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April 10, 2018 Certified Mail #7016 3010 0000 2614 2461 Canterbury Street, LLC.156 Union StreetHingham, MA 02043Re: Patterson Pond Estates – 29 Canterbury Street Definitive Subdivision Plan Reference “Patterson Pond Estates Definitive Subdivision, 29 Canterbury Street, Hingham, MA 02043”, prepared by CHA Consulting, Inc., 101 Accord Park Drive, Norwell, MA 02061, prepared for Canterbury Street, LLC. 156 Union Street, Hingham, MA 02043, dated 8/28/17, revised to 2/2/18, 39 sheets, as amended.BackgroundThis project proposes the construction of a residential subdivision consisting of five (5) new lots, with one remaining developed lot from a total of 9.54+/- acres at 29 Canterbury Street, also known as Assessors’ Map 43, Lot 2. The Definitive Subdivision was submitted on April 26, 2017, duly noticed and heard at posted hearings on 6/5/17, 7/10/17, 9/11/17, 9/18/17, 12/4/17, 12/18/17, 1/16/18, 2/12/18, 2/26/18, 3/5/18, 3/12/18, and 4/2/18. Discussion The primary applicant team included John Woodin, Applicant; Jeffrey Tocchio and Scott Golding, Attorneys; Gabe Crocker, P.E., Design Engineer, CHA; Don Rose, P.E., CHA; and, Ryan Associates, landscape architect services. John Chessia, Chessia Consulting, served as the peer review engineer for the Board. The Planning Board panel included Jennifer Gay Smith, Gordon Carr and William Ramsey. Jennifer Gay Smith missed the hearing of June 5, 2017 but subsequently reviewed the meeting recording and completed a Mullins Affidavit for the file. This site is challenging due to the existing topography and geology. This is a wooded site with extensive ledge outcrops and steep slopes. Drainage presently flows to Canterbury Street or towards the existing Patterson Pond, which is a former ice pond. The Board spent a great deal of time discussing the drainage patterns as well as the existing conditions related to drainage on both Canterbury Street, and, at Patterson Pond. On the Canterbury Street side the existing street drainage system was found to be compromised in several location by utility poles and in otherwise poor condition. In addition, there is a shallow swale along Canterbury Street presently that collects storm water during rain events and overtops the road at times creating a flooding condition. The Department of Public Works requested that the Applicant try to divert as much drainage as possible towards Patterson Pond in an effort to reduce drainage to Canterbury Street in part due to the concerns about the existing street drainage system in Canterbury Street. The Applicant was also asked to improve drainage conditions along Canterbury Street through project design. During the review process it became evident that the existing Patterson Pond dam was in very poor condition and in fact partially breached and in need of improvements. This Applicant, under a separate application with the Conservation Commission, applied for a permit to improve the private dam, and, stated that moving forward the dam will remain private and be the responsibility of the Homeowners Association. This project also accepts drainage from two adjacent Form A lots previously permitted on Canterbury Street, and as such, the drainage design for the storm water flowing towards Patterson Pond includes both “public” and “private” drainage systems. The “public” drainage system receives storm water from the subdivision road Jordan Way which is intended to be advanced to the town for acceptance once it has been completed. If the town does not accept the way for some reason the ongoing maintenance responsibilities would fall to the Homeowners Association. The “private” drainage system will remain the responsibility of the Homeowners Association in perpetuity. The Board worked to preserve the existing streetscape and natural features as much as possible by trying to limit ledge removal and tree clearing both along Canterbury Street and throughout the subdivision. As a result the Applicant has identified tree preservation areas which will remain wooded in perpetuity, with boulders marking the boundaries of the tree preservation areas spaced 25’ on center. The plan showing the tree preservation areas is to be included as part of the Homeowners Association Declaration. The Applicant has also agreed to work to limit ledge removal along the subdivision roadway during construction. Both of these efforts will help retain some of the original features and natural character of the site. The Board also suggested that the Applicant reconstruct the stone columns that exist at the driveway opening now as part of the project because they are a distinctive feature of the streetscape, and the Applicant agreed to do so. The Board indicated that the column location Option A, closest to Canterbury