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Martin/Garretson 07/25/2006

July 26, 2006
 
Right Way Builders
Rick Martin
99 Tenney Hill Road
Dunbarton, NH 03046
                                                
RE: NOTICE OF DECISION
 
File No. 2004-019
 
NOTICE OF DECISION - Conditional Approval
 
Planning Board, Town of New Boston
 
You are hereby notified that the Application for Major Subdivision for the Subdivision Plat, lands of Right Way Builders, Inc., and Donald E. Garretson, Trustee, Tax Map 5 Lots 50 and 52, Beard Road, for the subdivision of 15 new lots, in the Town of New Boston, has received conditional approval by majority vote of the members of the Planning Board on July 25, 2006, on the motion(s):
 
-       I MOVE to approve the Subdivision Plat, lands of Right Way Builders, Inc., and Donald E. Garretson, Trustee, Tax Map 5 Lots 50 and 52, Beard Road, for the subdivision of 15 new lots, subject to:
 
CONDITIONS PRECEDENT:
  1. Submission of a minimum of five (5) blue/blackline copies of the revised plat,  including all checklist corrections and any corrections as noted at this hearing, and   including Individual Stormwater Management Plans.
  2. Submission of a suitable mylar for recording at the HCRD.
  3. Digital plat data shall be submitted per Subdivision Regulations Section IV-F, 3.
  4. Receipt of Stantec Consulting Services, Inc.'s approval of the road plans and profiles.
  5. Submission of the language of the form of the security for review and approval by Town Counsel, the cost of which review shall be borne by the applicant.
  6. Submission of the security, in the amount of $1,091,622.15 and in the form of bond, for the construction of Pasture Lane and installation of the 10,000 gallon cistern as shown on the approved plans and profiles.
  7. Submission of the estimated construction inspection fees regarding the construction of Pasture Lane in the amount of $44,000. A mandatory pre-construction meeting is required to be held with the developer/agent, road contractor, Town's Road Agent, and representatives of the Planning Board and Board of Selectmen, as well as the Town's consulting engineer, prior to the start of the road construction project.
  8. Submission of $3,500.00 for the cistern construction inspection (if this is not included in Stantec's construction inspection estimate.)
  9. Submission of the off-site improvement fees according to the Town of New Boston's off-site road improvement formula in an amount to be determined by the Board of Selectmen.
  10. Submission of bond for ISWMP’s as submitted by Sanford Surveying & Engineering.
  11. Receipt of revised Quitclaim Deed for Pasture Lane, Fire Fighting Water Supply Cistern Lot, and Slope and Drainage Easements, and Quitclaim Deed for "Conservation Lot" that include review comments by Town Counsel.
  12. Execution of a Subdivision Agreement regarding the conditions subsequent.
  13. Payment of any outstanding fees related to the subdivision application and/or the recording of documents with the HCRD (if necessary).
  14. Upon completion of the conditions precedent, the final plans and mylar shall be signed by the Board and forwarded for recording at the HCRD.
The deadline date for compliance with the conditions precedent shall be November 1, 2006, 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 mayconvene a hearing under RSA 676:4-a to revoke the approval.
 
CONDITIONS SUBSEQUENT:
  1. Prior to the start of any construction on-site or the issuance of any building permits, the applicant must submit of a Voluntary Merger for Lots #5/50 & 52; an executed Declaration of Covenants and Restrictions regarding sprinkler systems; an executed Quitclaim Deed for Pasture Lane, Fire Fighting Water Supply Cistern Lot, and Slope and Drainage Easements; and an executed Quitclaim Deed for the "Conservation Lot". The cost of recording any of the Deeds and other legal documents at the HCRD shall be borne by the applicant.
  2. 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 dwellings on those lots.
  3. A 10,000 gallon underground fiberglass cistern shall be installed per the approved design plans and inspected in accordance with the Job Inspection Sheet by the Town's consulting engineer, on the lot described as the Fire Fighting Water Supply Cistern Lot on Pasture Lane.
  4. Pasture Lane is to be constructed in accordance with the Application for Inspection and in accordance with the approved plans and profiles. After the base (binder) course of pavement is approved by the Road Agent/town's engineer, the developer will allow the road to set over one winter, during which time the developer will be liable for the roads, including, but not limited to, winter maintenance thereof. The wearing (finish) course of pavement shall be applied no later than one (1) year from the date of application of the binder course.  
The Application for Inspection must be turned into the Planning Department after the road is 100% complete, in order to initiate final inspection and acceptance of the road, and the release of the security for same after a compliance inspection and hearing is held.
 
