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November 29, 2017
Certified Mail #7017 0660 0000 9961 1236
4 Oakwood Circle
Hingham, MA 02043
Re: 4 Oakwood Circle & 0 Justice Cushing Way- FRD Definitive Subdivision
Plan Reference “4 Oakwood Circle Flexible Residential Development Definitive Subdivision in Hingham, MA”, dated May 6, 2017, as revised, prepared by James Engineering, Inc., consisting of seventeen (17) sheets for Christian DuBois, 4 Oakwood Circle, Hingham, MA 02043, and “Landscape Plan, 4 Oakwood Circle, Hingham, MA 02043”, prepared by Sean Papich landscape architecture, dated 11/8/17, 1 sheet.
This Definitive Subdivision Hearing is the final step in a two-step approval process for a Flexible Residential Development (FRD) as outlined in Sections I-J and IV-D of the Hingham Zoning By-Law. This matter first came before the Planning Board on the Application of Chris DuBois for the issuance of a Special Permit A-3 for a Flexible Residential Development on 20-61acre site on Oakwood Circle also known as Map 63, Lots 50 & 58. On January 25, 2016, following a series of public hearings, the Planning Board voted to grant, with conditions, the Special Permit A-3 for the development of a 5 lot flexible residential development on the lots, with associated roadways, utilities, and open space.
In accordance with Section IV-D of the Zoning By-Law, the applicant filed an application for definitive subdivision approval on May 8, 2017. The Board held substantive hearings on June 12, September 5, October 16 and November 27, 2017. The panel consisted of Jennifer Gay Smith, Gordon Carr, Gary Tondorf-Dick and William Ramsey. William Ramsey missed the hearing of October 16, 2017 but reviewed the record and completed a Mullins Affidavit for the record, noting that at the start of the November 27th hearing. John Chessia, Chessia Consulting, served as the peer review engineer for the Board.
Discussion and Findings
This is a five lot flexible residential development which includes one existing house and 4 additional houses. The project will be a condominium with exclusive use areas associated with each house, and common areas for the entire project. The road is intended to remain private, and, will be maintained through a Homeowners Association. A majority of the project will remain dedicated open space with some preserved in perpetuity as required by the by-law, and some open space included with the project outside of the designated exclusive use areas. The Board and Applicant spent a great deal of time reviewing the areas of clearing to ensure as many trees as possible are retained, and that there is a sufficient buffer.
The Board asked extensive questions regarding the drainage, grading and side slope details; width of the right-of-way; roadway length; sightline; and identifying which trees will be removed and which will be preserved. The Board discussed at length the location of the private way, the existing topography and proposed changes to the grades, the interest in preserving as many trees as possible on the property, and the storm water management system. The Board received testimony from the public throughout the process and was sensitive to their concerns, as was the applicant. The Board reviewed the conditions suggested by staff and the peer review engineer based upon a review of the record and materials provided. The Board then discussed the waivers one by one and made findings, as follows:
1. Section 4. B. 1 & Section 3.a. Table 1 - Request to allow the roadway to be designed in accordance with the requirements of the Limited Residential Roadway rather than a Minor Roadway.
The Board found that the waiver reduces the extent of the infrastructure, which supports the purpose of Section IV-D (d) & (e); this is a low density development as designed; walking paths are proposed throughout the site; and, the purpose of Section IV-D is supported by granting this waiver, which is a public benefit, thus granting the waiver is in the public interest. Further, this waiver is not inconsistent with the Subdivision Control Law.
2. Section 4.C.3.a) Request to waive the requirement to allow catch basins to be located more than 300’ apart on a continuous grade.
The Board found that the purpose of Section IV-D (d) is supported by granting this waiver, which is a public benefit, thus granting the waiver is in the public interest. Further, this waiver is not inconsistent with the Subdivision Control Law. Also, some of this roadway is benefitted by swales as the applicant was required to implement Low Impact Development strategies as possible.
3. Section 4.C.3.a) - Request to waive the requirement for a catch basin pair 150’ from a low point.
The Board found that the purpose of Section IV-D (d) is supported by granting this waiver, which is a public benefit, thus granting the waiver is in the public interest. Further, this waiver is not inconsistent with the Subdivision Control Law. This waiver is supported by the design. There is no need for another pair of catch basins as would be required without this waiver, and the applicant has agreed to modify the grades and improve the drainage at the intersection with Oakwood Circle.
4. Section 5.L1.4 Request to waive the requirement to use reinforced concrete pipe and allow HDPE pipes.
The Board found that the purpose of Section IV-D (d) is supported by granting this waiver, which is a public benefit, thus granting the waiver is in the public interest. Further, this waiver is not inconsistent with the Subdivision Control Law. This waiver has been granted before, and, the Town uses HDPE pipes in similar applications.
