Wilson/Twin Bridge Mgnt 11/28/2007
November 28, 2007
Clifton A. Wilson
301 SW 66th Terrace
Margate, FL 33068
Twin Bridge Management, LLC,
PO Box 60
New Boston, NH 03070
File No. 2007-013
NOTICE OF DECISION - Conditional Approval
Planning Board, Town of New Boston
You are hereby notified that the Application for Subdivision Plan of land of Clifton Wilson, prepared for Twin Bridge Land Management, LLC, Tax Map 2 Lot 62 and Tax Map 3 Lot 3, Twin Bridge Road, for the consolidation of Tax Map/Lot #2/62 & 3/3 and the subsequent subdivision of 22 new lots with one remainder lot, in the Town of New Boston, has received conditional approval by majority vote of the members of the Planning Board on November 27, 2007, on the motion(s):
- I MOVE to approve the Subdivision Plan of land of Clifton Wilson, prepared for Twin Bridge Land Management, LLC, Tax Map 2 Lot 62 and Tax Map 3 Lot 3, Twin Bridge Road, for the consolidation of Tax Map/Lot #2/62 & 3/3 and the subsequent subdivision of 22 new lots with one remainder 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.
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 $299,607.55 and in the form of letter of credit, for the construction of Page Lane as shown on the approved plans and profiles.
7. Submission of the estimated construction inspection fees regarding the construction of Page Lane in the amount of $31,410.00. 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. Submission of the off-site improvement fees in the amount of $19,200.00.
9. Approval of the language of the Declaration of Covenants and Restrictions, Warranty Deed and Slope and Drainage Easement by Town Counsel, the cost of which shall be borne by the applicant.
10. Submission of executed Declaration of Covenants and Restrictions regarding sprinkler systems. The cost of recording at the HCRD shall be borne by the applicant.
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 February 29, 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 mayconvene 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 dwellings on Lots #2/62, 2/62-22 & 2/62-23.
2. Page 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.
3. Driveway locations for lots on Page Lane 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 Northpoint Engineering, LLC, prior to the issuance of any Certificates of Occupancy within the subdivision.
5. Submission of executed Deeds of Easement to the Town of New Boston for any slope and/or drainage easement areas identified on the plans. The cost of recording at the HCRD shall be borne by the applicant.
6. Submission of executed Warranty Deed for Page Lane. Payment of recording fees at HCRD shall be made by the applicant.
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 (for Lots #2/62, 2/62-22 & 2/62-23) 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 December 01, 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.
- I MOVE to accept the Conditional Use Permit application as complete, and to grant the Conditional Use Permit and approve the plans of Twin Bridge Land Management, LLC, to effect two (2) wetland crossings on land of Clifton Wilson at approximate sta. 9+50 for Page Lane construction and on Lot #2/62-14 for driveway construction, 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 as part of the total amount of the bond as noted in Condition Precedent #6 in the Board's motion to approve the subdivision of Tax Map/Lot #2/62 & 3/3.
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 for complying with the conditions precedent shall be February 29, 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, 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 two (2) wetland crossings, as shown on the approved construction design plan.
The financial security shall not be released and no Certificates of Occupancy for Lots on Page Lane or Lot #2/62-14 shall be issued 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 December 01, 2009.