Planning Board endorses Commonwealth Heights covenant with new abutter damage fund

MARLBOROUGH — August 24, 2020 — Marlborough Planning Board adds $25,000 abutter-damage escrow to Commonwealth Heights covenant. The board unanimously amended and endorsed the final covenant Aug. 24 after member Sean Fay and developer representative Scott Weiss of Gutierrez Co. independently emailed near-identical drafts to Assistant City Solicitor Jason Peaks during the meeting. The adopted language requires the developer to escrow "no less than $25,000" for "cognizable property damage claims" and names the city engineer as "the arbiter for the validity of any such claim." Weiss said most contractors "would seek to resolve this and the most cost-effective way would be to have any site contractor that's out there complete any repair work immediately." Members will sign mylar plans at 135 Neil St. by Friday. The chair noted earlier Teller-area abutters were never compensated for damage from prior work on the site.