Street, was the preferred location for the reconstructed columns. This project was closely reviewed by the Public Works Department due to the extensive drainage design, particularly in light of the expressed intent to have Jordan Way become an accepted way, and, because the Applicant agreed to improving drainage infrastructure for the town as part of the project build out to help relieve existing drainage deficiencies that were identified during project review. The Applicant provided a letter dated March 30, 2018 detailing their commitments to the Department of Public Works (DPW), and the DPW provided a letter of support for the project dated April 2, 2018. This project includes requests for waivers from the Rules and Regulations in support of the final design. The Board encouraged the Applicant to reduce the waivers to the greatest extent possible, and discussed the design details of the waivers at several hearings. In some instances, eliminating one waiver would result in the need for a waiver of another standard. The Board scrutinized the waivers being requested to understand the need, and to understand if they had granted the same waiver previously on other projects. The Board also discussed the possibility of additional lots being created out of the remaining land of this subdivision and had concerns about possible new development in that the drainage system as modeled included all of the land with specific assumptions about impervious cover and the drainage divides, as well as the ability of both the pond and the drainage system in Canterbury Street to accept additional storm water. The Board felt that as part of any future development of the remaining land with additional residential lots the proponent at that time should be compelled to review the impact of the drainage alterations on the subdivision drainage to ensure the overall subdivision drainage design which the land is part of isn’t negatively impacted. The Board discussed adding a restrictive condition but ultimately determined that any future development of residential lots would likely trigger Section IV.B.6.b of the By-law, and as such the drainage would be reviewed at that time. Discussion of WaiversThe Board then discussed the waivers as a whole and made general findings regarding the public benefit of the waivers associated with this project and found that: 1. As part of this subdivision the proponent has committed to fairly substantial public infrastructure improvements including replacement of 590 lineal feet of drain pipe; replacement/upgrades to 6 drainage structures; installation of a new private dam at Patterson Pond to replace the existing, old, breached dam thus improving the pond capacity and functionality; and the upgrade or replacement of existing public culvert under Weir Street. These infrastructure improvements combined with the drainage plan significantly reduce the amount of overland flow of water to Canterbury Street relieving pressure on that system. In addition, the project will eliminate a frequent flooding condition on Canterbury Street improving public safety. 2. These waivers are not inconsistent with Subdivision Control Law and provide a public benefit for this specific project as designed.3. The Hingham Department of Public Works supports this design as stated in the letter of April 2, 2018.The Board then discussed the waivers individually and made additional specific findings, as follows: 1. Section 4.E – To allow separation to groundwater for Storm water Systems 1 and 2 less than 12-inches. The Board found that the design helps to satisfy the subdivision's drainage needs while providing significant hydraulic relief/capacity for this portion of Canterbury Street, as demonstrated by the elimination of the flooding up through the 100-year storm at the sag in the street. 2. Section 4.E – To allow for the infiltration basin not to be on its own lot. The Board found that this has been granted by the Board on other projects for subsurface roof infiltration. In addition, the water collects in this location now informally and the applicant is improving the capacity and formalizing the infiltration basin, and also providing a connection to the town drainage in a piped fashion to prevent overland discharge that could result in hazardous conditions at this intersection. The DPW is requiring an easement over this basin.3. Section 5.L1.4 – To allow for the use of ADS Piping for Drainage in Lieu of Reinforced Concrete Pipe. Also, to allow less than 2.5 feet of cover over drain pipes for the following pipe segments:a. CB 1 & Storm water Basin 2,b. CB 2 and Storm water Basin 1,c. CBs 3 & 4 and DMH 2,d. DMH 2 to DMH 2A to DMH 1B to DMH 1A to SW Basin 2.The Board found that this strikes a balance between the requirement to provide invert elevations into the basins at or above the 10 year design storm elevation while still maximizing the amount of cover over the pipes to the extent possible. For these pipes with less than 2.5 feet of cover, heavy duty Class 5 RCP pipe is proposed in lieu of standard Class 3 RCP or HDPE pipe. The Board has granted this waiver before with the requirement for Class 5 RCP pipe as a condition. 