HomeMy WebLinkAbout[04] DA Amendment, Ehlert ,41/L49,10,--,--A/\.
TOWNSHIP OF CITY OF ST.JOSEPH
SAINT JOSEPH PO BOX 668
PO BOX 585 St.Joseph MN 56374
St.Joseph MN 56374 320-363-7201
320-363-N 25
56 Jweyrens@cityofstjoseph.com
MEETING DATE: December 13,2016
AGENDA ITEM: Development Agreement Amendment
CLC Partners
BACKGROUND INFORMATION: In 2016 the JPB approved the execution of a Development
Agreement between the Joint Planning Board and CLC Partners for the development of River Ridge
Estates,a single family housing development. The DA included a provision that the first lift of pavement
be completed no later than September 2016. Since that has not been completed the Board should consider
an amendment extending the date. The developer is seeking to change the requirement to June 30,2017.
As a reminder the final lift is completed after a freeze thaw period, so the final lift will be changed to
2018.
ATTACHED INFORMATION: Request for Action
Development Agreement
REQUESTED ACTION: Provide direction on the date for completion.
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SUBDIVISION AGREEMENT
FOR
River Ridge Estates
f
THIS AGREEMENT IS MADE AND ENTERED INTO this ) day of ,`��'r' l ,2016,by
and between the St. Joseph Joint Planning Board,a public body pursuant to Statutes 414.0
325,
hereinafter referred to as"JPB"and CLC Partners, LLC,a Minnesota Limited Liability Corporation,
hereinafter referred to as"Developer".
WITNESSETH:
WHEREAS,on November 18,2014,the JPB conducted a public hearing to consider the request of the
Developer to rezone the property legally described in Exhibit A from the current Urban
Expansion(UE)to Residential 10;and
WHEREAS,on November 18,2014,the JPB extended the 60 day land use requirement an additional
60 days tabling further discussion on the rezoning of said property;and
WHEREAS,on January 5,2015,acting on the recommendation of the JPB,the St. Joseph City Council
and the St.Joseph Town Board approved the rezoning request to allow a seventeen lot(sixteen
residential lots and one outlot)subdivision entitled River Ridge Estates; and
WHEREAS,on August 11,2015,the JPB conducted a public hearing to consider the preliminary plat
for River Ridge Estates; and
WHEREAS,the conditions of approval of said plat are stated in this agreement;and
WHEREAS,the Developer is providing assurances herein to induce the JPB to provide the final plat
approval; and
WHEREAS,the JPB has the power and right to enter into this Agreement to approve the final plat of
the subdivision known as River Ridge Estates;and
WHEREAS,the purpose of this Agreement is to define the rights and obligations of the Developer
with respect to the final approval,by the JPB,of the subdivision known as River Ridge Estates.
NOW THEREFORE,in consideration of the mutual promises and agreements contained herein,the
parties do agree as follows:
1.0 REQUEST AND CONDITIONS OF PLAT APPROVAL
1.1 Request for Plat Approval.The Developer has asked the JPB to grant final plat approval
for a residential subdivision entitled River Ridge Estates. The legal description for the
land is described in Exhibit A.
1.2 Conditions for Approval.The JPB hereby grants final approval of the plat subject to the
conditions that the Developer enters into this Agreement, furnish the security in a form
acceptable as required by various provisions of this agreement,and record the plat with
the County Recorder within 30 days after the JPB approves the plat.
1.3 Ghost Plat: The JPB has required the developer to include a ghost plat to facilitate the
conversion of the Rivers Bend Plat to urban development after annexation. The future
lots illustrated on Exhibit B must remain open space and no structure or driveway shall
be constructed within that area.
2.0 RIGHT TO PROCEED
The Developer may not grade or otherwise disturb the earth,remove trees,construct private or
public improvements,or any buildings,until all the following conditions have been satisfied: (1)this
Agreement has been fully executed by both parties an files with the JPB Board;(2)the necessary
security has been received by the JPB;(3)the plat and this Agreement have been recorded with the
Stearns County Recorder's Office or acknowledgement has been received that the plat is in the process
of being recorded;(4)the JPB has issued a letter that all conditions have been satisfied and the
Developer may proceed.
