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NOTICE OF DECISION
SPECIAL PERMIT A3


IN THE MATTER OF: Certified Mail# 7014 2120 0003 3809 8525

Applicant: Chris DuBois
4 Oakwood Circle
Hingham, MA 02043

Premises: 4 Oakwood Circle - a.k.a Parcel Map 63, Lots 50 & 58

Deed Reference Plymouth County Registry of Deeds
Book 37411, Page 086

PLAN REFERENCE:
"Oakwood Circle Flexible Residential Development Plan of Land in Hingham, MA", prepared by James Engineering, Inc. 125 Great Rock Road, Hanover, MASS 02339, prepared for Chris DuBois, 4 Oakwood Circle, Hingham, MA 02043, dated September 2, 2015, revised to 1/6/16, 7 sheets; "Preliminary Flexible Residential Development Plan, Oakwood Circle Subdivision, Hingham, MA", prepared by Sean Papich, dated December 15, 2014, revised to January 8, 2016, 1 sheet.

PROCEEDINGS:
This matter came before the Planning Board on the Application of Chris DuBois (the Applicant) for the issuance of a Special Permit A-3 under Sections IV-D, I-J and I-F (2) a-g of the Hingham Zoning By-Law in order permit a Flexible Residential Development (FRD) for the construction of a 5 lot flexible residential development (4 new lots, 1 existing house) with shared driveway to exit onto Oakwood Circle on approximately 20.61 acres of land zoned Residence C, at 4 Oakwood Circle and 0 Justice Cushing Way. The hearing was duly noticed as required by the statute, and held at Hingham Town Hall on February 18, 2015 and January 25, 2016. The members of the Planning Board deliberating on the application were Sarah Corey, Judith Sneath, Gary Tondorf-Dick, and William Ramsey. Mr. Ramsey noted for the record that he completed a Mullins Affidavit for the hearing of February 18, 2015. The Applicant was present at the meeting and his team included Gary James, of James Engineering, and Steve McLaughlin, Esq. John Chessia, Chessia Consulting, was present for the Board

The Special Permit is the first step in a two-step approval process for a Flexible Residential Development. The second step is the preparation and submission of a definitive subdivision plan in accordance with the requirements of the Subdivision Regulations of the Town of Hingham.

SITE BACKGROUND AND PROJECT OVERVIEW:
The site is 20.61 acres zoned Residence C with one existing residence. The project includes the construction of a 5 lot flexible residential development (4 new lots, 1 existing house) with shared driveway to exit onto Oakwood Circle. Mr. DuBois stated that the intent of the proposal was to provide a positive result to the town as part of the development of the four additional house lots. The proposal is to donate ~10.7 acres to the town as protected open space. The open space includes both uplands and wetlands which are contiguous. This will be clustered development and no curb cuts are proposed along the 1,000' of frontage along 3A. The proposal for conventional yield is based on Form A plans. The Board of Health has approved 3 of the 4 new lots to date, and will consider approving the fourth lot once additional information has been submitted. The access drive will be off of Oakwood Circle and will remain private.

SPECIAL PERMIT CRITERIA:
Relief in the nature of a Special Permit A-3 is requested to permit a Flexible Residential Development (FRD) for the construction of four new houses and one existing house, with associated roadways, utilities, and open space. Applications for a Special Permit A-3 are evaluated by the Planning Board in terms of conformance to the requirements and criteria of the By-Law set forth at Section IV-D and Section I-F (2) a-g and responsiveness to the purpose of Flexible Residential Development outlined as follows:

a. To encourage the permanent preservation of open space, water bodies and supplies, wetlands and other natural resources, and historical and archeological resources;
b. To preserve and enhance community character by allowing for greater flexibility, creativity and open space within residential developments;
c. To provide for a diversified housing stock, including Moderately-Sized Homes and Low or Moderate Income Housing;
d. To facilitate the construction and maintenance of housing, streets, utilities and public service facilities in an economical and efficient manner; and
e. To minimize the total amount of disturbance on the site.

FINDINGS:
1. The Applicant filed an application for a Special Permit A-3 on December 30, 2014, requesting 4 new and one existing house lot on approximately 20.61 acres in the Residence C Zoning District. This application was submitted in accordance with the requirements outlined in Section IV-D of the Hingham Zoning By-Law.

2. The Board finds that the information provided on the existing conditions is sufficient to review the Preliminary Flexible Residential Development Plan and as such, finds that the requirements of Section IV-D, 5ii have been satisfied and so waives the requirement to submit additional information on existing conditions per Section iv-d, 5ii.. The Board notes that additional information will be required during the preparation and review of the Definitive FRD plan, including information on ledge within the development areas (infiltration unit locations and foundations) and, all trees 12" or larger within 20 feet of cleared area shall be shown, and a new calculation on open space.