5. Section 5.B.4 Request to waive the requirements for street trees beyond station 1+75 to allow the grass filter strip to remain effective
The Board found that the purpose of Section IV-D (e) is supported by granting this waiver, which is a public benefit, thus granting the waiver is in the public interest. Further, this waiver is not inconsistent with the Subdivision Control Law. There is an extensive landscaping plan associated with the project, and, significant open space is being preserved. This is a reasonable request as it is needed to comply with a condition of the A3 to implement LID techniques.
6. Figure 1 Request to waive the requirement for cape cod berms beyond station 2+00 in order to comply with LID requirements
The Board found that the purpose of Section IV-D (e) is supported by granting this waiver, which is a public benefit, thus granting the waiver is in the public interest. Further, this waiver is not inconsistent with the Subdivision Control Law. The Applicant was also required to implement LID design as possible.
7. Figure 1 Request to reduce the width of the cape cod berms from 18” to 12”
The Board found that this is a reasonable request and supports the overall purpose of Section IV-D (e) which is in the public benefit, thus granting the waiver is in the public interest. Further, this waiver is not inconsistent with the Subdivision Control Law. This waiver has been granted before.
8. Section 4.E Request to allow subsurface storm water structures
The Board found that is waiver supports the overall project design, which supports the Purpose of Section IV-D (d) & (e) which is a public benefit, thus granting the waiver is in the public interest. Further, this waiver is not inconsistent with the Subdivision Control Law. This waiver has been granted before.
CERTIFICATE OF ACTION
I, Jennifer M. Gay Smith, Chairman of the Hingham Planning Board, certify that at a regularly scheduled meeting of the Hingham Planning Board on November 27, 2017, the Board voted To APPROVE the plan “4 Oakwood Circle Flexible Residential Development Definitive Subdivision in Hingham, MA”, dated May 6, 2017, as revised, prepared by James Engineering, Inc., consisting of seventeen (17) sheets for Christian DuBois, 4 Oakwood Circle, Hingham, MA 02043, and “Landscape Plan, 4 Oakwood Circle, Hingham, MA 02043”, prepared by Sean Papich landscape architecture, dated 11/8/17, 1 sheet, with the waivers to the Subdivision Rules and Regulations, approved herewith and incorporated herein by reference, and subject to and on the following conditions which, if not complied with, shall, at the option of the Planning Board (the “Board”), operate as a rescission of this approval:
Prior to Endorsement of Plan:
1. Prior to endorsement of the Subdivision Plan the applicant shall complete the following:
a. Plans shall be signed by a professional civil engineer and stamped by a certified land surveyor;
b. A final O&M plan updated to reflect the final design shall be submitted for review. Plans shall include notes to install and maintain the subsurface infiltration system in accordance with the O & M plan;
c. Plan set must include an easement plan sheet. This must show all existing easements and Rights of Way, as well as easements required to facilitate the construction of the roadway or associated utilities, including the street tree easement. Easements shall be shown on the easement plan and filed with or before the Mylar.
d. The Cover Sheet shall include a note stating that "All work must be constructed in compliance with Section 5 of the Planning Board Rules and Regulations as amended through August 18, 2014, except as waived herein".
e. Plans shall be revised to address comments in the November 20, 2017 memo from the Director of Community Planning.
f. Deliver the Condominium Documents (as defined in Section 7), containing provisions acceptable to the Planning Board evidencing the homeowners’ continuing obligations under Town permits, regulations and bylaws in recordable form.
g. Provide the Planning Board with a final set of plans, including all revisions discussed in the subdivision hearing, for review by the Town’s engineer. Prior to final endorsement, such plans will be modified as needed to reflect corrections and revisions requested by the Engineer.
h. A covenant is to be executed and made a part hereof, and recorded with the Plan in the Plymouth Registry of Deeds, or other performance guarantee in an amount sufficient to the Board to secure performance of the construction of ways and the installation of municipal services required for the lots shown on the Plan, shall be provided pursuant to the Massachusetts General Laws Chapter 41, Section 81U.
i. Applicant shall revise all sheets of the plans to show 23’ paved roadway and 12” ccb each side.
2. If there is any inconsistency between this Certificate of Action and the Plan and any permit, decisions or plans as may be approved by any other state or local agencies or boards, including, without limitation any decision of the Hingham Board of Health or Hingham Conservation Commission, the Applicant shall submit an amended plan to the Planning Board for approval, and the Plan shall be modified accordingly.
Prior to Commencement of Construction
1. The Applicant will bear the responsibility to see that any inconsistencies with the Plan and decisions of other state or local agencies or boards are resolved before construction begins.
2. A street opening permit, and any other permits or authorizations necessary to do work within any public or private way shall be obtained by the Applicant and delivered to the Planning Board prior to construction.