3.0 DEVELOPER REQUIREMENTS
3.1 Sewage Treatment
a. Declaration of Restrictions. In order to protect the two Individual Soil Treatment
System(ISTS)areas on each lot for sewage treatment use,the ISTS sites shall be
protected and maintained in an undisturbed and natural state.
b. Designation on Preliminary Plat. The two ISTS areas on each lot shall be
designated on the preliminary plat,and staked/fenced-off and protected in the
field prior to any ground disturbing activity.
3.2 Wetlands.The developer shall be allowed the deminimus exemption found in
Minnesota Rules 8420.0420, subpart 98; or successor rules shall not be used for the
purposes of draining or filling wetlands located within said plat.All wetlands within the
plat will require a 25' building setback.
a. Notwithstanding anything in this Agreement to the contrary,the Developer shall be
responsible for all wetland mitigation which is required for construction of any of
the public and private improvements. Developer will complete and pay for all
permitting costs,including monitoring as required by the permit,credit purchases,
and/or other mitigation costs which may be involved. The JPB may,however,take
action to minimize charges or costs to the JPB in the event the Developer fails to
obtain all permits and complete all mitigation which may be necessary for the
construction of the public and private improvements.
b. Ingress and egress access to the Sauk River through the floodplain and wetland shall
be limited to a dock or boardwalk-type structure and shall comply with the Wetland
Conservation Act and Section 10.1 of Stearns County Land Use and Zoning
Ordinance#439, or successor ordinance.
c. A portion of the plat contains floodway areas as shown on Exhibit C.All activities
within the floodway shall be in compliance with Section 10.1.7 of Stearns County
Land Use and Zoning Ordinance#439, or successor ordinance.
3.3 Construction Site Management. Construction site Best Management Practices(BMPs)
shall be required during construction of any new structure in accordance with Section
7.10 of the Stearns County Land Use and Zoning Ordinance 439; or successor
Ordinance.
3.4 Lot Restrictions.Due to the topography and site characteristics,the following lots
contain building restrictions:
a. Vegetation. A vegetative alteration application shall be submitted with the
construction site permit application for Lots 4, 5,6,7, 8 Block 1.
b. All structures shall be located outside of the 100 year floodplain.
In order to protect them for sewage treatment use,the two soil treatment areas on each
lot,as designated on the preliminary plat,shall be staked and roped off prior to any
ground disturbing activity on each lot.
3.5 Public Right of wav and Easement Requirements.The Developer shall be required to
provide all easement documents for review by the City/Township Engineer/Attorney
prior to recording of the plat.The following right of way and easements are required to
be noted on the final plat:
a. Drainage and Utility Easements.
1. Drainage ditch between Lots 7 and 8,Block 1 between Cayley Court and the
Sauk River
2. Protection of the 100-year floodway, 100-year flood plain,and Storm water
treatment pond and outfall.
b. The Developer will donate and dedicate to Stearns County a controlled access
restriction,being the right of ingress to and egress from,along the right of way of
County Road 121.
3.6 Public Improvements. The Developer shall be responsible for the construction of the
road and required storm water facilities and they shall be in conformance with the
construction plans attached as Exhibit D. The Public Improvements are subject to the
following:
a. Design Standard. The road shall be designed to meet nine(9)ton design
standards,at a minimum.
i. Construction of the road and related storm water facilities shall be the
responsibility of the developer and shall be in conformance with both the
stormwater management and erosion control plan approved as part of this
plat and attached as Exhibit E.
b. Inspection. The construction of the roads and storm water facilities shall
be inspected and accepted by the designated engineer. All costs
associated with inspection services shall be the responsibility of the
Developer.
c. Improvements. The Developer agrees to construct those improvements itemized
below, (hereinafter known as the"Improvements"):
Check all that apply:
X Site Grading X Storm Sewer/Culverts
X Street Name Signs X Storm Water Treatment Systems
X Turning and Bypass Lanes X Regulatory and Warning Signs
X_ Erosion Control X_ Street Lighting
X On-site Wetland Mitigation-must be approved by appropriate regulatory agency
X_ Private Utilities to include multiple alternative energy options such as geo
thermal and LP,telephone,and electric.
d. The following improvements noted above are public improvements: site grading
and erosion control within the public rights of way, storm sewer and street
culverts, bituminous streets and turn lanes, street signs,regulatory and warning
signs, street lighting. Public improvements shall be dedicated to the Township as
provided in paragraph 8.4 of this Agreement.
