By BRIDGET TURCOTTE
SAUGUS — The developer of a subdivision project started more than 17 years ago is on thin ice.
Chairman of the Planning Board Peter Rossetti said complaints were made about the subdivision’s roads not being treated for snow and ice during the winter storms in the past two weeks. Developer John “Jack” Mallon is responsible for making sure the roads are plowed, sanded and salted.
“The issue was in this last ice storm that they hadn’t taken care of making the road safe,” said Rossetti. “He’s required to keep the road safe. What happened was there was a lot of ice on the road and people couldn’t get out. It’s not a good thing.”
Rosetti said Mallon did not attend the meeting and hasn’t returned calls since. More than $5,000 in back taxes are due and Rossetti doesn’t believe Mallon is meeting deadlines that were outlined for him at the end of last year. Jersey Barriers that were supposed to be installed as a safety precaution in November, before the winter weather, have not been placed, he said.
Mallon is expected to complete the project by June 30. Should he miss any of the deadlines, a surety bond of $50,000 will be seized to finish the work. Mallon estimates it will cost about $65,000. On Thursday, he said he is on target to meet that requirement.
His original plans, outlined 17 years ago, included a 28-lot subdivision with single-family homes. Since then, 21 houses have been built and are occupied.
A retaining wall collapsed in 2008. Three houses were sold and moved to different lots, but the wall remains unfinished at the site, with Procopio Construction Company working to repair it.
The board previously asked Mallon to complete the project by Sept. 15. The deadline came and went, and work remains unfinished.
At the board’s Oct. 20 meeting, Mallon reported the retaining wall was 90 percent completed. Curbing had been installed on both sides of the road, but not repaired on the east side. The sidewalks were not finished and the Jersey Barriers had not been moved to their proper positions.
New signs with the proper spelling of Hitching Hill Road needed to be installed. The road needed to be paved, nine trees were yet to be planted, and a grass strip between the sidewalk and the street needed to be installed.
But Mallon said the barriers were in place more than two years ago and that he is not required to place any additional units. He said the roads were done “just perfectly.
“My subdivision does not have to be any better than any other road in town,” said Mallon. “This is winter time. Ice is part of winter. There’s ice on every road. I look out my door and if the plow hasn’t come out by my door, I don’t go up and plow. If the town isn’t doing me, why should I do them?
“Instead of calling me and saying, ‘hey Jack, it’s icy,’ they let it be icy and they wait and complain to the Planning Board.”
Mallon said the same three neighbors have been complaining for two years and there are 20 other residents who never complain.
“It’s a non-issue,” he said. “Everything is a non-issue.”
But officials are losing patience. Mallon is expected to report to the panel at a March 16 meeting.
The board approved 2 Winston St. to be subdivided into three separate buildings with seven condominium units; two two-family and one three-family home. The plan replaces a previously approved project to construct one 10-unit building with one unit being affordable.
The developer will be required to follow the drainage requirements from the previous plan. They will also install additional drainage and drywells to cut down on the amount of water running off the property, Rossetti said.
Bridget Turcotte can be reached at [email protected]. Follow her on Twitter @BridgetTurcotte.