3. Not less than 3 weeks prior to the start of construction or site clearing the SWPPP shall be submitted for review by the Town Planner/Peer Review Engineer and the Conservation Agent.
4. The HMLP will require an easement around the electric distribution system. Please coordinate with Mr. Girardi, at the HMLP to determine their requirements. Proof of recording shall be provided to the Town Planner at or before the preconstruction meeting, or prior to issuance of the first certificate of occupancy.
5. There shall be a preconstruction meeting attended by the applicant team including the site contractor, the Conservation Administrator, the Town Planner, the engineer for the Planning Board, and the Police Chief or his proxy to review the installation of the erosion control measures, that the “no clear line” has been clearly marked, and answer any questions on the SWPPP, and discuss safety and the process to schedule police details. Preconstruction meeting shall be coordinated through the Director of Community Planning.
6. Applicant shall coordinate with the Fire Chief on the blasting work. In addition, not less than one month prior to the start of blasting the applicant shall notify abutters within 300’ about the start of work, the schedule including duration and scope, and contact numbers. The planning office will provide the labels of the abutters within 3 days of receiving a request for the labels. The following offices should also receive a copy of the notice: Police Chief, Conservation, Fire Chief, Building Department, Selectmen, DPW, Sewer, Board of Health, and the HMLP.
7. The tree preservation area from the watershed plan should be overlaid onto the project plan, and, anywhere there is a tree preservation area intersecting an exclusive use area that needs to be clearly shown on the plan and within the declaration of easements for the project. The Declaration shall have a map exhibit showing the road, parcel lines, exclusive use areas, tree preservation areas and any other restrictions. That shall be provided to staff for review prior to endorsement of the plans.
8. None of the storm water basins should be in the exclusive use area boundaries. Prior to endorsement of plans basin 1 must be modified to be outside of lot 1 exclusive use area or exclusive use area must be modified.
9. Trees and shrubs shall not be planted on storm water basin berms, and access to the basins shall be kept clear of shrubs. Prior to endorsement please have the landscape plan revised accordingly. The landscaping shall be relocated out of these areas to supplement the planting along the perimeter of the cleared areas. The landscape plan should be recorded along with the Definitive Subdivision.
Conditions During Construction
1. Inspection by the Board’s engineer is required during the excavation for and the installation of the subsurface drainage system to ensure compliance with the manufacturer’s specifications, and it must be shown on the as-built.
2. Police details shall be required at the discretion of the Chief of Police to assist in managing construction traffic entering or exiting site, and when material is being exported from the site.
3. Please provide a stable benchmark internal to the site closer to the cul-de-sac for use during construction, and if possible, permanently.
1. All work shall be performed in accordance with the Plan, this Certificate, and, except as specifically waived herein, in conformity with the Rules and Regulations of the Hingham Planning Board in effect as of the date of the application. Any waivers from said Rules and Regulations approved herein by the Planning Board shall be noted on the Plan.
2. The Applicant shall complete all work shown on the Plan, including all ways, drainage facilities, and utilities, within two years of the date of endorsement of the Plan or this approval of the Plan shall be null and void, unless, at the request of the Applicant, the Planning Board extends the time for performance of such work.
3. If the drainage design or limits of clearing changes such that the drainage assumptions as approved are no longer valid a request for a subdivision modification shall be required.
4. Approval by the Planning Board of this Plan shall not be treated as, nor deemed to be, approval by the Board of Health for a permit for the construction and use on any lot of an individual septic system. No building or structure shall be placed on any lot without septic system approval by the Board of Health.
5. The roadway, drainage facilities and other utilities within the extended subdivision road shall remain private and the 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 a Declaration of Easements, Restrictions and Covenants Running with the Land (the “Declaration”), a final version of which shall be approved by the Planning Board prior to endorsement of the Plan and to be recorded with the Plan and O&M Plan. In the event of a conflict between this Certificate of Action and the provisions of the Declaration regarding maintenance, repair and improvement of the roadway, drainage and other utilities, the provisions of this Certificate of Action shall govern.
6. Following the construction of the Subdivision roadway, the Applicant and/or the Homeowners’ Association shall submit to the Planning Board and the Hingham Department of Public Works, annually on the anniversary date of this Certificate of Action, a report on the operation of the storm water drainage system (a “Drainage System Report”). The Drainage System Report shall include the details of all inspections and maintenance conducted on the system for the preceding year, and a certification by a licensed contractor that the system is in good working order. If a Drainage System Report is not submitted within sixty days of such date, the Applicant and/or the Homeowners’ Association, as applicable, shall be liable to the Town for all costs and fees (including, without limitation, reasonable attorneys’ fees) incurred by the Town in the enforcement of this Section. In addition, the Declaration shall provide that the Town of Hingham shall be a third party beneficiary of the Declaration for the purpose of enforcing such obligation, including, the right, but not the obligation, to perform such maintenance and repairs, if the Town deems such work is necessary to protect the integrity of any public way adjacent to the subdivision and receive reimbursement for the costs of such work from the members of the Homeowners’ Association.