The Improvements itemized above shall include all necessary appurtenant items
of work as determined by the JPB.
e. The following improvements are private improvements: private lot and house
pad grading,private driveway culverts,erosion control outside the public street
rights of way,on-site wetland mitigation,storm water treatment ponds,ISTS
sites and systems,domestic wells, and private utilities. Private improvements
shall remain the property of the Developer and under the control and
maintenance of the Developer, its heirs and assigns.
3.7 Completion Deadlines. The Developer agrees to proceed with said Improvements
entirely at its expense,and to complete said improvements by September 30,2016,
except for final bituminous wear course which shall be completed pursuant to the
following schedule. The final wear course must be installed on or after June 15,2017,
and before June 15,2018. Under no circumstances can the final wear course be
installed until the street is subjected to one annual freeze/thaw cycle.
3.8 Engineering Services.The Developer will retain an engineer satisfactory to the JPB to
prepare complete construction Plans and Specifications for The Improvements.The
Developer shall make his engineer aware of the provisions in this agreement.The
Developer's engineer shall:
a. Arrange for soil borings in accordance with Exhibit D and/or such other subsurface
investigations as the JPB may require,including pavement design supporting
information and storm water treatment pond soil infiltration properties.
b. Prepare construction plans and specifications,and estimate in accordance with
Exhibit D.
c. Secure all necessary permits including those required by the Minnesota Pollution
Control Agency,the Department of Natural Resources, Steams County, Sauk River
Watershed District,or any other regulatory agency that has jurisdiction.
d. Provide all necessary construction staking and related survey work.
e. Provide construction administrative services on behalf of the Developer,including
the following:review shop drawings,coordinate construction staking,monitor
permit requirements,monitor site grading and erosion control work designated as
developer's responsibility as required,process applications for payment,prepare
change orders,monitor completion dates,coordinate field issues with Contractor
and Developer,participate in final inspection.
f. Prepare record drawings. Submit to the Township Engineer within 30 days of
receiving field measurements from the Township's on-site representative.Record
drawings shall include locational measurements to all culverts,storm sewer, and
drainage structures.Developer will submit evidence of site grading,to include
conformance of house pad elevations with the grading plan.
4.0 PERMITS AND FINANCIAL OBLIGATIONS
4.1 NPDES Permit. The Developer is required to secure a NPDES Permit since
more than one acre of land will be disturbed as a result of the construction
within the entire River Ridge Estates.The permit requires the creation and
implementation of a Storm Water Pollution Prevention Plan(SWPPP).A copy
of the permit must be provided to the JPB prior to any construction.
4.2 Improvement Escrow. Prior to the actual construction of the Improvements
pledged to be constructed by the Developer,then in that event,the Developer
shall post with Stearns County a bond,irrevocable letter of credit or dedicated
escrow account(the "Security")in the estimated amount of 1.25 times the
Engineer's Estimate of the likely costs of such improvements,conditioned upon
the faithful construction of the improvements according to the Plans and
Specifications,and final approval of the Township Engineer, and the terms of
this Development Agreement. As the improvements are partially completed,the
Developer may request the Township to release a portion of the Security
representing the cost of the completed improvements as determined by the
Township Engineer,but at all times there shall be Security in an amount of at
least 125%of the estimated cost of the unfinished improvements. If the
construction contracts are under the control of one Prime Contractor,the Prime
Contractor may provide the performance security required by this section.
4.3 Warranty Bond. The Developer shall fully and faithfully comply with all the
terms of any and all Contracts entered into by the Developer for the installation
and construction of all The Improvements and hereby warrants and guarantees
the workmanship and materials for a period of two years following the
Township's final acceptance of the Improvements. In addition to the Security
required by Section 4.2 herein,the Developer hereby warrants and shall post a
warranty bond,warranting the condition of the materials and workmanship of
the improvements for a period of two years following the Township's final
acceptance of the Improvements. If any claims are made in writing within the
warranty period,the bond shall not be released until such claims are resolved.
