Planning board allows phased work on Bernice Street subdivision; clarifies bond rules under RSA 674:36

The Hooksett Planning Board on May 5 clarified how surety will be handled for the previously approved Bernice Street subdivision, allowing work on private parcels to proceed with a reclamation (site-restoration) surety while requiring full bonding for roads and utilities before building permits or work in the public right-of-way.

Attorney Patricia Pansiaco and project engineer Doug Maguire told the board the 27-lot project was approved in 2020, then appealed and litigated; the approval remains recorded. The applicant asked the board to apply the changes in RSA 674:36 — a state statute that lets a subdivision’s road and utility construction begin without a full bond in some circumstances — so that the developer would not have to post a full project bond before doing earthwork on private property within the approved subdivision.

Town staff and legal counsel reviewed the statute and advised the board that paragraph 4 of RSA 674:36 pertains to bonds specifically and that the planning board may still require some form of surety (for example a reclamation bond or escrow for inspections) before any work begins. Staff recommended preserving the board’s ability to require a form of surety but to allow the staged approach the applicant requested.

Engineer Doug Maguire explained the practical benefit: the developer could perform initial earthwork, drainage and graveling on lots using a reclamation bond and an inspection escrow, and later post a full bond for remaining public-road and utility work when the developer seeks building permits. Maguire said the sequence protects the town because a full bond would be required before lots could be sold or building permits issued.

After discussion the board approved a motion that effectively clarifies the earlier notice of decision: work within the physical limits of the applicant’s private property may begin after the applicant posts a reclamation/restoration surety and inspection escrow acceptable to the town engineer; any work in the public right-of-way must be bonded in full before it begins; and a full bond for remaining public improvements must be posted before building permits may be issued. The board’s motion noted that the statute allows a phased approach and directed staff to document the plan and required surety procedures.

The vote to adopt the clarification was unanimous. Board members emphasized the town engineer’s role in reviewing and setting bond amounts and the importance of inspection escrows to protect the town and neighbors if construction stops partway through.

The board asked the applicant to coordinate closely with the town engineer (Bruce Thomas) on bond amounts and inspection escrow levels and to provide documentation that the portion of Bernice Street intended to be improved in the public way will be bonded prior to any work there.