4. Section 5.P1 – To allow private drainage to connect to the existing town drainage structures for outfall of Storm water Systems 2 & 3.The Board found that these formalized piped connections greatly reduce the opportunity for icing conditions compared to surficial drainage discharge in these locations. The applicant has further reduced the scope of the waiver in consultation with the DPW.5. Figure 1 – To allow the side slopes of Jordan Way (outside the Right-of-Way only) to extend up to either ledge, ledge cuts at a slope of 2H: 1V outside of the Right-of-Way. The Board found that this will allow the roadway side slopes to tie back into the surrounding ledge and allow the remaining ledge to be exposed as a landscape feature. The Applicant has agreed to walk the layout after it has been staked with the Town staff (DPW, Town Planner, and peer review engineer) to identify opportunities to limit ledge removal.6. Table 1 – Minimum Design Standards for Streets – To allow for the use of 12” rather than 18” wide cape cod berm. The Board found that it reduces the total amount of pavement area and utilizes the current industry standard curb width of 12”. 7. Section R1.22 - To allow the 12” cape cod roadway berm to continue along the catch basins for consistency with rest of roadway curbing rather than transitioning to granite curb at each catch basin location and Section 5 L1.5 - Granite curbing is not proposed at catch basin inlets. The Board found that this will allow for the use of a uniform curb type and configuration throughout the subdivision. 8. Section 3.C.2. (s) & Section 5 L1.1 - To allow waivers to the Storm water Recharge requirements of the most current version of the Massachusetts DEP Storm water Management Policy and Standards and the Massachusetts Erosion and Sedimentation Control Guidelines. The Board found that the applicant has worked to have recharge to the maximum extent practicable given the soil and ledge characteristics of the site. It is reasonable to grant the requested waiver to both Section 3.C.2. (s) & Section 5 L1.1. CERTIFICATE OF ACTIONI, Jennifer M. Gay Smith, Chairman of the Hingham Planning Board, certify that at a regularly scheduled meeting of the Hingham Planning Board on April 2, 2018, the Board voted to APPROVE the plan “Patterson Pond Estates Definitive Subdivision, 29 Canterbury Street, Hingham, MA 02043”, prepared by CHA Consulting, Inc., 101 Accord Park Drive, Norwell, MA 02061, prepared for Canterbury Street, LLC., 156 Union Street, Hingham, MA 02043, dated 8/28/17, revised to 2/2/18, 39 sheets, as amended, prepared for Canterbury Street, LLC. (the “Applicant”), 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:A. Prior to endorsement of the Subdivision Plan:1. The Applicant shall submit to the Planning Board for review and approval a new set of plans revised as follows:a. 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";b. The Cover Sheet shall have a note stating that “this subdivision is subject to the conditions in the Certificate of Action dated ______”;c. Add headwall to storm water outlet toward Patterson Pond;d. Add a Legend to the Existing Conditions Plan;e. Add stationing labels on plan view in profiles;f. Add cross culverts to profile sheets;g. Add 10 and 100 year flood elevations based on proposed conditions to plan sheets for Storm water Basins and Patterson Pond, and the extent of the drainage easement around Patterson Pond;h. Identify Updated Earthwork Computation to Plan View;i. Add note to maintain swale at Elev. 53 in Canterbury Street;j. Update details for Outlet Control Structures 2 & 3 to match Hydrology Model;k. Add planting schedule for wet basins;l. Add details to prevent groundwater breakout on wet basin side slopesm. Address cover & type for Water Quality Unit toward Canterbury Street; n. Add sight lines to Landscape Plans;o. Add tangent grade 100’ from intersection;p. Unmask utilities on Sheet C-206;q. Add note referencing Section C1 – Clearing, Grubbing, Excavation;r. Add a note referencing Section D1 – Excavation/Backfill;s. Add a note referencing Section L1 - MassDOT Specifications;t. A Drainage Schematic showing the proposed drainage systems per Figure 3 to satisfy section 3.2.