4.4 Insurance. The Developer shall provide evidence of Comprehensive General
Liability and Broad Form Property Damage Insurance including contractual
coverage in the amount of at least$1,000,000 per occurrence and$1,000,000
aggregate and excess or umbrella coverage of$1,000,000 per occurrence and
$2,000,000 aggregate. The Contractor shall be required to carry a broad form
Property Damage Endorsement or similar thereto for Explosion, Collapse,and
Underground(XCU)general liability insurance coverage. The JPG and
designated Engineer shall be named as an additional insured on such policy by
endorsement. The Developer's insurance certificate shall be in a form approved
by the JPB,and shall be delivered to the JPB at least three days prior to the
commencement of any work on the Improvements. Such insurance shall remain
in full force and effect through the end of the warranty period described in
Section 4.3
The Developer shall cause each person with whom Developer contracts for the
construction and installation of any Improvements to provide evidence of
insurance. Said coverage shall include Contractor's General Liability,
Owner/Engineer Protective Liability,Automobile Liability,Contractual
Liability,and Worker's Compensation coverage. The Developer,or each person
with whom the Developer contracts shall obtain excess or umbrella liability
coverage of$1,000,000.00 per occurrence and$2,000,000.00 in the aggregate.
The JPB and the designated Engineer shall be named as an additional insured on
such policy by endorsement.
All insurance coverage shall be provided in accordance with JPB specifications.
4.5 Damage to Public Infrastructure. Developer shall promptly repair,at the
Developer's expense,any damage to the County's and Township's existing
infrastructure. Repairs shall be to original condition or better.
4.6 Dedication of Utilities and Roadways. Developer will dedicate to the Township,
after their completion, all storm sewer mains,street culverts,roadways and other
structures located in the right-of-ways on the Development Property shown in
the Plans and Specifications. Developer will provide to the Township any and all
necessary easements and/or dedications or deeding to ensure that the Township
has the ability to maintain,repair,replace or modify the sewers and culverts
located on the Development Property.
5.0 PROJECT SPECIFIC REQUIREMENTS
5.1 Park Land Dedication.The JPB shall receive a Park Dedication fee in the
amount of$ 8,000.00
5.2 Storm Water Infrastructure—Long Term Maintenance. The Developer shall be
responsible for the maintenance of the facility(ies)in accordance with the Storm
Water Agreement attached as Exhibit E.
(b) Cleaning of Ponds. At such time as the designate Engineer determines that
construction on the Development Property has been sufficiently completed so as
not to cause significant erosion which will contaminate the holding ponds
servicing the Development Property, Developer will clean/dredge all holding
ponds and storm water pipes on the Property. In the event the ponds require
cleaning/dredging prior to the completion of all such construction, the
designated Engineer may request that the Developer complete more than one
cleaning of the holding ponds.
6.0 RURAL DEVELOPMENT. The plat entitled River Ridge Estates is located in an
agricultural area and the construction, expansion and operation of animal feedlots and
other agricultural uses are permitted adjacent to the plat. The Developers acknowledge
that future buyers may be exposed to the sights, sounds, smells, and conditions of
modem agriculture and shall provide written notice of such agricultural conditions prior
to entering in a purchase agreement with buyers of the property.
7.0 FUTURE DEVELOPMENT IMPACTS
7.1 Orderly Annexation Area.The plat of River Ridge Estates is located in the
Orderly Annexation of the City and Township of St. Joseph.Property included in the
Orderly Annexation area is subject to annexation into the City at some point in the
future.The following should be considered:
a. Future Subdivision of lots. In the future the City will extend city services(streets,
curbs,gutters, sanitary sewer,water, and storm sewer)into the property. As a means
of keeping future costs of such services reasonable,the Developer has provided a
"ghost plat"which sets forth the location of future streets,lots,and blocks when
City services become available. The"ghost plat"is attached to this agreement as
Exhibit B. The Developer,its heirs and assigns, agrees to locate buildings on the
plat of River Ridge Estates that do not overlap future lots,blocks and streets as set
forth in the attached"ghost plat".
b. Future Assessments.The Developer, its heirs and assigns, agrees not to object or
contest the future costs associated with the improvements to be installed to serve the
River Ridge Estates and the future subdivisions of the property as set forth in the
"ghost plat"or amendments thereto.