3. A Conventional Yield Plan as described in IV-D (5) of the Zoning By-Law has been filed with the Planning Board which shows five ANR lots and one existing house lot. The Board of Health has reviewed this plan and has now approved three of the new lots and the one existing lot for a total conventional yield of 4 at this time. The Planning Board will support the conceptual site design for the 4 new house lots on this plan but shall require that the Applicant return to the Board of Health and secure approval for the fourth new lot PRIOR to filing the Definitive Flexible Residential Development Plan, and further, that if the fourth house lot is not approved by the Board of Health the Applicant must revise the conceptual plan to depict only three new house lots and one existing house in accordance with Section IV-D, 6,b.

4. Section IV-D (6) of the By-Law requires that a minimum of 40% of the site shall be dedicated open space. The Applicant is proposing to reserve approximately 48.7% of the parcel as dedicated open space, to be conveyed to and maintained by the Condominium Association or the town. The Applicant shall include the 100' buffer area into this calculation, and, the open space table should be revised accordingly.

5. Section IV-D(8) C requires that the percentage of open space that is wetlands does not exceed the percentage of wetlands on the entire property. The Open Space calculation on Sheet 1 of 7 of the plans titles "Oakwood Circle Flexible Residential Development" shows that this requirement has been met. The percentages may change slightly on the Definitive Plan.

6. Because the Applicant proposes a condominium form of ownership, requirements set forth at Section IV-D (9) for minimum lot size and setbacks would not apply. The proposed exclusive use areas should be clearly defined on the Definitive Flexible Residential Development Plan.

7. The proposed development will comply with the requirement for a 100’ Open Space Buffer along abutting properties, and a 50’ Open Space Buffer along adjacent public roadways. The Definitive Plan shall be modified to provide the 100' Buffer as required.

8. The development will be served by a private way of suitable pavement, width, grade, layout and drainage as to be acceptable to the Planning Board for access purposes to the site.

9. The proposed storm water management system has been designed in concept. Final storm water management design must meet all regulatory standards as part of the Definitive Flexible Residential Development Plan review process.

10. The proposed development is in harmony with the stated purposes of the by-law, including the preservation of open space; the protection of natural resources; efficiency and flexibility in the layout of housing, roads, and utilities, and the minimization of disturbance on the site.

11. The proposed layout is more desirable than a traditional subdivision layout because more open space is preserved, fewer curb cuts on the public way are being created, and there will ultimately be less impervious surface created. In addition, no curb cuts are proposed on Chief Justice Cushing Highway.

12. A note shall be added to the plans stating, per Section IV-D, 10,e. that "there shall be no further subdivision of these properties, in accordance with Section IV-D, 10, e."

DECISION:
The Board Moved, Seconded and SO VOTED to GRANT a waiver from the requirement to submit additional information on existing conditions per Section IV-D, 5ii., finding that the information submitted is sufficient, and noting that additional information will be required as part of the Definitive FRD Plan.

The Board Moved, Seconded and SO VOTED to GRANT a Special Permit A-3 for a Preliminary Flexible Residential Development (FRD) for the construction of a 5 lot flexible residential development (4 new lots, 1 existing house) with shared driveway to exit onto Oakwood Circle on approximately 20.61 acres of land, zoned Residence C, at 4 Oakwood Circle and 0 Justice Cushing Way, with a waiver and conditions.

The foregoing Special Permit and waiver are expressly subject to and conditioned on the Applicant’s full compliance with the following conditions and limitations:

CONDITIONS AND LIMITATIONS
1. The Applicant shall return to the Board of Health and secure approval for the fourth new lot PRIOR to filing the Definitive Flexible Residential Development Plan, and further, that if the fourth house lot is not approved by the Board of Health the Applicant must revise the Preliminary Flexible Residential Plan to depict only three new house lots and one existing house in accordance with Section IV-D, 6,b.

2. The Applicant shall file with the Planning Board an application for a Definitive Plan in accordance with Section IV(D) 6 of the Hingham Zoning By-Law and the Rules and Regulations of the Planning Board relative to the Submission of a Definitive Plan, Section 3 (C), along with any additional information requested as a condition of this permit. In addition, the Applicant shall submit a list of all waivers requested from the Planning Board Rules and Regulations.

3. A note shall be added to the plans stating, per Section IV-D, 10,e. that "there shall be no further subdivision of these properties, in accordance with Section IV-D, 10, e."

