By DAN TOMASELLO
LYNNFIELD — A group of homeowners and the Planning Board expressed concerns with the way a subdivision is being constructed off of Lowell Street during a recent meeting.
The Planning Board approved the four-lot Vallis Way subdivision in December 2022 as well as a modification to the plan in 2023. Atty. Jesse Schomer requested that the Planning Board approve contractor GTA Co., Inc.’s request to reduce the subdivision’s performance bond from $230,000 to $116,000.
Schomer stated in a memo sent to the Planning Board that stormwater catch basins, drainage manholes and a stormceptor have been installed since last December. He also stated that the water line has been extended to the Sagamore Spring Golf Club, streetlights have been installed and conduit burial has occurred. He also stated that the gas line has been relocated, electrical poles have been installed and the roadway’s binder course has been completed.
“The work that has been done since December has been in accordance with the approved subdivision plan,” said Schomer during the Planning Board’s meeting.
Schomer stated in the letter that the “work remaining to be completed includes final cleaning and camera inspection of the water main, roadway top coat, gutter inlets and curbs, sidewalk installation and median strip planting, landscaping, installation of bounds, final paving of Lowell Street at Vallis Way, installation of a property fence, installation of a street sign and completion of the final as-built plan.” He said during the Planning Board’s meeting that the remaining work on the Vallis Way subdivision will be finished “after all of the homes are completed.”
“Vehicle traffic and the ongoing construction activities would be detrimental to the final roadway,” said Schomer.
Schomer expects that the Vallis Way subdivision will be “substantially completed” by the middle or end of 2026.
“We anticipate coming in with a final as-built plan for the subdivision around October of next year,” said Schomer.
Schomer said the work that has been completed on the subdivision totals $115,000.
“We have requested that the bond be reduced to $116,000 to cover the remaining items,” said Schomer.
Retired Department of Public Works (DPW) Deputy Director/Town Engineer John Tomasz noted in a memo sent to the Planning Board that “a few landscaping items” have not been completed on the Vallis Way subdivision. He stated that hydroseeding has not been planted on both sides of the subdivision’s entrance.
Tomasz also noted that, “Rills and rivulets have been noticed along the downslopes of the (retaining) wall and need to be addressed.” The retaining wall is located between Lots 4 and 5, and Lot 5 has a wooded hill that the Planning Board worked to protect during the permitting process.
In response to a question from Planning Board Chair Page Wilkins, Planning and Conservation Director Emilie Cademartori said the landscaping that will be located at the front entrance of Vallis Way “should have been completed already” because it is required as part of a Stormwater Pollution Prevention Plan (SWPP).
“It has been un-vegetated for some time, so it needs to be done even if it’s not on the bond,” said Cademartori.
Schomer said he will speak with GTA Co., Inc. about “making sure that is done.”
“It is a requirement,” said Schomer.
Cademartori said the soil behind the retaining wall “has not been stabilized.”
“There is erosion occurring,” said Cademartori. “What is not included in the bond is the planting plan for above the wall. I think it was presumed that it was going to be done immediately to stabilize behind the wall.”
Planning Board member Kate Flaws said the landscaping behind the retaining wall cannot be planted until this fall because it is too hot to plant landscaping.
While Cademartori said the landscaping can be held off from being planted, she said the contractor “has to stabilize the soil.”
“They can do erosion blankets, they can do mulch and seed and they can do a lot of things, but it shouldn’t be left un-vegetated,” said Cademartori.
Flaws agreed.
“I don’t want to see him do the plantings above the wall now because it is just going to make the erosion worse,” said Flaws. “He just needs to stabilize it and then do the plantings in the fall.”
Wilkins said she noticed during the Planning Board’s recent site visit to Vallis Way that, “The space between the wall and the road is way too small.”
“It is supposed to be five-feet, and it is clearly not five-feet,” said Wilkins. “There needs to be room to plant a row of arborvitaes along there. That is a violation of the plan.”
Andrew Dawson, who owns the 8 Vallis Way lot, opposed the bond reduction request.
