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Shaky Pond 01/16/2009

January 16, 2009
 
Shaky Pond Development, LLC
c/o Al Bell
281 East Road
Francestown, NH 03043
 
File No. 2008-008
 
NOTICE OF DECISION - Conditional Approval
 
Planning Board, Town of New Boston
 
You are hereby notified that the Subdivision Plan Application, Prepared for Shaky Pond
Development, LLC, Tax Map/Lot #15/15, Susan Road, for the subdivision of 17 lots with one
conservation lot, in the Town of New Boston, has received conditional approval by majority vote
of the members of the Planning Board on January 13, 2009, on the motion(s):
 
-       I MOVE to approve the Subdivision Plan, Prepared for Shaky Pond Development, LLC, Tax Map/Lot #15/15, Susan Road, for the subdivision of 17 lots with one conservation lot, 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 and the cistern design plans.
  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 determined by Northpoint Engineering, based on the applicant’s bond estimate form and in the form of letter of credit, for the construction of Shaky Pond  Lane as shown on the approved plans and profiles.
  7. Submission of the estimated construction inspection fees regarding the construction of Shaky Pond Lane  in the amount determined by Northpoint Engineering. 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 Fire Inspector/Fire Wards and the Town's consulting engineer, prior to the start of the road and cistern construction project.
  8. Submission of a performance bond for the construction of the cistern per Subdivision Regulations Section IX-I, a), 5, d.
  9. Submission of $3,500.00 for the cistern construction inspection (if this is not included in Northpoint's construction inspection estimate.)
  10. Submission of the off-site improvement fees according to the Town of New Boston's off-site road improvement formula in the amount of $10,000.00.
  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.
  14. Approved Pre-Engineered Individual Stormwater Management Plans may be resubmitted as the final  Individual Stormwater Management Plans at the time of application for a building permit provided the builder complies with those plans. If critical areas are to be disturbed beyond those shown on the Pre-Engineered Individual Stormwater Management Plans, revised Individual Stormwater Management Plans shall be prepared and submitted for approval. If the Pre-Engineered Stormwater Management Plans are not to be used at the time of application for a building permit new Individual Stormwater Management Plans shall be submitted for approval. In any event, the bonds for the Individual Stormwater Management Plans must be submitted prior to issuance of a building permit.
The deadline date for compliance with the conditions precedent shall be January 13, 2010, 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. A 30,000 gallon underground precast cistern shall be installed per the approved design plans and inspected in accordance with the Job Inspection Sheet by the Town's consulting engineer. The cistern shall be approved by the New Boston Board of Fire Wards and the Town's consulting engineer before the occupancy of any dwelling in the approved subdivision.
  3. Shaky Pond 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.
  4. 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.  
  5. Per Subdivision Regulations Section V-S, 1, J), As-Built plans shall be submitted for review by the Town's consulting engineer after all infrastructure improvements have been completed and at least the binder course of pavement has been placed.
  6. Submission of an executed Warranty Deed for Shaky Pond Lane, Cistern Easement Deed, Slope and Easement Deed for Shaky Pond Lane, Declaration of Protective Covenants and Declaration of Covenants regarding sprinkler systems, and Declaration of Common Driveway Easement and Maintenance Agreement. The cost of recording any of the Deeds and other legal documents at the HCRD shall be borne by the applicant.
  7. Submission of an executed Conservation Easement Deed for Lot #15/15. The cost of recording the Deed at the HCRD shall be borne by the applicant.
  8. Submission of a Certificate of Bounds Set, and the appropriate fee for recording same with the HCRD.
  9. The applicant shall install road identification sign(s) and stop sign(s) to the satisfaction of the Road Agent.
  10. 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.
  11. 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, the cistern has been installed, inspected and approved by the town's consulting engineer and tested satisfactorily 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, Shaky Pond Lane and Susan Road (as well as the off-site section of Susan Road [previously named Smith 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.         
  12. 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 January 13, 2011, 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;
 
-       I MOVE to accept the application as complete, and to grant the Conditional Use Permit and approve the plans of Shaky Pond Development, LLC, to effect two wetland crossings on property on Shaky Pond Lane, known as Tax Map/Lot #15/15 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.
3. Upon completion of the conditions precedent and the conditions precedent as listed above for the subdivision approval, the final subdivision plans and mylar shall be signed by the Board and forwarded  for recording at the HCRD.
 
The deadline for complying with the conditions precedent shall be January 13, 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 may convene a hearing under RSA 676:4-a to revoke the approval.
 
CONDITIONS SUBSEQUENT:
1. Completion of the site improvements as related to the wetland crossings, 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 January 13, 2011.