(j);u. Update Waiver List on Cover Sheet to identify outcome of waiver decisions by the Planning Board;v. Change the plans to call out a 10’ street tree setback not “street tree easement”.w. Add a note regarding drainage assumptions for lot 6;x. Existing easements noted on the plans should have book and page recording information cited. Clearly call out proposed private easements. y. Construction sequence note 2 replace “shall also be invited” with “and police chief must be present”.z. Plan must show the preferred location (Option A) of the stone columns as determined by the Board. aa. Provide additional design detail to protect the steep slope below the proposed level spreader.bb. Revise plans to show the modified drainage configuration at the terminus of Jordan Way through the drainage easement to the pond. cc. Move the existing catch basin in Canterbury Street at the proposed roadway intersection to the curb line.dd. Remove proposed private sewer easement.ee. Add notes to utility plan calling out the fire hydrant closest to Canterbury Street as the public hydrant required by the town, and then identify the hydrant in the cul-de-sac as a private hydrant, and identify if Aquarion or the HOA will be responsible for ongoing fees and maintenance of private hydrant.ff. Identify the proposed Tree Preservation Area markers on the plans in accordance with the “Tree Preservation Area Boundary Markers” detail prepared by Ryan Associates dated 3/29/2018, boulders to be spaced 25’ on center. gg. Applicant shall discuss with the DPW the advisability of replacing the private drainage jellyfish unit Sheet C-203A with two in line CDS units for ease of maintenance for the HOA moving forward. The design must meet the TSS removal standard.2. Applicant shall submit to the Planning Board for review and approval the following documentation:a. MassDOT Class V Pipe cover requirements to document minimum pipe cover for those pipes subject to the waiver request work for Class V RCP pipe. b. Sizing Calculations for Storm Pipe Discharging to Pond, including drainage not located within the roadway layout.c. All drainage easements in draft form from owners of Patterson Pond;d. An easement over Lot A to allow for overflow from the wet basins as shown on sheet C-103. e. Updated outlet discharge computations for Roof Recharge Systems for Lots 5A and 6A. f. Documentation to confirm Outlet from ANR Lots 4/5 was reduced from 4” to 3” in diameter. g. Updated Canterbury Hydrology Model to include additional area of bottom of basin to be a CN of 98 and model permanent pool created by culvert crossing. h. Documentation of the impervious area tributary to catch basin to confirm less the ¼ acre is tributary to obtain TSS removal credit.i. Comparison of impervious area of existing driveway vs. impervious area to lower 2 CBs at Roadway Intersection to demonstrate area reduced per Redevelopment criteria in MA Storm water Regulations.j. Storm water O&M shall be updated to reflect the current design including the wet basin requirements and inspection & maintenance of storm water outlets and slopes downstream of outlets.k. A draft homeowners’ association (“HOA”) document (a “Declaration”) in recordable form which provides at a minimum:i. a clear description of the tree preservation areas, with an exhibit plan, and requirement that healthy trees currently existing will be maintained, and removal of unhealthy trees and general maintenance of trees, including cutting or pruning of limbs and branches is permitted; but the tree preservation areas should otherwise be left in a natural wooded state; ii. details regarding the maintenance responsibilities for the Dam and the private drainage, including but not limited to Basin 3 and any and all drainage labeled as private;iii. the granting of access rights to the pond for the lots;iv. establishment of a capital account to finance the periodic maintenance of the drainage systems, basins and dam;v. drainage easement over lots 5a and 6a as shown on sheets C-104;vi. the O&M plans for the private drainage and Dam; vii. requirement that until the road is accepted, and if the road is not accepted, by the town as a public way, the HOA will (a) be responsible for the plowing, maintenance and drainage of the subdivision road shown as Jordan Way and appurtenant drainage structures, as well as any private drainage which is intended to remain the responsibility of the HOA even after road acceptance, (b) provide an easement to the HMLP for the street lighting within two months after the determination by the HOA or the Town that the way will remain private, and (c) maintain both of the water hydrants;viii. acknowledgement that the hydrant at the southeast side of the cul-de-sac is a private hydrant and that the HOA is responsible for the maintenance in perpetuity; ix. provision that the Town of Hingham is a third party beneficiary for purposes of enforcing provisions of the Declaration set forth in vii(b); and,x. statement that provisions of the Declaration required pursuant