Highland Ridge In Berlin Issued Another Stop Work Order
Steven Venincasa is currently developing the Highland Ridge project in Berlin, Massachusetts, under the limited liability corporation named Homes At Highland Ridge, LLC. However, there are notable issues, as the Berlin Conservation Commission has issued multiple Stop Work Orders. The minutes from the Berlin Conservation Commission meetings outline the challenges encountered and the attempts to mitigate the wetlands protection issues caused by the developer. How does a developer with, according to him, 40+ years “experience” find themselves in a position where the Berlin Conservation Commission is forced into issuing multiple Stop Work Orders? The multitude of serious wetlands protection issues have persisted for 12± months, as evident from the ongoing meetings.
Steven Venincasa displayed visible frustration and dissatisfaction at the Berlin Conservation Commission meeting on Wednesday, November 15, 2023. Instead of addressing the board, he whispered to his attorney throughout the meeting and departed the meeting room before their agenda item had concluded. His demeanor appeared arrogant and defiant throughout the meeting. After the meeting, he gathered with his development team outside the room but avoided making eye contact with the participants as they exited. The Highland Ridge buyers are authentically distressed by the developer's actions, seeking swift resolution to all issues. They seem supportive of the town's efforts to ensure compliance.
Without a doubt, the challenges encountered with the developer, Steven Venincasa, operating under the limited liability corporation name of Homes At Highland Ridge, LLC, as condensed by artificial intelligence from 10 to 12 months of official meeting minutes, encompass a range of recurring issues and difficulties:
1. Representation and Communication Lapses:
- Instances of the developer's representatives not attending meetings or canceling last minute.
- Delayed or late submission of crucial plans or documents.
- Lack of effective communication between the developer's representatives and the commission.
2. Non-Compliance and Follow-through:
- Failure to fulfill previous requests or agreements made in prior meetings.
- Disregard for specific requests or directives issued by the Conservation Commission.
3. Erosion Control and Stormwater Management:
- Persistent erosion issues, especially concerning downspouts causing water velocity hindering grass rooting and contributing to site erosion.
- Challenges in managing stormwater, leading to turbid water entering basins and road flooding during heavy rain.
4. Silt Sack and Maintenance Issues:
- Inadequate maintenance and cleaning of silt sacks, causing water backup and increased silt flow into stormwater systems.
- Persistent concerns about cleanliness and maintenance of roads, leading to recurring issues highlighted in monitoring reports.
5. Contractor and Site Maintenance Problems:
- Challenges in maintaining site cleanliness, with reports of trash, silt accumulation on roads, and ongoing concerns about contractor-related issues impacting site conditions.
6. Resident Concerns and Neighborhood Impact:
- Residents expressing concerns about flooding, overwatering, and the impact of development on the neighborhood.
- Swale and basin dredging requests made to address flooding concerns affecting the neighborhood.
7. Enforcement Orders and Stop Work Orders:
- Imposition of enforcement orders and stop work orders due to persistent issues and non-compliance, affecting the progression of work on the site.
8. Conservation Commission's Intervention:
- Continuous monitoring, requests for plans, and directives issued by the Conservation Commission to address ongoing issues and ensure compliance with regulations.
These issues collectively highlight a pattern of challenges faced with this developer, mainly concerning site maintenance, erosion control, stormwater management, and non-compliance with requested actions or plans by the Berlin Conservation Commission.
On November 15, 2023, the Berlin Conservation Commission once again issued a Stop Work Order, effectively halting all construction and site operations except for the completion of heating systems (3-4 days maximum) crucial to safeguarding the fire sprinkler systems for units under construction until Spring 2024. The Commission's allowance for this work is solely based on life safety concerns. However, no occupancy permits will be granted, meaning sales or rentals are prohibited until all outstanding issues are satisfactorily resolved to the Commission's standards. Highland Ridge owners sought copies of the order to ensure strict adherence and to avoid any breaches. It's evident that those invested in this development are deeply dissatisfied with the developer's failure to honor commitments and responsibilities to the buyers and community.
A man shared his personal circumstances with the Berlin Conservation Commission, recounting the recent passing of his wife and his efforts to move forward by selling his home (scheduled to close in December) and finalizing a purchase and sale for a unit at Highland Ridge. He expressed how the Stop Work Order would directly affect him. He might be forced into resorting to couch-surfing or having the significant expense of an extended stay if one is available and storage expenses for this personal belongings. Despite his request for an exception and the sympathy for his situation, the commission clarified their inability to accommodate his plea, citing the presence of a room full of people who had faced unfulfilled commitments from this developer as well. Another woman present at the meeting expressed that she was in a similar situation with this developer. Steven Venincasa is placing individuals in rather peculiar circumstances.
The challenges faced by Highland Ridge buyers, including those who've executed purchase agreements and await occupancy permits to finalize their closing date and move-in, along with potential buyers eyeing unfinished units, have been caused by Steven Venincasa. There seems to be a fundamental flaw in their business model, evident in their inability to effectively plan and execute on commitments made to customers and community authorities. This isn't the first project exhibiting such shortcomings.
Some individuals have anecdotally recounted that they had scheduled move-in dates at 19 Canal Street Apartments in Millbury and those dates have slipped multiple times, placing individuals in challenging positions of where they were going to stay in the meantime or having to find a new apartment elsewhere in a challenging rental market.
Sadly, the old adage “buyer beware” could not ring more true, whether you are buying or renting from this developer.
How does this concern Millbury residents? Well, having the facts and being aware can empower us as a community during public hearings. This awareness helps shape potential project conditions, aiming to alleviate issues faced by other communities, projects, and residents. A crucial aspect is the requirement for a project bond. A construction bond is a form of protection for the community against non-payment, lack of performance, company default, and warranty issues. Construction bonds are also known as contract bonds, because they guarantee that the bond holder will fulfill the terms of the contract. Equally important are regular, stringent, and publicly accessible reviews that hold the developer genuinely accountable. Implementing strict penalties for non-performance clauses further strengthens this accountability.
Please document and bring forward all identified concerns to the Millbury Board of Appeals public hearing on Wednesday, November 29, 2023, or any subsequent hearings commencing at 7:00 PM. The venue for the public hearing is the Millbury Memorial Junior/Senior High School situated at 12 Martin Street in Millbury, Massachusetts. Active participation from everyone is crucial to shape the result of the proposed project. Although some may perceive it as futile, other communities have successfully rejected or scaled-back Chapter 40B projects in the past that shared similar characteristics with the present one.