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Certified Mail #7016 3010 0000 2615 0299


Site Plan Review in Association with a 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
Assessors 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

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, 2017and 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.

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. 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 should be conditions of any approval should the board act. 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 there will be no removal of street trees in the public way.

Based on the information submitted and presented during the hearing, and subject to satisfaction of the conditions set forth below, the Board made the following findings under Section I-I, 6 of the By-Law:
a. protection of abutting properties against detrimental uses by provision for surface water drainage, fire hydrant locations, sound and site buffers, and preservation of views, light and air, and protection of abutting properties from negative impacts from artificial outdoor site lighting;

The Board found that the Applicant has agreed to add a fire hydrant to the plans, has added evergreen trees along the driveway for screening headlight glare on Lot #2 per the landscape plan, and further, supplemental evergreen plantings shall be added on the west side of the driveway curve north of the bridge for screening headlight glare from the house driveway on Lot#3.

b. convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets; the location of driveway openings in relation to traffic or to adjacent streets, taking account of grades, sight distances and distances between such driveway entrances, exits and the nearest existing street or highway intersections; sufficiency of access for service, utility and emergency vehicles;

The Board found that Applicant has agreed to modify plans to provide 20’ width at bridge and up to the second house, and provide a 24’ easement for the entire length. The Fire department comments of September 19, 2017 and November 27, 2017 must be satisfied prior to issuance of building permit. The supplemental certifications called out in the November 17, 2017 Amory Engineering letter should be provided prior to issuance of a building permit.

c. adequacy of the arrangement of parking, loading spaces and traffic patterns in relation to the proposed uses of the premises; compliance with the off-street parking requirements of this By-Law;

The Board found that the common driveway easement must be finalized and recorded with the decisions at the Registry of Deeds, and that the lot is burdened by an easement for adjacent property.

d. adequacy of open space and setbacks, including adequacy of landscaping of such areas;

The Board found that the parcels are mostly wooded and/or wetland areas now, and that the site disturbance is being minimized with the implementation of the common driveway.

e. adequacy of the methods of disposal of refuse and other wastes resulting from the uses permitted on the site

The Board found that this is not applicable.

f. prevention or mitigation of adverse impacts on the Town’s resources, including, without limitation, water supply, wastewater facilities, energy and public works and public safety resources;

The Board found that a special permit A3 is required, and that the applicant must work with the Fire Department to satisfy comments dated September 19, 2017 and November 27, 2017.

g. assurance of positive storm water drainage and snow-melt run-off from buildings, driveways and from all parking and loading areas on the site, and prevention of erosion, sedimentation and storm water pollution and management problems through site design and erosion controls in accordance with the most current versions of the Massachusetts Department of Environmental Protection’s Storm Water Management Policy and Standards, and Massachusetts Erosion and Sediment Control Guidelines.

The Board found that the peer review engineer has reviewed the drainage and has noted it is adequate and the plans have been revised to incorporate all the peer review comments.

h. protection of natural and historic features including minimizing: the volume of cut and fill, the number of removed trees of 6 inches caliper or larger, the removal of stone walls, and the obstruction of scenic views from publicly accessible locations;

The Board found that any removal of trees in the public way might require shade tree hearings.
i. minimizing unreasonable departure from the character and scale of buildings in the vicinity or as previously existing on or approved for the site.

The Board found that this is infill development of two single family homes in a single family neighborhood.

Upon a motion made by William Ramsey and seconded by Gary Tondorf-Dick, the Board voted 4-0 to APPROVE the Special Permit A3 with Site Plan Review for the Common Driveway at 266-276 Whiting Street as presented at the hearings and as shown on the plans titled “Common Driveway Development Plans for Proposed Penniman Hill Farm & Garden, Inc.”, prepared by Bohler Engineering, dated 12/22/16, revised to 3/28/17, 4 sheets, incorporated herein by reference, based on the findings, and subject to the following conditions:

1. Evergreen trees shall be added along the driveway for screening, and any plantings must be set back from the driveway sufficiently to account for mature width and must be of an evergreen species acceptable to the conservation commission.
2. Lighting shall be limited to driveway lanterns.
3. In addition to the trees shown on the Landscape Plan, supplemental plantings of an evergreen species shall be added on the west side of the driveway curve located to the north of the bridge.
4. The plans provided with the application for the foundation and/or building permit to the rear house shall include a sheet calling out the proposed distance to the nearest fire hydrant to demonstrate if an additional hydrant is needed. Prior to issuance of Certificate of Occupancy the as-built plans shall verify the distance to the hydrant. If the Fire Department determines that the distance exceeds 800’, the additional hydrant must be installed prior to the issuance of the Certificate of Occupancy.

5. 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.

6. Fire department comments of September 19, 2017 and November 27, 2017 must be satisfied prior to issuance of building permit.

7. The supplemental certifications called out in the November 17, 2017 Amory Engineering letter must be provided and peer reviewed prior to issuance of a building permit.
8. 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.
9. The common driveway shall only serve Lots 2 & 3 as shown on the plans.
10. Police details may 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 imported/exported from the site during construction of the driveway or drainage improvements.
11. Fire Department comments dated September 19, 2017 and November 27, 2017 must be addressed to the satisfaction of the fire department.
12. A Special Permit A3 Common Driveway approval is required.
13. A preconstruction meeting shall be held with the team managing the site and the Town Planner and Conservation Agent. Limits of clearing shall be clearly marked with silt fence or other clearly visible orange fencing prior to the start of work. Erosion Controls should be in for inspection at this point also.

14. During construction the staging areas must be outside of the resource areas, and, protected by erosion controls except as approved by the Conservation Commission.

15. Applicant must secure an amended order of conditions, or other permitting as required.

16. Removal of trees in the public way requires shade tree hearings.

17. There shall be no further division of or modification to the parcels served by the common driveway.

Jennifer M. Gay Smith
Chairman, Hingham Planning Board
EXECUTED this ____ day of December, 2017

In favor: Tondorf-Dick, Carr, Gay Smith, Ramsey
Opposed: none

Cc: Clerk, Fire, Police, Assessor, Conservation, DPW, Building, W. Sullivan, B. McKenzie, P. Brennan.


EXECUTED this ______ day of December, 2017


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