The Planning Board on Monday discussed how to address the owner of The Trails housing development’s apparent failure to make repairs to Wilson Street he agreed to have completed by mid-May.

The issue of damage to Wilson Street first came before the Planning Board at its meeting on May 13, 2024. DPW Director Kerry Reed discussed the culpability of The Trails in causing roadway damage at that time. She reiterated this concern earlier this year, when the DPW and The Trails appeared to be at an impasse regarding who was responsible for fixing the damaged road.

In response, Vin Gately, the owner of The Trails, appeared at the Feb. 24 meeting. He said he did not believe all of the road damage was a result of the subdivision. But his project engineer, Peter Bemis, proposed a plan for completing repair work by May 15 at a cost of $40,000.

At that meeting, Phil Paradis, the town’s engineering consultant, presented estimates for the necessary work to Gately. He said the repair work would cost $102,000 at rates proposed by the Massachusetts Department of Transportation. He also noted that the developer possibly could get that work done for half that amount by not paying prevailing wage.

Because of the additional roadwork, the Planning Board then voted unanimously to raise The Trails’ bond amount from $75,000 to $177,000.

The town has had a long and complex history with The Trails and its stormwater management practices since 2021. The Conservation Commission imposed fines upon The Trails in 2023 that had been held in abeyance for nearly two years because of repeated violations. Stormwater ran off the property and impacted the Ashland reservoir as well as Wilson Street. Bemis and Gately insisted that the damage was caused by an intense rainfall period and worked to improve the stormwater management system.

The Trails sued the Conservation Commission in early 2024. The Conservation Commission was scheduled to meet in executive session on Sept. 2 to discuss the lawsuit.

Current concerns make road repair critical

John Gelcich, the director of Land Use, Planning and Permitting, said Reed submitted comments noting that emergency repairs costing around $1,200 had to be made to Wilson Street “because the developer still has not repaired it.”

Gelcich noted that he and Reed reached out to Gately “several times,” reminding Gately that he said he would make the repairs at the February meeting.

“[Gately] was not happy that the board raised the bond amount,” he said, noting that Gately’s attorney sent a letter to the town to that effect. “[Gately] is saying he’s waiting on the town’s response on the bond.”

Although the bond approval is in place, Gelcich added that the town is not enforcing it at this time. But that is conditioned upon the road repairs being completed at Gately’s expense.

Chair Rob Benson explained that there is “a pretty significant downhill slope” from the development to the road. This caused water to “wash out” dirt and part of the pavement on Wilson Street “after significant rainstorms.”

“This is frustrating, to say the least,” he added.

Another issue Benson called out was the way the developer originally proceeded with the project. Instead of implementing a phased process, Benson said the land was clear-cut.

“And he doesn’t want to take responsibility for that,” Benson said.

Gelcich said corrective measures were installed to control the amount of runoff, but roadway damage still occurs to a lesser extent now.

Vice chair Matthew Wronka asked if the town could repair the road. Gelcich noted that it has not been budgeted and would require an appropriation.

In a worst-case scenario, the bond could be cashed, Gelcich added.

Said Gelcich: “It’s a confusing situation.”

Member Peter Mimmo noted that the town is spending money for temporary repair costs. Depending on rainfall, it may have to do so again if Gately doesn’t fix the road.

The board agreed to invite Gately to its next meeting on Sept. 22 to learn more about his position. It also will address its concerns to Gately beforehand in writing. Gelcich said he would reach out to town counsel regarding the offsite impacts.

Added Benson: “If we have any levers to pull to get this to happen sooner than later, that’s what we should do.”

Bond release for Highland Park III approved

In other news, the board approved in an 8-0 vote a bond release request for Highland Park III.

Gelcich explained that Singletary Way is part of the Highland Park III development, which is located near the Hopkinton Country Club. While the road was built and accepted by the town, the developer never requested the $16,808 bond back until now. He added that the town has owned the road since 2018.

Gelcich did not recommend approval at this time for a similar request for Stoney Brook Road, which is part of the Highland Park IV development. He noted that this last part of the Highland Park subdivision is not yet complete and that there have been “issues with the design of the road.” Because a peer review report had not yet been received, he suggested that that board reconsider it at the next meeting on Sept. 22. Benson agreed.

Downtown parking permit hearing continued

The board voted 8-0 to continue the hearing for a special permit for downtown business district parking until Sept. 22 at the applicant’s request. The proposal called for parking between the principal building and the street for a four-unit development at 3 Claflin Street, off Walcott Street.

At the Aug. 4 meeting, residents expressed concerns about flooding, the impact of seven new parking spaces on a narrow residential street and snow removal.

The Board of Appeals is scheduled to hear this case on Wednesday.