Finance Committee Reaches No Resolution For Meadow Subdivision Roads 

Report On The Meeting Of The Amherst Finance Committee, October 4,2022

The Finance Committee meeting was held over Zoom and was recorded. It can be viewed here. 

Present At Finance Committee Meeting
Andy Steinberg (Chair), Cathy Schoen, Lynn Griesemer, Michele Miller, and Ellisha Walker.

Non-voting members: Bernie Kubiak, Matt Holloway, Bob Hegner

Staff: Paul Bockelman (Town Manager), Christine Brestrup (Planning Director), and Guilford Mooring (Superintendent of Public Works)

The ongoing saga of the attempts of the residents of the Meadows subdivision to have their roads accepted by the town as public ways (see also here) continued at the October 4 Finance Committee meeting. The subdivision, consisting of 28 houses on Hopbrook and Kestrel Lanes, was completed in 2005, but the roads were never finished and the number of needed repairs has increased over the intervening years. The residents have been frustrated in their dealings with Ted Parker, who is the CEO of the developer, Tofino Associates, as well as a Realtor and the president of Kohl Construction, and have gone before the Planning Board for help, but there is still no resolution. Complicating the issue is that the Planning Department only collected $20,000 from the developer of the $130,000 recommended surety for road completion when the lots were sold in the early 2000s.

At the suggestion of DPW Superintendent Guilford Mooring, the residents filed a petition with the Town Council, which, according to state law, would require the town to act on their request within a specified amount of time. The matter was referred to the Finance Committee from the council.

Mooring said that over the years several punch lists for needed work on the roads have been made. These punch lists specify work on catchment basins, sanitary sewer manholes, sidewalk repair, and vegetation clearing. Planning Director Chris Brestrup noted that Tofino is also trying to complete the roads in the Amherst Hills subdivision, but has cited difficulties in finding workers. She suggested that Tofino complete the roads in Amherst Hills prior to working on those in the Meadows and added that the Planning Board is required by state law to act on the residents’ request within 45 days, which would be mid-October. Since the work will not be completed by that time, the Planning Board would most likely not recommend that the town accept the roads. She also cautioned that when the residents of Amherst Hills pushed CEO Parker and Tofino Associates, the company sued them.

Meadows homeowner Connie Kruger disagreed that the Meadows should come after Amherst Hills, since Amherst Hills is enmeshed in litigation that may slow the work needed there. Doug Donnell, president of The Meadows Homeowners Association, agreed, saying the residents have lost confidence in Tofino Associates and are looking to the town to help them resolve the unfinished roads issue.

Council President Lynn Griesemer (District 2) said that even though she is sympathetic to the Meadows residents, who are in her district, the town cannot accept any more bad roads. She emphasized that the council needs to protect the town’s assets. Non-voting Finance Committee member Bernie Kubiak suggested that the town attorney be asked for advice on what leverage the town has to compel Tofino to complete the needed work.

Town Manager Paul Bockelman pointed out that Tofino has no vested interest in completing the roads and that it is the property owners who will suffer if the town doesn’t accept the roads. Councilors Michele Miller and Cathy Schoen (District 1) were sympathetic to the predicament of the homeowners. The Finance Committee requested that a list of work needed and proposed timeline be presented at their next meeting on October 18.

A Public forum on appropriations outside the annual budget will be held on Monday October 17, at 6:30 p.m. at the beginning of the meeting of the Town Council.