Planning board members declined last Tuesday to retroactively waive the town’s sidewalk requirements at a subdivision off Highland Avenue, after a developer who agreed to install them failed to do so when he began constructing the 20-lot Bentley Estates II.

The board’s unanimous vote was likely not popular with residents in the quiet 20-lot subdivision, which was approved by the town in 2016 and is now partially built out. But members said they are required to follow the letter of the law — regulations put in place before the town approved the development require them in any subdivision with five or more lots.

If board members had approved the request, “we are letting the developer off the hook because he was bound by our terms to install them initially,” said board member Mark Schmid. Speaking to Fall River developer Robert Kfoury, he said, “you didn’t do this in the beginning and that was your obligation. I don’t know that we can release you from your obligation.”

But while acknowledging that Kfoury failed to abide by his agreement with the town and never built sidewalks per the plan previously approved by the town, neighbors told board members that forcing their installation now will disrupt the character of the neighborhood, necessitate the narrowing of the road and potentially, put children at risk in the quiet dead end neighborhood.

“All 20 residents voted unanimously” to request a waiver from the town’s sidewalk regulations, said Patricia Couto, an attorney who lives on Whalon Way, in one of the subdivision’s homes. “It’s not a priority for any of the homeowners that live on the street. That should be considered.”

Kfoury, who also developed the adjoining Bentley Estates I subdivision approved in 2009, told planning board members that he “had no idea” he was required to install sidewalks during construction of Bentley Estates II.

But board chairman James Whitin said that’s nonsense, pointing to engineering drawings submitted during the approval process that show the sidewalks laid out along the side of Bentley and Whalon Way.

“I rebut that,” Whitin said. “You agreed when you got the approval to put sidewalks in. It’s on the plans and it was on the written approval. It isn’t the case that you can just build what you want, then come to us and say, ‘Well, we didn’t think we needed that.’ He was supposed to build the sidewalks when he built the road.”

Neighbor after neighbor acknowledged that Kfoury should have installed the sidewalks and in not doing so, erred. Still, they said they do not think they are necessary or appropriate, particularly since the original Bentley Estates, which adjoins the new section of development, does not have them — it was approved in 2009, before the town began requiring sidewalks in subdivisions of five lots or more.

“I’m afraid that if you put in a sidewalk and you close the road down (narrow it), it’s going to be dangerous to the kids,” said Adelino Borges of 73 Bentley Lane.

“The sidewalk is not going to benefit anybody,” added 62 Bentley Lane resident Matthew DaSilva. “We are not concerned, at all, about a sidewalk. If anything it’s going to make it tighter.”

“We don’t want it — it should be our choice,” said Cesar Franco, of 86 Bentley Lane. “He should have put them in, I understand that. But we should have the choice — we live there, not you guys.”

Board members were unswayed, despite one saying he found the decision he needed to make “rather distasteful.”

“I’ve never gone ... against the public will,” said member Mark Schmid. “But on the other hand I can’t turn my back on the rules and regulations that were put in place by this town for the benefit of all of us.”

“If we agree to that, we might as well just rip up the law that says there should be sidewalks, because it’s meaningless from then on,” board member John Bullard said. “Everyone will do what this gentleman did and totally ignore that. Because obviously, the law means nothing.”

Town planner Michael Burris said this week that with the waiver rejected, the “ball is really in the developer’s court” to finish all the agreed upon features in the development before the town reviews the work and releases the cash surety it has held since the project was first approved. Those commitments include finishing and surfacing the road, installing the sidewalks, and completing any other necessary work as called for in that original approval.