7. The total number of dwelling units on the site shall not exceed 5. There shall be no further subdivision of this lot for the purpose of further development on the site.
8. Dwellings shall be sited within the approximate building zones shown on the plan.
9. Overnight parking shall be prohibited on the roadways; such prohibition shall be a regulation of the Condominium Association.
10. The Open Space shall be conveyed to the condominium association, and a restriction enforceable by the Town shall be recorded with the plans and other documents providing that such land shall perpetually be kept in an open or natural state, until and unless the land is transferred to the care and control of the Town or other approved entity.
11. The area identified as Open Space Buffer on the plan shall remain undisturbed as shown on the Plan, except for removal of dead trees or branches, and such restriction shall be included in the Association Documents.
12. The Open Space Buffer and limits of clearing shall be staked and clearly marked before the beginning of construction activity.
13. The Condominium Association shall maintain funds to replace street trees, and plantings intended for screening, as needed.
14. The Condominium Documents shall restrict fertilizer to types, which state they are approved by state and federal agencies specifically for residential use.
15. Construction of the roadway, surface drainage, site grading, and all utilities shall be supervised by a registered professional engineer approved by the Planning Board in accordance with the inspection procedures established in the Planning Board Rules and Regulations.
16. Construction work at the site and deliveries to the site shall be limited to the hours of Monday through Saturday, 7:00 a.m. to 7:00 p.m. No construction activities which require the use of heavy equipment or which are otherwise noisy shall be conducted on Saturdays. No construction work shall be permitted on Sundays.
17. All staging areas including parking areas for construction labor shall be on site. No parking on Town ways or private ways in the vicinity of the site shall be permitted by any person associated with the construction of the project.
18. At project completion, the applicant’s engineer shall certify in writing to the Planning Board and Building Commissioner that construction complies with the approved plans. This certification shall be accompanied by as-built plans, signed and stamped by a registered land surveyor and the supervising engineer.
19. Each deed for any exclusive use area within the Subdivision shall specifically set forth that the conveyance of such exclusive use area is subject to the conditions set forth in this Certificate of Action and in the Declaration.
20. The plans should show Bounds in accordance with Rules and Regulations Section 5.C.4. for the open space that will be held in perpetuity and may be transferred to the town or other entity in the future. These should be concrete bounds per the regulations. Bounds must be installed and a certified plan (or as-built plan including the bounds) is required prior to the issuance of the Certificate of Occupancy on the final house in the development.
21. The exclusive use areas should be marked on the sides and rear with concrete bounds. This will clearly demarcate the exclusive use areas for future owners for clarity.
22. The tree preservation areas within exclusive use areas shall have installed a row of concrete bounds along the “do not disturb boundary” spaced 6-8’ apart to ensure there is no encroachment in these areas. The deeds and declaration of easements shall reflect these also.
23. Applicant shall improve the catch basins in Oakwood and modify the grades at the intersection to improve drainage and vehicular safety.
A. The Board voted unanimously to GRANT the following requests for waivers from the Planning Board Rules and Regulations, unless otherwise noted:
1 Section 4. B. 1 & Section 3.a. Table 1 - Request to allow the roadway to be designed in accordance with the requirements of the Limited Residential Roadway rather than a Minor Roadway.
2 Section 4.C.3.a) Request to waive the requirement to allow catch basins to be located more than 300’ apart on a continuous grade.
3 Section 4.C.3.a) - Request to waive the requirement for a catch basin pair 150’ from a low point.
4 Section 5.L1.4 Request to waive the requirement to use reinforced concrete pipe and allow HDPE pipes.
5 Section 5.B.4 Request to waive the requirements for street trees beyond station 1+75 to allow the grass filter strip to remain effective
6 Figure 1 Request to waive the requirement for cape cod berms beyond station 2+00 in order to comply with LID requirements
7 Figure 1 Request to reduce the width of the cape cod berms from 18” to 12”
8 Section 4.E Request to allow subsurface storm water structures
Jennifer M. Gay Smith, Chairman
Hingham Planning Board
Cc: Gary James; Building; Conservation; BOH; Town Clerk; R. Sylvester; H. Sylvester; Town Engineer; Police Chief; Fire Chief; Fire Prevention; Assessors; J. Chessia, S. Papich; S. McLaughlin.
EXECUTED this _____ day of December 2017
Commonwealth of Massachusetts
Plymouth, ss December____, 2017
Then personally appeared Jennifer M. Gay Smith, Chairman of the Hingham Planning Board, and acknowledged the foregoing to be the free act and deed of said Board.
____________________________ My Commission Expires: October 29, 2021 Mary F. Savage-Dunham, Notary Public