[Massplanners] Do you require a bond for projects other than subdivisions?

[Barbara Carboni]

Hi Gil,

In Truro on a 40B project, we required in the permit holder to provide, prior to commencement of construction, "a performance guarantee in an amount satisfactory to Town Counsel in consultation with the DPW Director, and in a form approved by Town Counsel. . . ."

My position (as counsel to the ZBA) was that the project - multiple buildings on several acres with internal roadways -  was akin to a subdivision and should be treated as such, including imposing a bond requirement  The language above was a reasonable compromise protecting the Town with some flexibility for the applicant.

Barbara


Barbara Carboni
Town Planner and Land Use Counsel
(508) 214 0928

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Gil Hilario via MassPlanners
Sent: Wednesday, March 9, 2022 12:07 PM
To: Massachusetts Planners <MassPlanners at masscptc.org>
Subject: [Massplanners] Do you require a bond for projects other than subdivisions?

To Mass. Planners,

In the Town of North Attleboro, we require a bond for many commercial projects. For example a new bank branch, a new storage facility, etc. In the past, the bonds have been pulled although rarely for example if a developer did not install drainage correctly or to finish landscaping that never got complete. I am just wondering how common this is for cities/towns? We've received some feedback from developers trying to argue it is not needed. I am just wondering do many cities/towns require a bond for projects other than a subdivision? What's your bond process like?

Thanks!


Gil Hilario, CFM

Town Planner

Town of North Attleboro

43 South Washington St.

North Attleboro, MA 02760

Office:  508.699.0116

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