Tyngsborough Planning Board Refuses to Release Occupancy Permits Amid Enclave Drainage Failures

TYNGSBOROUGH — July 16, 2026 — Tyngsborough Planning Board refuses to release two final occupancy permits at Toll Brothers' Enclave subdivision as drainage basins hold standing water more than a week after the last rain. The board's peer-review engineer from TEC reported at the July 16 meeting that as many as six of nine infiltration basins contained between one and two feet of water — well beyond the 72-hour drawdown standard required under Massachusetts stormwater regulations. Toll Brothers representative Jessica Marsh proposed converting basins two, three, and five to extended dry detention basins, but the board declined to entertain the design change, citing a lack of geotechnical documentation proving the original soil conditions differ from the design assumptions. Two future homeowners, Lee Pritchard and Gerard Tai of 11 Juniper Lane, addressed the board in public comment, with Pritchard proposing a $1 million performance bond as an alternative mechanism; the board declined, saying it would not alter its existing agreement. "Instead of putting a million dollars up or two million dollars, just get the problem solved," one member said. The board directed Toll Brothers to schedule TEC's engineer on site for all future basin work and to deliver complete soil documentation before any further design changes are considered.