The three roads were built in two phases, concluding this year. But, the city has yet to accept the streets.

PITTSFIELD, Mass. — Despite completing all of the work, the Community Development Board will not lift a performance bond on a subdivision until the streets are accepted.

 

The acceptance of the streets, however, will be debated because while the developers constructed the roads to the level required in their approvals, some aspects don't meet modern requirements.

 

The Yola Esther Development consists of Karen, Kara and Giovina drives off Williams Street. The project was first approved in 1996 and now developer Joseph Kroboth has finally completed it. The city required the developer to take out a $175,000 performance bond which the city could use to finish the project. 

 

After years of inactivity, in 2012, the developers promised the board the project would be completed. Then in 2014, the Community Development Board nearly took the bond to finish the work. But attorney Thomas Hamel, representing the developers, promised to finish it by this year. 

 

"We have completed everything in accordance to our conditions," Hamel told the board on Tuesday. "We completed the subdivision in terms of the agreement."

 

City officials including the Department of Public Services and the city engineer, have not signed off on accepting the streets. There is some concern that the city won't take them because of updated standards. The Community Development Board refused to release the bond until the streets are actually accepted.

 

For example, the sidewalks do not have handicapped-accessible ramps. City Council Vice President Christopher Connell says there is also concern about standing water. Those concerns were not part of the original approvals though.

 

"I would suggest you wait until they are actually accepted," Connell said of releasing the bond. "We don't want to subject the city to any liability if we accept this."

 

The developer has applied to have the three streets accepted by the city, which had been part of the plan all along. That needs to go the City Council's public services subcommittee and then ultimately to the council. 

 

Hamel says Commissioner of Public Utilities Bruce Collingwood has some "political issues" but that shouldn't impact the bonding. Since the developer lived up to his work based on the conditions set by the approval, the bond should be released, he said.

 

"The fact that [Collingwood] is not here indicates that he doesn't have any issues," Hamel said, adding that Collingwood knew about the meeting.

 

The board said they would like to hear from Collingwood and the city engineer before lifting the bond. In other acceptance cases, Collingwood said the city doesn't accept streets unless the roads are up to a certain condition and it isn't clear if these roads are.

 

City Planner CJ Hoss also advocated for holding the bond saying it is the one piece of leverage the city has to ensure the work is done properly. Connell said the City Council isn't "dragging it out" but rather has concerns about liability that need to be sorted out before accepting the streets.

 

Board member David Hathaway says he just wants this long-awaited project completed.

 

"The important this is to get some action on this and get it done," he said.

 

The public works subcommittee is scheduled to meet on Sept. 30. The Community Development Board did not lift the bond and is expected to get an update from city officials by their next meeting.