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One Chestnut Hill Development, LLC 07/11/2007

July 11, 2007
 
One Chestnut Hill Development, LLC
281 East Road
Francestown, NH 03043
                                                       
File No. 2006-023
 
NOTICE OF DECISION - Conditional Approval
 
Planning Board, Town of New Boston
 
You are hereby notified that the Application Subdivision Plan, Prepared for One Chestnut Hill Development, LLC, Tax Map/Lot #12/93-38, Susan Road, for the subdivision of 8 lots, in the Town of New Boston, has received conditional approval by majority vote of the members of the Planning Board on July 10, 2007, on the motion(s):
 
- I MOVE to approve Subdivision Plan, Prepared for One Chestnut Hill Development, LLC, Tax Map/Lot #12/93-38, Susan Road, for the subdivision of 8 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 Northpoint Engineering, LLC'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 $311,086.35 and in the form of letter of credit, for the construction of Susan Road as shown on the approved plans and profiles.
     
  7. Submission of the estimated construction inspection fees regarding the construction of Indian Falls Road in the amount of $28,260. 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. The security for the ISWMP in the amount of $2,626.25 for Lot #12/93-43 will be submitted at the time a building permit is pulled for that lot in accordance with the Town of New Boston regulations.
     
  9. Submission of the off-site improvement fees according to the Town of New Boston's off-site road improvement formula in the amount of $4,656.
     
  10. Receipt of revised Warranty Deed for Susan Road, Slope and Drainage Easements, Declaration of Covenants and Restrictions regarding sprinkler systems that include review comments by Town Counsel.
     
  11. Execution of a Subdivision Agreement regarding the conditions subsequent.
     
  12. Payment of any outstanding fees related to the subdivision application and/or the recording of documents with the HCRD (if necessary).
     
  13. 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 January 10, 2008, 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:
 
  1. 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.
     
  2. Susan Road 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.
     
  3. 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.
     
  4. 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.
     
  5. Submission of an executed Warranty Deed for Susan Road, Slope and Drainage Easements, Declaration of Covenants and Restrictions regarding sprinkler systems. The cost of recording any of the Deeds and other legal documents at the HCRD shall be borne by the applicant
     
  6. Submission of a Certificate of Bounds Set, and the appropriate fee for recording same with the HCRD.
     
  7. The applicant shall install road identification sign(s) and stop sign(s) to the satisfaction of the Road Agent.
     
  8. 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.
     
  9.  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 subdivision roads, Susan Road (as well as the off-site section of Susan Road and Indian Falls Road) are 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.
     
  10. 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 July 10, 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.
 
AND;
 
The Board could consider MOVING to accept the application as complete, and to grant the Conditional Use Permit and approve the plans of One Chestnut Hill Development, LLC, to effect one wetland crossing on property on Susan Road, known as Tax Map/Lot #12/93-38 as the four conditions for granting the Permit have been found to exist, subject to the following conditions:
   
CONDITIONS PRECEDENT:
 
  1. Submission of the financial security for the installation as included in the road bond to be submitted as Condition Precedent #6 of the subdivision approval above.
     
  2. Submission of revised plans to include any checklist corrections and any revisions to the site plan as decided by the Board at the hearing.
The deadline for complying with the conditions precedent shall be January 10, 2008, 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, an administrative NOTICE OF DENIAL shall be issued without further action of the Board being necessary.
 
CONDITIONS SUBSEQUENT:
 
  1. Completion of the site improvements as related to the 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 applicant 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 July 10, 2008.