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SHB Properies 01/24/2007

January 24, 2007
 
SHB Properties, LLC
C/o Tom Sauser
46 Riddle Road
Bedford, NH 03110
 
File No. 2006-013
 
NOTICE OF DECISION - Conditional Approval
 
Planning Board, Town of New Boston
 
You are hereby notified that the Subdivision Plan, SHB Properties, LLC, Tax Map/Lot #12/65, Bedford, Pulpit and Campbell Pond Roads, for the subdivision of 7 new lots in the Town of New Boston, has received conditional approval by majority vote of the members of the Planning Board on January 23, 2007, on the motion(s):
 
-       I MOVE to approve the Subdivision Plan, SHB Properties, LLC, Tax Map/Lot #12/65, Bedford, Pulpit and Campbell Pond Roads, for the subdivision of 7 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.
  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. Submission of legal documents regarding the conveyance of land from the Ciarla's and the Town of New Boston to the Browns.
  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 $234,590.95 and in the form of a letter of credit, for the construction of Pulpit Road as shown on the approved plans and profiles.
  7. Submission of the estimated construction inspection fees regarding the construction of Pulpit Road in the amount of $30,210.00. 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. Receipt of approval of revised Warranty Deed for Pulpit Road, Slope and Drainage Easements, Declaration of Covenants and Restrictions and Detention Basin #2 Maintenance Easement by Town Counsel.
  9. Execution of a Subdivision Agreement regarding the conditions subsequent.
  10. Payment of any outstanding fees related to the subdivision application and/or the recording of documents with the HCRD (if necessary).
  11. 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 April 23, 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:
  1. Prior to the start of any construction on-site or the issuance of any building permits, the applicant must submit an executed Declaration of Covenants and Restrictions regarding sprinkler systems; an executed Warranty Deed for Pulpit Road, and executed Slope and Drainage Easements. 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. Pulpit 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.
  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 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.
  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 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.
  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 January 23, 2009, 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 SHB Properties, LLC, to effect two (2) wetland crossings on property on Pulpit Road, known as Tax M/L #12/65-5 & 6 as the four conditions for granting the Permit have been found to exist, subject to the following conditions. The Board wishes to note that the wetland crossing on Lot #12/65-8 was designed to qualify the lot for subdivision purposes only and is not intended to be constructed at any time.
        
CONDITIONS PRECEDENT:
Submission of the financial security in the amount specified in the bond to be submitted in #6 of the Conditions Precedent above, and in the form of a letter of credit. 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 date for compliance with the conditions precedent shall be April 23, 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:
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 23, 2009.