        5. Driveway locations shall be approved at sub-grade and driveways shall be installed through binder to the satisfaction of the Road Agent/town engineer and in conformance with the Application for                      Inspection and approved driveway permits.  
        6. Per Subdivision Regulations Section V-S, 1, J), As-Built plans showing the final location of any slope/drainage easement areas, and driveways, and the final road construction details, in the form of                    three paper print copies and one electronic file, certified by the applicant's engineer that the layout of the line and grade of all public improvements is in accordance with the approved construction                      plans of the subdivision, shall be submitted for review by the Town's consulting engineer, prior to the issuance of any Certificates of Occupancy within the subdivision.
        7. Submission of a Certificate of Bounds Set, and the appropriate fee for recording same with the HCRD.
        8. The applicant shall install road identification sign(s) and stop sign(s) to the satisfaction of the Road Agent.
        9. Driveway permits must be approved for completed acceptable installation by the Road Agent and Planning Board prior to the issuance of any Certificates of Occupancy (CO's) for the related lots.
      10. 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 and the driveways are                installed and approved by the Road Agent and the Planning Board and the road is installed through binder pavement and the road identification sign(s) and stop sign(s) are installed to the satisfaction                of the Road Agent/town's engineer, guard rails are installed, if necessary, and the As-Built plans have been reviewed and approved by the town's engineer.
      11. Payment of any outstanding fees related to the subdivision application and/or the recording of documents with the HCRD.
        
The deadline for complying with the conditions subsequent shall be September 1, 2008, the confirmation of which shall be determined at a compliance hearing to be held on the application. Prior to the acceptance of the completed road by the Town, an acceptable two year maintenance bond must be submitted by the applicant for the road in the amount of 10% of the performance bond value. Said maintenance bond must include the amount of 10% of the amount of the bond for the 10,000 gallon cistern.
 
NOTICE OF DECISION - Conditional Approval
 
Planning Board, Town of New Boston
 
You are hereby notified that the Application for Major Subdivision for the Subdivision Plat, lands of Right Way Builders, Inc., and Donald E. Garretson, Trustee, Tax Map 5 Lots 50 and 52, Beard Road, for the subdivision of 15 new lots, in the Town of New Boston, has received conditional approval by majority vote of the members of the Planning Board on July 25, 2006, on the motion(s):
 
-       I MOVE to approve the Subdivision Plat, lands of Right Way Builders, Inc., and Donald E. Garretson, Trustee, Tax Map 5 Lots 50 and 52, Beard Road, for the subdivision of 15 new lots, subject to:

CONDITIONS PRECEDENT:
  1. Submission of a minimum of five (5) blue/blackline copies of the revised plat,  including all checklist corrections and any corrections as noted at this hearing, and   including Individual Stormwater Management Plans.
  2. Submission of a suitable mylar for recording at the HCRD.
  3. Digital plat data shall be submitted per Subdivision Regulations Section IV-F, 3.
  4. Receipt of Stantec Consulting Services, Inc.'s approval of the road plans and profiles.
  5. Submission of the language of the form of the security for review and approval by Town Counsel, the cost of which review shall be borne by the applicant.
  6. Submission of the security, in the amount of $1,091,622.15 and in the form of bond, for the construction of Pasture Lane and installation of the 10,000 gallon cistern as shown on the approved plans and profiles.
  7. Submission of the estimated construction inspection fees regarding the construction of Pasture Lane in the amount of $44,000. A mandatory pre-construction meeting is required to be held with the developer/agent, road contractor, Town's Road Agent, and representatives of the Planning Board and Board of Selectmen, as well as the Town's consulting engineer, prior to the start of the road construction project.
  8. Submission of $3,500.00 for the cistern construction inspection (if this is not included in Stantec's construction inspection estimate.)
  9. Submission of the off-site improvement fees according to the Town of New Boston's off-site road improvement formula in an amount to be determined by the Board of Selectmen.
  10. Submission of bond for ISWMP’s as submitted by Sanford Surveying & Engineering.
  11. Receipt of revised Quitclaim Deed for Pasture Lane, Fire Fighting Water Supply Cistern Lot, and Slope and Drainage Easements, and Quitclaim Deed for "Conservation Lot" that include review comments by Town Counsel.
  12. Execution of a Subdivision Agreement regarding the conditions subsequent.
  13. Payment of any outstanding fees related to the subdivision application and/or the recording of documents with the HCRD (if necessary).
  14. Upon completion of the conditions precedent, the final plans and mylar shall be signed by the Board and forwarded for recording at the HCRD.
The deadline date for compliance with the conditions precedent shall be November 1, 2006, 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 mayconvene a hearing under RSA 676:4-a to revoke the approval.