4. The Planning Board shall review the Definitive Plan to determine its compliance with the Subdivision Control Law, and hold a public hearing as required by Massachusetts General Laws Chapter 41, Section 81T. The Special Permit A3 shall be reconsidered if there is a substantial variation between the Definitive Plan and the Preliminary FRD Plan. A substantial variation shall be defined as an increase in the number of Lots or Dwelling Units, a decrease in the amount of Open Space and/or a change in the development pattern which adversely affects natural landscape features and Open Space, or surrounding residential properties. If the Planning Board finds that a substantial variation exists, it may reopen the Special Permit A3 public hearing to review the modifications to the Preliminary FRD Plan and, based on its findings, may approve, modify or revoke the Special Permit A3.

5. Except for good cause, this Special Permit A3 shall lapse in two (2) years after the date of issue, which shall not include any time required to pursue or await the determination of an appeal pursuant to Massachusetts General Laws Chapter 40A, Section 17.

6. Prior to the final approval of the Definitive Plan, the Applicant shall provide to the Board a plan for the disposition of the designated Open Space in accordance with Section IV-D (8) of the By-Law. In the case that the Open Space is conveyed to the Condominium Association, a restriction enforceable by the Town shall be included within the Condominium Documents and recorded providing that such land shall perpetually be kept in an open or natural state consistent with the requirements set forth in the By-Law.

7. The Applicant shall submit, with the Definitive Flexible Residential Development Plan, a detailed site plan for the developed portion of the site showing all proposed grading, the roadway layout, the location of each dwelling, drives, walks, paths and landscaped areas. The ledge shall be shown within the development areas (infiltration unit locations and foundations) and all trees 12" or larger within 20 feet of cleared area shall be shown.

8. The exclusive use areas should be clearly defined on the Definitive Flexible Residential Development Plan.

9. The Applicant shall submit with the Definitive Plan a Landscape Plan showing 1) the limit of clearing, both temporary (for construction) and permanent, required for all work associated with the project, including homes, driveways, lawns, roadways, drives and drainage structures, 2) the location of all significant trees (12” caliper and above) within 20’ of any area to be cleared or altered; 3) all significant trees that will be retained; 4) the size and type of all new trees to be planted, including those within the 100’ buffer zone; any measures proposed to delineate the open space area using boulders, etc. to prevent future encroachments, and, 5) a detailed planting plan for the 50’ buffer area along Oakwood Circle. New tree buffer plantings should be closer to the edge of clearing, not along property lines.

10. The Applicant shall submit, with the Definitive Plan, a final storm water management plan in accordance with the requirements outlined the Planning Board Rules and Regulations. Every effort shall be made to use non-structural Best Management Practices to control run-off, including direct infiltration of roof run-off, harvesting run-off for irrigation purposes during the growing season; and the use of grassed swales and bio-retention areas.

11. The roadway, drainage facilities and other utilities within the development shall remain private and shall not be offered by the Applicant, its successors or assigns for acceptance by the Town of Hingham. Maintenance, repair and improvement thereof shall be the responsibility of the Applicant and/or the owners of the lots within the Subdivision. Such obligation shall be set forth in the Condominium Documents or a separate Declaration of Easements, Restrictions and Covenants Running with the Land which shall be approved by the Planning Board prior to endorsement of the Definitive Plan and to be recorded with the Plan.

12. The Applicant shall shift the proposed cul-de-sac location slightly north to preserve the two significant Oak trees, and shall provide a buffer between the McGinn property and the road by preserving existing vegetation.

13. The Applicant shall provide information on design of and improvements to the drainage in Oakwood Circle and the connection with the drainage from the proposed FRD development going to the detention basin as part of the Definitive Plan. Confirmation of status of Oakwood Circle (public or private) and the ability to connect to or improve the existing way shall be provided as well.

14. Notes on the Landscape plan prepared by Sean Papich cite 5 bedroom houses. That should be corrected to show 4 bedroom houses and to show updated landscaped buffer and house locations. 100' buffer shall be included as part of overall open space.

The zoning relief granted herein shall not become effective until (i) the Town Clerk has certified on a copy of this Decision that 20 days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that is such an appeal has been filed, that it has been dismissed were denied, and that (ii) a copy thereof has been duly recorded in the Plymouth County Registry of Deeds, and indexed in the grantor index under the name of the owner of record or is recorded and noted in the owner’s certificate of title.



_____________________________ ___________________________
Sarah H. Corey, Chairman Date
Hingham Planning Board



Cc: Town of Hingham: Assessors, Board of Health, Building Department, Clerk, Conservation, DPW, Fire Department, Light Board, Sewer Commission, Gary James P.E,, J. Chessia











NOTARIZATION



EXECUTED this ______ day of February 2016



Commonwealth of Massachusetts


Plymouth, ss February ____ 2016


Then personally appeared Sarah H. Corey, Chairman of the Hingham Planning Board, and acknowledged the foregoing to be the free act and deed of said Board.




____________________________________
Mary F. Savage-Dunham, Notary Public My Commission Expires October 29, 2021