to this Certificate of Action may not be amended unless the Planning Board has approved a modification of the corresponding condition(s) of the Certificate of Action.3. A complete final stamped set of drainage calculations.4. A covenant, to be executed and made a part hereof, and recorded with the Subdivision Plan in the Plymouth Registry of Deeds, or other performance guarantee in an amount sufficient to the Planning Board to secure performance of the construction of ways and the installation of municipal services required for the lots shown on the Subdivision Plan, shall be provided pursuant to the Massachusetts General Laws Chapter 41, Section 81U.B. Prior to Commencement of Construction1. Limits of clearing as depicted on the Subdivision Plan shall be clearly marked in the field with the installation of a staked mulch log, silt fence, or orange construction fence and shall be inspected by the Planner and/or the peer review engineer prior to the start of work. 2. No work on the subdivision shall commence without an approved Storm Water Pollution Protection Plan (SWPPP) in place. The SWPPP must be submitted to the Planning Board, Conservation Commission and the Planning Board’s peer review engineer for review a minimum of one month prior to the start of construction. The SWPPP must be phased consistent with any proposed phasing of the project and shall identify the detailed Erosion & Sedimentation Controls to be utilized during the different phases of the work. 3. Prior to the start of construction or site clearing there shall be a preconstruction meeting attended by the applicant team, the Conservation Officer, the Town Planner, the peer review engineer for the Planning Board, and the Police Chief or his proxy to review the installation of the erosion control measures, the SWPPP, the project timeline, and the schedule for police details.4. All private easements required for construction of the Project are to be recorded with the endorsed Subdivision Plan prior to start of work and proof of recording shall be provided to the Planning Board.5. Applicant shall submit a plan for 47 Canterbury Street that modifies the outlet from the basin on that lot to reflect the new outlet elevation and size identified in the hydrology model as part of the foundation permit applications for 39 & 47 Canterbury Street. 6. After the layout has been staked in accordance with Section 6.d Lines and Grades the Applicant will walk the layout with the Town staff (DPW, Town Planner, and peer review engineer) to identify opportunities to limit ledge removal.C. Conditions During Construction1. Police details shall be required at the discretion of the Chief of Police to assist in managing construction traffic entering or exiting the subdivision, and when material is being exported during construction of roads or individual lots. 2. The bounds along the outside boundaries of the subdivision must be set and surveyed at the start of the active construction. 3. Prior to paving, the Applicant must submit to the Planning Board’s peer review engineer and the Town Planner an interim as-built plan showing all set bounds, sewer and drainage installation and spot grades sufficient in the peer review engineer’s reasonable determination, to demonstrate conformance with the approved Subdivision Plan, including the design of the drainage systems. All of the subsurface drainage systems must be shown on the as-built. The paving may not begin without the written authorization of the Town Planner.4. The approved storm water calculations for the Project rely on construction of a new dam at the west side of Patterson Pond. Prior to issuance of the first building permit, other than foundation permits, for any of the lot that drains toward the pond, the dam shall be fully permitted and dam construction commenced. Site work for the Project can occur simultaneously with dam construction, however the outlet pipes that discharge private and public drainage, as shown on Exhibit # C203-A shall not be activated until dam construction is complete as evidenced by a partial or full Certificate of Compliance from the Conservation Commission. No building permits for vertical construction of houses (beyond foundation permits) will be issued until the dam construction has been completed as evidenced by a partial or full Certificate of Compliance from the Conservation Commission.5. The approved storm water calculations rely on construction of storm water basins in Drainage Lots D1 and D2 adjacent to Canterbury Street. Prior to issuance of the first building permit for any lot within the Project, the basins shall be built. Foundation permits may be issued and the site work is authorized to begin at the simultaneously with the construction of the storm water basins, but no building permits for vertical construction of houses may be issued until the drainage infrastructure serving the entire subdivision is in place. 