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Planning board clarifies surety rules for Bernice Street subdivision; allows staged work with reclamation bond
Summary
The board agreed that developer may begin on‑lot road and utility construction under RSA 674:36 with a site‑restoration (reclamation) surety, and that a full bond for remaining public‑road/utility work must be in place prior to selling lots or issuing building permits.
The Hooksett Planning Board clarified how the 2023 amendment to RSA 674:36 affects surety requirements for a previously approved 27‑lot subdivision on Bernice Street (Map 6, Lot 114). The board resolved that the applicant may start certain on‑lot earthwork and utility installation after posting a site‑restoration (reclamation) surety; a full construction bond for public roads and utilities will still be required before any lot sales or building permits are issued.
Background: The subdivision was approved in March 2020 and subsequently recorded following settlement of litigation. Town staff and the applicant’s counsel and engineer described how a 2023 statutory change (RSA 674:36, paragraph 4) allows road and utility construction to begin without a full bond, provided a bond is posted before lot sale or issuance of building permits. The applicant, through counsel Patricia Pansiocco and engineer Doug Maguire, asked the board to clarify the planning‑board notice of decision so town practice and the amended RSA aligned.
Board action: After discussion and public comment, including concerns about emergency egress and buffers from abutting properties, the board voted to amend the notice of decision to permit staged construction under the following structure: the applicant may commence on‑lot earthwork and infrastructure work (private‑property improvements) after posting a reclamation surety (amount to be reviewed and approved by the town engineer); any work in existing town rights‑of‑way or work that will make lots buildable must be fully bonded prior to the start of that public‑way work and before building permits for lots are issued. Inspection escrows and inspection protocols will remain in place.
Why it matters: The board framed the clarification as a recognition of statutory change while preserving municipal safeguards. Several residents attending the hearing asked about buffers, emergency access and the condition of existing easements; the board and applicant explained the approved plan retains separation between new lots and Webster Woods properties and that previously discussed emergency egress options were considered and not required under local regulations.
Formal motion and outcome: The board moved to accept that paragraph 4 of RSA 674:36 allows staged work subject to the posting of a reclamation surety prior to on‑lot construction, and that full bonding for public‑way work must be secured before building permits are issued. The motion passed on roll call; all members present voted in favor.
Implementation and next steps: The applicant will coordinate bond and escrow amounts with Town Engineer Bruce Thomas, provide the required inspection escrow funds, and return to the town engineer for approval of bond amounts when the project reaches the trigger points (e.g., before binder pavement or public‑way work). The board’s clarification will be reflected in a revised notice of decision recorded with the project file.
Sources: Remarks and presentation by Patricia Pansiocco (attorney) and Doug Maguire (project engineer), public comments, and staff reports at the Hooksett Planning Board meeting on May 5. The board referenced RSA 674:36 during deliberations.
