LaChance 03/28/2007
March 28, 2007
Carol S. & Albert J. LaChance
187 Middle Branch Road
New Boston, NH 03070
RE: NOTICE OF DECISION
File No. 2006-027
NOTICE OF DECISION - Conditional Approval
Planning Board, Town of New Boston
You are hereby notified that the Application for Subdivision Plan of Albert & Carol LaChance for a Cluster Development, "Houghton Woods", Tax Map 2 Lot 112-2, N.H. Route 77, Lull Road and Middle Branch Road, for the subdivision of eight lots with open space, in the Town of New Boston, has received conditional approval by majority vote of the members of the Planning Board on March 27, 2007, on the motion(s):
- I MOVE to approve the Subdivision Plan of Albert & Carol LaChance for a Cluster Development, "Houghton Woods", Tax Map 2 Lot 112-2, N.H. Route 77, Lull Road and Middle Branch Road, for the subdivision of eight lots with open space, subject to:
CONDITIONS PRECEDENT:
- Submission of a minimum of five (5) blue/blackline copies of the revised plat, including all checklist corrections, waivers and any corrections as noted at this hearing.
- Submission of a suitable mylar for recording at the HCRD.
- Digital plat data shall be submitted per Subdivision Regulations Section IV-F, 3.
- Submission of the security, in the amount of $37,288.90 for the construction of the off-site improvements to Lull Road as shown on the approved plans and profiles, in a form acceptable to the Town of New Boston.
- Submission of security for the ISWMP in the amount of $22,487.81 for Lots #2/112-2-3, -4, -5, & -8 in the form of cash.
- Approval of the Declaration of Covenants and Restrictions, the drainage easement, the turnaround easement, and the common driveway easement and submission of the executed documents. The cost of recording at the HCRD shall be borne by the applicant.
- Submission of a Certificate of Bounds Set, and the appropriate fee for recording same with the HCRD. (If necessary.)
- Execution of a Subdivision Agreement regarding the conditions subsequent.
- Payment of any outstanding fees related to the subdivision application and/or the recording of documents with the HCRD (if necessary).
- Upon completion of the conditions precedent, the final plans and mylar shall be signed by the Board and forwarded for recording at the HCRD.
- Submission of construction monitoring fee for the inspections of the Lull Road off-site improvements in the amount of $10,920.00 and in the form of cash.
The deadline date for compliance with the conditions precedent shall be June 26, 2007, the confirmation of which shall be an administrative act, not requiring further action by the Board. Should compliance not be confirmed by the deadline date and a written request for extension is not submitted by that date, the applicant is hereby put on notice that the Planning Board may convene a hearing under RSA 676:4-a to revoke the approval.
CONDITIONS SUBSEQUENT:
- Sprinkler systems shall be installed, inspected, tested and approved by the New Boston Board of Fire Wards or their designee before the occupancy of any dwelling in the approved subdivision, in accordance with Chapter NB-5.0 of the Town of New Boston Building Code before the occupancy of any dwelling in the approved subdivision.
- No Certificates of Occupancy shall be issued until the sprinkler systems are installed, inspected, tested and approved by the New Boston Board of Fire Wards or their designee, in accordance with Chapter NB-5.0 of the Town of New Boston Building Code, and the driveways are installed and approved by the Road Agent and the Planning Board. Additionally, no Certificates of Occupancy will be issued for the lots fronting on Lull Road until the road improvements are completed according to the approved plan.
- Completion of the off-site road improvements on Lull Road according to the approved plan.
The deadline for complying with condition subsequent #3 shall be June 26, 2010, the confirmation of which shall be determined at a compliance hearing to be held on the application. Conditions #1 & 2 will be ongoing.
- I MOVE to accept the Conditional Use Permit application as complete, and to grant the Conditional Use Permit and approve the plans of Albert & Carol LaChance to effect one (1) wetland crossing on N.H. Route 77, known as Tax Map/Lot #2/112-2, as the four conditions for granting the Permit have been found to exist, subject to the following conditions:
CONDITIONS PRECEDENT:
Submission of the financial security for the wetland crossing installation in the amount of $54.800.00 and in the form of cash. The deadline for complying with the conditions precedent shall be June 26, 2010, the confirmation of which shall be an administrative act, not requiring further action by the Board. Should the conditions to approval not be fulfilled by the deadline date, and a written request for extension is not submitted prior to that date, the applicant is hereby put on notice that the Planning Board mayconvene a hearing under RSA 676:4-a to revoke the approval.
CONDITIONS SUBSEQUENT:
Completion of the site improvements as related to the one (1) wetland crossing, as shown on the approved construction design plan. The financial security shall not be released until the site has been inspected upon notification to the Planning Department by the applicants that the project has been completed, and a compliance hearing is held and confirms that the project has been satisfactorily completed by no later than June 26, 2010.