6. Prior to the issuance of the first certificate of occupancy for any lot in the subdivision, Applicant shall complete, to the satisfaction of the Hingham Department of Public Works, the work set forth in that certain Commitment Letter to the Hingham Department of Public Works dated 3/30/2018. 7. Any ledge blasting shall be carried out in accordance with the Blasting Procedure submitted by South Shore Drilling and Blasting, dated February 2018 and in accordance with applicable law. 8. Prior to backfill, the bottom of the roof recharge system on each lot of the Project shall be inspected by the peer review engineer to verify that a minimum of two (2) feet of free draining sand or gravel has been provided underneath each system. 9. The Applicant shall coordinate inspections with the peer review engineer consistent with the Subdivision Regulations, and provide construction schedule updates to the Planning Board and peer review engineer weekly via email. D. General Conditions1. All work shall be performed in accordance with the Subdivision Plan, this Certificate of Action, 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. 2. The Applicant shall complete all work shown on the Subdivision Plan, including all ways, drainage facilities, and utilities, within two years of the date of endorsement of the Subdivision Plan or this approval of the Subdivision 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. Drainage design for individual lots shall be provided for review and approval prior to the issuance of each building permit. If the drainage design changes such that the drainage assumptions as approved are no longer valid a request for a subdivision modification shall be required.4. The export of material from each house lot shall be quantified prior to the issuance of the building permit for each lot to determine compliance with Section V-C of the Zoning By-Law. 5. Each deed for any lot or lots within the Project shall specifically set forth that the conveyance of such lot or lots is subject to the Certificate of Action and the Declaration.6. Street trees must be planted prior to issuance of the first certificate of occupancy for any lot shown on the Subdivision Plan.7. The dam replacement and related drainage improvements must be completed prior to the issuance of the first permanent certificate of occupancy for any lot in the Project.8. In addition to the work identified in Condition C.6 above, the Applicant shall fulfil all other obligations as set forth in the Public Works Commitment Letter dated March 30, 2018. 9. There shall be no additional lots or access created off of the subdivision road known as Jordan Way.WAIVERS A. The Board voted unanimously to GRANT the following request for waivers from the Planning Board Rules and Regulations, unless otherwise noted:1. Section 4.E – To allow separation to groundwater for Storm water Systems 1 and 2 less than 12-inches. 2. Section 4.E – To allow for the infiltration basin not to be on its own lot. 3. Section 5.L1.4 – To allow for the use of ADS Piping for Drainage in Lieu of Reinforced Concrete Pipe. Also, to allow less than 2.5 feet of cover over drain pipes for the following pipe segments:a. CB 1 & Storm water Basin 2,b. CB 2 and Storm water Basin 1,c. CBs 3 & 4 and DMH 2,d. DMH 2 to DMH 2A to DMH 1B to DMH 1A to SW Basin 2.4. Section 5.P1 – To allow private drainage to connect to the existing town drainage structures for outfall of Storm water Systems 2 & 3.5. Figure 1 – To allow the side slopes of Jordan Way (outside the Right-of-Way only) to extend up to either ledge, ledge cuts at a slope of 2H: 1V outside of the Right-of-Way. 6. Table 1 – Minimum Design Standards for Streets – To allow for the use of 12” rather than 18” wide cape cod berm. 7. Section R1.22 - To allow the 12” cape cod roadway berm to continue along the catch basins for consistency with rest of roadway curbing rather than transitioning to granite curb at each catch basin location and Section 5 L1.5 - Granite curbing is not proposed at catch basin inlets. 8. Section 3.C.2. (s) & Section 5 L1.1 - To allow waivers to the Storm water Recharge requirements of the most current version of the Massachusetts DEP Storm water Management Policy and Standards and the Massachusetts Erosion and Sedimentation Control Guidelines. Jennifer M. Gay Smith, ChairmanHingham Planning BoardCc: Building Commissioner, Conservation, BOH, Sewer Commission, Town Clerk, DPW, R. Fernandes, S. Girardi, J. Chessia, G. Crocker, J. Tocchio, S. Golding, G. James, R. Nowlan.NOTARIZATIONEXECUTED this _____ day of April 2018Commonwealth of MassachusettsPlymouth, ss April ____, 2018Then 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