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October 5, 2007
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Board continues hearing to seize Orchard Hill bond
By Catie Foertsch Community Reporter

Westborough - The Planning Board has been working for nearly 18 months to force developer Steven Venincasa to complete roadway paving and other repairs at Orchard Hill, his over-55 condo development off Adams Street. On Sept. 25, the board opened a public hearing to consider seizing that develop- ment's construction bond. About 30 Orchard Hill residents attended the hearing, and because so many wished to comment, the Planning Board continued the public hearing to Oct. 2 at 7:30 p.m.

Background

In December 2006, the Planning Board rescinded foundation permits on 10 lots in Orchard Hill because Venincasa would not complete repairs to the roadway, sidewalks and other areas.

In March, Town Engineer Carl Balduf gave Venincasa a detailed list of work that needed to be completed. On Aug. 13, the Planning Board told Venincasa that if the work wasn't completed by the end of August, it would schedule a public hearing to pull the construction bond.

On Sept. 25, Venincasa's attorney, Alan Dodd, told the Planning Board that while the list of work given to Venincasa by the town's engineer had not been completed, "substantial progress" had been made on items such as street paving, fixing deteriorating sidewalks and falling guard rails.

"Here we are at the end of September and it's still almost done," Planning Board member Augustus Ashton said. "We've been 'almost done' with this since last December. We're looking for 'done.'"

The list of items given to Venincasa by the Planning Board included the installation of large concrete stormwater structures, and the final installation date for those structures was Oct. 1. Dodd told the board that Venincasa was now proposing a diff erent type of stormwater treatment structure.

Plans for the new structures would have to be approved by the town's Engineering Department before they could be ordered, and Balduf said that after approval, it would take about six weeks to order and install the units.

Community building

elevator

A year ago, the Planning Board heard from more than 40 Orchard Hill residents who wanted Venincasa to build the community building he'd promised them. Thbuilding Venincasa originally presented plans for was two-story, 4,200-square-foot facility. There was no elevator in the original plans, and the town's building inspector and the Massachusetts Architectural Accessibility Board (MAAB) agreed that the state's building codes required an elevator. Venincasa filed for a variance, asking to be allowed to install a chairlift instead, and the MAAB ruled that he could install a residential elevator but not a chairlift.

On Sept. 5, 2006, Orchard Hill residents told the Planning Board they needed the elevator because the function room was on the first level but storage for tables and chairs was on the lower level. At that meeting, Venincasa insisted that he was not required to install an elevator.

At the Sept 25 meeting, Dodd told the Planning Board that it had come to his attention that an elevator in the community building was "something the board would like to see" and that Venincasa was now willing to install the elevator required by the MAAB.