8.0 GENERAL TERMS AND CONDITIONS
8.1 Proof of Title.The Developer hereby warrants and represents to the JPB,as
inducement to the JPB's entering into this Agreement,that Developer's interest
in the Development is fee owner. Prior to execution of this Agreement,the
Developer shall provide the JPB with a title opinion prepared by a licensed
attorney and directed to the JPB stating the condition of title of the property,or
other proof of title acceptable to the JPB.
8.2 Binding Effect on Parties and Successors.The terms and provisions of this
Agreement shall be binding upon and accrue to the benefits of the heirs,
representatives, successors and assigns of the parties hereto and shall be binding
upon all future owners of all or any part of the Development and shall be
deemed covenants running with the land. Reference herein to Developer,if there
be more than one, shall mean each and all of them. This Agreement, at the
option of the JPB, shall be placed on record so as to give notice hereof to
subsequent purchasers and encumbrances of all or any part of the Development
and all recording fees shall be paid by the Developer.
8.3 Notice. Any notices permitted or required to be given or made pursuant to this
agreement shall be delivered personally or mailed by United States mail to the
addresses set forth in this paragraph,by certified or registered mail. Such
notices, demand or payment shall be deemed timely given or made when
delivered personally or deposited in the United States mail in accordance with
the above. Addresses of the parties hereto are as follows:
If to the JPB at: Township of St.Joseph
PO Box 585
St. Joseph,MN 56374
AND
City of St.Joseph
PO Box 668
St. Joseph,MN 56374
If to the Developer at: Cory Ehlert
CLC Partners,LLC
PO box 99
St.Joseph,MN 56374
8.4 Acceptance and Ownership of Improvements. The JPB will accept said
improvements or portions thereof,upon certification by the designated Engineer
that,to the best of his knowledge and belief,the improvements have been
completed in conformance with the terms of this Development Agreement and
• all documents incorporated herein by reference.Upon completion of the work
and construction required by this Agreement and final approval and acceptance
by the JPB, the improvements lying within public easements in the development
shall become public property without further notice or action.
8.5 Incorporation of Documents by Reference. All general and special conditions,
plans, special provisions,proposals,specifications and contracts for the
improvements furnished and let pursuant to the Agreement shall be and herby
are made a part of this Agreement by reference as if fully set out herein in full.
8.6 Indemnification. The JPB and its officers, agents and employees shall not be
personally liable or responsible in any manner to the Developer, contractor or
subcontractors, materialmen, laborers, or to any other person or persons
whomsoever, for any claims, demands,damages, actions,or causes any action of
any kind or character whatsoever arising out of or by reason of the execution of
this Agreement, or the design, performance, and completion of the work and the
improvements to be provided by Developer pursuant to this Agreement. The
Developer shall hold the JPB and designated Engineer harmless from claims by
third parties, including but not limited to other property owners, contractors,
subcontractors and materialmen, for damages sustained or costs incurred
resulting from plat approval and the development of the Property. The
Developer shall indemnify the JPB for all costs, damages or expenses,including
engineering and attorney's fees, which the JPB may pay or incur in consequence
of such claims by third parties.
8.7 License to Enter Land. The Developer hereby grants the JPB, its agents,
employees, officers and contractors a license to enter the Property to perform all
work and/or inspections deemed appropriate by the JPB during the development
of the Property.
8.8 Streets.
(a) During any period of spring weight restrictions, when the streets within the
Development have the first lift of pavement,but prior to final acceptance of the
improvements by the JPB, the Developer shall post signage at each entrance to
the Property as notice restricting access to vehicles with an axle weight of
seven tons or less.
(b) The Developer shall promptly clean any soil, earth or debris from streets in or
near the Development resulting from construction work by the Developer or its
agents or assigns as often as necessary and as directed by the JPB for public
safety and convenience. In the event the Developer fails to clean the streets
within 48 hours of the direction of the JPB, the JPB may undertake the work
and seek reimbursement from the security provided by the Developer as set
forth in paragraph 4.2 of this Agreement, or alternatively, assess the cost
against property owned by the Developer within the Township.
(c) Any damage to existing JPB streets and County highways due to construction
activities within the development shall be repaired to the satisfaction of the
JPB and County at the Developer's expense.
