “caused so much damage.”
“I know Dave has a good reputation but once you lose trust in something, it is hard to get it back,” said Claudine. “I think everyone would be fine with the town taking over the street because it would be done right.”
Claudine informed the Villager in a phone interview that her family has hired Matt Maggione construction in order to address the new home’s issues.
“They are doing an incredible job,” said Claudine.
Planning Board Vice Chairwoman Kate Flaws asked what the town has been doing to help the homeowners.
Cademartori said Building Inspector Joe O’Callaghan has been inspecting and re-inspecting the homes. After the homeowners raised concerns about the development to the Planning and Conservation Department last fall, Cademartori went on a site visit to Sagamore Place with a consultant and Town Engineer Patrick McAlpine.
“We identified deficit items and a lot of the items were corrected over a series of weeks,” said Cademartori. “Mr. Deloury has acknowledged that the sediment forebay is clogged with sediment and needs to be reconstructed in the spring.”
Cademartori noted that temporary streetlights were installed hours before the Planning Board’s Jan. 26 meeting. She also said new catch basins have been installed in order to address flooding issues, but she said more work has to be done in order to permanently address the flooding problems.
“I am glad there are folks living there now because if no one was living there, it wouldn’t be so apparent that things are problematic,” said Cademartori.
Planning Board member Amy MacNulty said she empathizes with the homeowners.
“It’s a terrible situation,” said MacNulty.
Lavoie said Bruce is not affiliated with Hannah’s View Estates, LLC. He said Bruce did serve as a consultant for the company and built the subdivision’s homes.
“That is a contractual obligation he has with the homeowners,” said Lavoie. “Hannah’s View Estates is responsible for the roadway and all of the infrastructure. I have represented Mr. Deloury for 30 years and I represented his father before him. They have a stellar reputation in Andover.”
Planning Board member Paige Wilkins said Deloury has to address Sagamore Place’s various problems in a timely manner. She expressed disappointment that the temporary streetlights were installed on Jan. 26 instead of last fall when the concerns were first raised.
“There is obviously a trust issue for the people who live there as well as us,” said Wilkins.
Flaws made a motion to take back the bond, which was seconded by Charville.
“I realize how draconian it is to do this,” said Charville.
Wilkins asked how the process would work if the town took over finishing the roadway and making drainage improvements.
Cademartori said the town will need to hire contractors in order to finish the work. She said the bond would cover the costs.
Lavoie suggested that the Planning Board approve a shorter extension in order give Deloury time to address certain problems.
After a discussion, Flaws withdrew the motion that sought to take back the bond. The Planning Board voted to give Deloury until Wednesday, Feb. 16 in order to address several of Sagamore Place’s issues.
Cademartori stressed that a number of the problems will not be able to be fixed until the spring, but she said the extension will give Deloury time to identify what work has to be done.
“All of the corrections will get done, but they just can’t get done this time of the year,” said Cademartori.
Deloury pledged to the Planning Board that, “The work will be done 100 percent correctly.”
Planning Board member Ed Champy did not participate in the discussion because his company has worked with Deloury in the past.