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Certified Mail #7016 3010 0000 2615 0305
NOTICE OF DECISION
Special Permit A3 for a Common Driveway
at 29 & 35 Hobart Street
Applicant: Brian Murphy
293 Washington Street
Norwell, MA 02061
Project Site: 29 & 35 Hobart Street
Map 99, Lots 30 & 32
Plan References: “Preliminary Landscape Plan 29 & 35 Hobart Street, Hingham, MA” prepared by McKenzie Engineering Group, Prepared for Demos Realty Trust, dated December 13, 2017, sheet SKC-1.
“PLAN OF LAND 29 & 35 HOBART STREET (ASSESSORS MAP 99 LOTS 30 & 32) HINGHAM, MASSACHUSETTS” prepared by McKenzie Engineering Group, prepared for DEMOS REALTY TRUST, dated September 14, 2017 revised to 11/6/17, sheets C-1 and C-2
PROCEEDINGS
On May 18, 2017, Brian Murphy (the “Applicant”) filed an application (“Application”) for a Special Permit A3 for a Common Driveway, with Site Plan Review pursuant to Section I-G, Section I-I and Section V-A and V-I of the Zoning By-law to create a common driveway for 29 & 35 Hobart Street. A public hearing of the Planning Board was duly noticed and held on July 10, 2017, continued to September 11, 2017, October 10 2017, November 6, 2017, December 4, 2017 and acted upon at the meeting of December 18, 2017. Board members also walked the property at separate times. The Applicant was represented by Walter Sullivan, Attorney, and Brad McKenzie, PE, and Brian Murphy, owner. The Planning Board hearing was conducted by Gordon Carr, Gary Tondorf-Dick, Jennifer M. Gay Smith and William Ramsey. Patrick Brennan, Amory Engineers, served as the peer review engineer for the Board.
BACKGROUND AND DISCUSSION
Mr. Sullivan, Attorney for the Applicant, explained that the purpose of the applications were to permit a common driveway to serve the lots designated Lots 2 and 3 on the plans. The goal is to reduce disturbance to the resource areas and consolidate access through one curb cut, which meets the purpose of the Common Driveway By-law. One of the constraints is an existing bridge which narrows to only provide 18’ of travel lane, where the regulations require 20’. After extensive discussion with the Board and staff, the applicant provided a plan from their structural engineering team depicting how the existing bridge could be modified to provide the 20’ travel way. The Board discussed at length the easement that the property is burdened with and if that somehow detracts from the frontage. Mr. Sullivan noted that the easement is serving another property and not under the control of the applicant. Further, the lot served by the easement would not be served by the common driveway. Mr. Sullivan stated the applicant would accept a condition noting that the common driveway would not serve more than the two lots, known as Lots 2 & 3. The Board discussed the need for supplemental landscaping to help mitigate potential impacts from headlight glare from impacting the abutters. The applicant agreed to install supplemental landscaping along the driveway for that reason. The Board discussed the outstanding fire prevention comments and staff reported that the applicant was working to address them but they would be conditions of approval. The comments relate to width of paved driveway, width of easement, location of fire hydrant, and fire protection. The Board felt strongly that the common driveway should only serve the two lots as proposed, and, that those two lots should not be further modified or divided in the future. The project exceeds the required sightline distances, and, no removal of street trees in the public way. After additional discussion the Board reviewed the findings for the Special Permit A3, as follows.
FINDINGS – SPECIAL PERMIT A3
a) The parking is sufficient in quantity to meet the needs of the proposed Project;
The Board found that there is sufficient parking for the two residential houses.
b) Pedestrian access and circulation has been provided for;
The Board found that Fire department comments from September 19, 2017 and November 27, 2017 must be satisfied prior to issuance of building permit.
c) New driveways have been designed to maximize sightline distances to the greatest extent possible;
The Board found that the sight distances exceed requirements. Sightlines are existing, and not hindered by vegetation. The Fire department comments from September 19, 2017 and November 27, 2017 must be satisfied prior to issuance of building permit. The Supplemental certifications noted in the November 17, 2017 letter from Amory Engineering must be responded to prior to issuance of a building permit. We have received a revised engineered submittal but are conditioning this item to ensure sufficiency. The Board also found that the lot is burdened by an existing easement for the adjacent property.
d) It is impractical to meet these standards and that a waiver of these regulations will not result in or worsen parking and traffic problems on-site or on the surrounding streets, or adversely affect the value of abutting lands and buildings; and
The Board found that this is not applicable.
e) The granting of relief is consistent with the intent of this By-Law and will not increase the likelihood of accident or impair access and circulation.
The Board found that this project reduces impacts to resource areas by minimizing site disturbance.
VOTE AND CONDITIONS
Upon a motion made by Jennifer M. Gay Smith and seconded by William Ramsey, the Board voted 4-0 to APPROVE the Special Permit A3 with Site Plan Review as presented at the hearing and shown on the plans titled “Preliminary Landscape Plan 29 & 35 Hobart Street, Hingham, MA” prepared by McKenzie Engineering Group, Prepared for Demos Realty Trust, dated December 13, 2017, sheet SKC-1, and, “PLAN OF LAND 29 & 35 HOBART STREET (ASSESSORS MAP 99 LOTS 30 & 32) HINGAM, MASSACHUSSETTS” prepared by McKenzie Engineering Group, prepared for DEMOS REALTY TRUST, dated September 14, 2017 revised to 11/6/17, sheets C-1 and C-2, based on the findings included in the Board’s deliberations, and subject to the following conditions:
1. Fire department comments from September 19, 2017 and November 27, 2017 must be satisfied prior to issuance of building permit.
2. The Common Driveway Easement and Agreement must be provided to staff for review before it is finalized. The Agreement must be filed at the Registry with the Site Plan Review and Special Permit A3 decisions, and proof of recording provided prior to issuance of any permit for these lots, and prior to start of any site work.
3. Applicant shall provide paved driveway width of 20’ and easement width of 24’ for the entire length of the driveway from Hobart Street to the rear (second) house.
4. The supplemental certifications called out in the November 17 Amory Engineering letter must be provided and peer reviewed prior to issuance of a building permit.
5. Final plans revised per the decisions shall be provided.
6. The common driveway shall only serve Lots 2 & 3 as shown on the plans.
_____________________________
Jennifer M. Gay Smith
Chairman, Hingham Planning Board
EXECUTED this ____ day of December, 2017
Votes:
In favor: Tondorf-Dick, Carr, Gay Smith, Ramsey
Opposed: none
Cc: Clerk, ZBA, Fire, Police, Assessor, Conservation, DPW, Building, W. Sullivan, B. McKenzie, P. Brennan
NOTARIZATION
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.
_____________________________
Mary F. Savage-Dunham, Notary Public
My Commission Expires: October 29, 2021
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