8.9 Erosion Control. The Developer shall comply with all requirements of the
"General Storm Water Permit for Construction Activity" issued by the
Minnesota Pollution Control Agency for construction activities and with the
tasks on Exhibit E designated as the Developer's responsibility. In addition,the
JPB may impose additional erosion control requirements if in the opinion of the
designated Engineer such requirements are necessary to retain soil and prevent
siltation of streams, ponds, lakes, or other adjacent properties, or of JPB utility
systems. The Developer shall comply with the erosion control plans and with
any such additional instruction it receives from the JPB. All areas disturbed by
the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Seed shall include rye grass or other fast
growing seed to provide a temporary ground cover as rapidly as possible. All
seeded areas shall be mulched and disc-anchored as necessary for seed retention.
The parties recognize that time is of the essence in controlling erosion.
9.0 Street Lighting and Signage. Developer shall be responsible for the cost of
purchase and installation of street lights and street signs. Developer will name
all streets within the Development in accord with Ordinance regulations.The
improvement shall not be accepted until installation of street lights and street
signs is completed.
9.1 Reimbursement of JPB's Costs. The Developer shall reimburse the JPB for all
costs, including all reasonable engineering, legal, planning and administrative
expenses, incurred by the JPB in connection with all matters relating to the
negotiation, administration and enforcement of this Agreement and its
performance by the Developer. Developer shall also reimburse the JPB for any
add-to-construction costs related to the installation of street lighting or private
utilities within the Development. Developer shall also be responsible for the
cost of acquiring and installing street signage consistent with that used in other
recent developments within the Township. Such reimbursement shall be made
within 14 days of the date of mailing the JPB's notice of costs. If such
reimbursement is not made, the JPB may place a hold on all construction or
other work related to the Development, or refuse the issuance of building
permits until all costs are paid in full. The JPB may further declare a default and
collect its costs from the security deposited in accordance with Section 4.2 of
this Agreement.
9.2 Renewal of Security. If any escrow account or bond deposited with the JPB in
accordance with this Agreement shall have an expiration date prior to the
Developer's obligations hereunder being complete, the Developer shall renew
such security or deposit substitute security of equal value meeting the approval
of the JPB at least thirty (30) days prior to the expiration of such security.
Failure to post such alternate security or renew such security shall constitute a
default and the JPB may place a moratorium on all construction or other work
related to the Development, refuse the issuance of building permits, and declare
the entire amount thereof due and payable to the JPB in cash. Such cash shall
thereafter be held by the JPB as a security deposit in the same manner as the
security theretofore held by the JPB.
9.3 Platting. Developer must include all of the Development Property in the final
plat of the first phase of the development,with future phases of the development
platted as Outlots. The final plat must be recorded prior to the Developer
initiating the installation of public and private improvements on the
Development Property.
9.4 Utility Location. Developer agrees that all utilities within the Development will
be installed underground, including without limitations electrical, telephone,
cable television and natural gas. Developer may receive an exemption from
this requirement if Developer demonstrates to the designated Engineer that
underground utilities would not be physically possible. Any exemption shall be
limited to the minimal area necessary. The Joint Planning Board requires all
utilities to be located in a joint trench and it shall be up to the Developer to
assure compliance.
9.5 Plat Dedication. Upon approval and execution of this Agreement, the JPB shall
approve the final plat provided it otherwise meets the requirements of the JPB.
If the Plat contains the dedication of an easement,the use of property within the
area of an easement is specifically restricted by prohibiting the construction of
any structure or fence, planting trees or shrubs, or storing of personal property
within the area of the easement which could delay, restrict or impede access
within the easement area by a person or vehicle.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first above
written.
DEVELOPER:
CLC Partners,LLC.
erle' de....,
By: Cory 2cert
Its: Managing Partner
State of Minnesota
ss
County of Stearns
5 44
The foregoing instrument was acknowledged before me this 1,.` day of �'° ,201kby
Cnt rh heft- ,the Managing Partner of CLC Partners,a Limited Liability Corporation.
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ST.JOSEPH JOINT PLANNING BOARD
By IL" Se-L4
Chair
St.Joseph Joint Planning Board
ATTEST: __ I
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Bi- fid. & c..e iS
J y eyr s,Secretary
t.J eph Joint Planning Board