CONDITIONS SUBSEQUENT:
  1. Prior to the start of any construction on-site or the issuance of any building permits, the applicant must submit of a Voluntary Merger for Lots #5/50 & 52; an executed Declaration of Covenants and Restrictions regarding sprinkler systems; an executed Quitclaim Deed for Pasture Lane, Fire Fighting Water Supply Cistern Lot, and Slope and Drainage Easements; and an executed Quitclaim Deed for the "Conservation Lot".  The cost of recording any of the Deeds and other legal documents at the HCRD shall be borne by the applicant.
  2. 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 dwellings on those lots.
  3. A 10,000 gallon underground fiberglass cistern shall be installed per the approved design plans and inspected in accordance with the Job Inspection Sheet by the Town's consulting engineer, on the lot described as the Fire Fighting Water Supply Cistern Lot on Pasture Lane.
  4. Pasture Lane is to be constructed in accordance with the Application for Inspection and in accordance with the approved plans and profiles. After the base (binder) course of pavement is approved by the Road Agent/town's engineer, the developer will allow the road to set over one winter, during which time the developer will be liable for the roads, including, but not limited to, winter maintenance thereof. The wearing (finish) course of pavement shall be applied no later than one (1) year from the date of application of the binder course.
NOTICE OF DECISION - Conditional Approval
 
The Application for Inspection must be turned into the Planning Department after the road is 100% complete, in order to initiate final inspection and acceptance of the road, and the release of the security for same after a compliance inspection and hearing is held.
        
       5. Driveway locations shall be approved at sub-grade and driveways shall be installed through binder to the satisfaction of the Road Agent/town engineer and in conformance with the Application for  Inspection and approved driveway permits.  
        6. Per Subdivision Regulations Section V-S, 1, J), As-Built plans showing the final location of any slope/drainage easement areas, and driveways, and the final road construction details, in the form of three paper print copies and one electronic file, certified by the applicant's engineer that the layout of the line and grade of all public improvements is in accordance with the approved construction plans of the subdivision, shall be submitted for review by the Town's consulting engineer, prior to the issuance of any Certificates of Occupancy within the subdivision.
        7. Submission of a Certificate of Bounds Set, and the appropriate fee for recording same with the HCRD.
        8. The applicant shall install road identification sign(s) and stop sign(s) to the satisfaction of the Road Agent.
        9. Driveway permits must be approved for completed acceptable installation by the Road Agent and Planning Board prior to the issuance of any Certificates of Occupancy (CO's) for the related lots.
       10. 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 and the driveways are installed and approved by the Road Agent and the Planning Board and the road is installed through binder pavement and the road identification sign(s) and stop sign(s) are installed to the satisfaction of the Road     
                        
Agent/town's engineer, guard rails are installed, if necessary, and the As-Built plans have been reviewed and approved by the town's engineer.
 
  1. Payment of any outstanding fees related to the subdivision application and/or the recording of documents with the HCRD.
The deadline for complying with the conditions subsequent shall be September 1, 2008, the confirmation of which shall be determined at a compliance hearing to be held on the application. Prior to the acceptance of the completed road by the Town, an acceptable two year maintenance bond must be submitted by the applicant for the road in the amount of  10% of the performance bond value. Said maintenance bond must include the amount of 10% of the amount of the bond for the 10,000 gallon cistern.