“I am not in favor of any reduction because I just found out about this request a couple of days ago, so I haven’t had my chance to do my due diligence,” said Dawson. “I am an expert in ad sales and not construction. My father-in-law and one of my neighbors know much more about this, so I would like us to have time to make sure things check out because quite frankly, I do not have a lot of confidence just because of the delays we have seen with this company so far. I just want to make sure that there is no liability and we do it right. This is going to be our forever home, as we have a 3- and a 1-year-old. We want to make sure it is done correctly and in a timely fashion. I don’t have that confidence right now.”
Wilkins asked Dawson if any has any particular concerns he wants to have addressed.
“I was dealing with just the land,” said Dawson. “There have been a lot of delays. In hearing these requests, I don’t understand why we would reduce (the bond). I want to ensure it is done correctly and in a timely fashion.”
Planning Board member Ed Champy asked Dawson what delays have occurred.
“When we were trying to close on the lot, there were things they were supposed to accomplish that they just had no sense of we are supposed to get this done,” said Dawson. “It just seemed like they were happy to sit and just let it be there. The same company cleared trees on my lot without our permission. I just don’t have a lot of faith and I want to make sure we are holding accountability here.”
Cademartori said all of the Vallis Way lots still don’t have live power.
Hayward Farm resident Matthew Maggiore, who owns 1 Vallis Way, said he works in construction management. He said he hasn’t been provided with any updated as-built plans or submitting documentation from Hayes Engineering, and questioned the cost estimates that Schomer provided to the Planning Board. He said that he wants to review the line items and cost estimates.
“I really want to dive into that,” said Maggiore. “We are all invested here and have spent a lot of money to purchase land here. I think it is a bit premature to contemplate a reduction.”
Schomer said GTA Co., LLC was open to addressing the residents’ concerns.
“My client is a resident of Lynnfield and is not hiding anywhere,” said Schomer. “If there are issues the neighbors are concerned about, we are certainly open to have ongoing conversations with them about those. Some of the issues that the gentlemen mentioned I wasn’t aware of. I will certainly mention them to my client.”
Flaws also requested that Schomer provide additional information about the proposed cost estimates for the remaining work that needs to be completed on the Vallis Way subdivision.
“We need something to back up the line items,” said Flaws.
Flaws said approving the Vallis Way bond reduction request “would be premature” because “work hasn’t been done consistent with the plan already.”
“I don’t think we could in good faith agree to the bond reduction,” said Flaws.
Planning Board Vice Chair Amy MacNulty concurred with Flaws’ viewpoint.
“We just need the estimates to be more verifiable,” said MacNulty.
Wilkins also said she did not “feel comfortable reducing the bond” due to the subdivision’s issues that have not been addressed.
Cademartori said the electricity issue has to be addressed as well.
“And on behalf of the neighbors, one thing that is not in the bond but is time-sensitive is if we could ask when they can expect live power,” added Cademartori. “I know that the connection has not been made at Lowell Street yet from my understanding, so the streetlights can’t be activated and they have no power for construction, so they are relying on generators. It would be nice if they could get temporary meters, but they can’t do that until the connection is made.”
In response to a question from Wilkins, Cademartori said the cost for wiring is included in the bond.
“But the flipping of the switch and the connection with Reading Municipal Light Department does not have a dollar figure,” said Cademartori. “The wires are there, but the power is not live. I don’t think it is a long process, but it just needs to occur and when we don’t know when it is occurring.”
Dawson’s father-in-law expressed his support for Cademartori’s suggestion.
“We are building a house and it is very difficult to build a house without electricity and you are dealing with generators all the time,” he said. “We are getting close to the point where we will need it. It was promised long before this.”
Schomer said he will “look into” the live power request.
The Planning Board voted 4-1 on July 23 not to grant GTA Co. Inc.’s request to continue the Vallis Way subdivision bond reduction request to the August meeting after the board got into a heated argument with GTA Co., Inc. President Greg Antonelli (see separate story).