1. Imposition of Conditions Daniel D. Crean, Pembroke, New Hampshire
International Municipal Lawyers Association New England Regional Land Use CLE
June 22, Work Session 11
Imposition of Conditions
Enforcing Conditions
Daniel D. Crean, Pembroke, New Hampshire

2. Topics for this work session
Work Session 8 addresses the manner in which conditions may be imposed, generally, and with specific reference to certain concerns.
Mike Donahue & Chris Boldt will address issues they have encountered.
Dan Crean will address use of developer improvement agreements and surety for performance and developer “promises.”

3. Developer Improvement Agreement
The sample in the materials is a sample – not a model
Purpose is to:
ID what is to be done and when it must be done
Easier to understand and read if it is not in land use board minutes or in hastily written notice of decision.
Form basis for issuing and drawing on surety, nature of which is to secure performance of a contract – so there should be a contract.
Place a degree on certainty into decision, albeit after the fact.

4. What about developer promises?
Though not an ideal method for enforcement, there is some justification (New Ipswich case in materials) for being able to enforce what developer says during proceedings. Queries:
If it’s important enough, why not included in motion?
Distinguishing between mere “puffery” and something that lies at core of why project approved.

5. Helping to craft a notice of decision
Suggest that Land Use Boards understand their importance.
Suggest that requests for findings can be more than annoyance.
Suggest that use of application and supporting materials in file may help.
Finally, be a good parent to the board and instill some patience:
THE DECISION DOES NOT HAVE TO BE MADE TONIGHT!

6. Questions, Comments, Concerns
Thank You
Questions, Comments, Concerns
Contact:
Attorney Daniel Crean
Crean Law Office
Pembroke, NH 03275