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TOWN OF HINGHAM
CERTIFICATE OF ACTION
I, William Ramsey, Acting
Chairman of the Hingham Planning Board, certify that at a regularly scheduled
meeting of the Hingham Planning Board on August 18, 2014, the Board voted to APPROVE
the plan “249 Cushing Street, Definitive Subdivision Plan of Land in Hingham,
MA, 02043” prepared by James Engineering, Inc., 125 Great Rock Road, Hanover,
MA, 02339, dated May 12, 2014 with revisions thru 7/23/14 consisting of five
(5) sheets for Bruce Howard and Love Albrecht Howard, 249 Cushing Street,
Hingham, MA, 02043, (the “Applicant”) 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 the
endorsement of the Plan, the Applicant shall submit to the Board for their review a
new set of plans revised as follows:
Plans should be signed by a professional engineer and stamped by a certified
Plans shall include notes to install and maintain the subsurface infiltration
system in accordance with the O & M plan;
Plans shall include ROW width, pavement width, and proposed ROW width.
Prior to the endorsement of the Plan, a covenant is to be executed and made a
part hereof, and recorded with the Plan in the Plymouth Registry of Deeds, or a
Letter of Credit in an amount sufficient to the Board to secure performance of
the construction of
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,
3. 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.
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.
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.
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.
7. Approval by the Planning Board of this Plan
shall not be treated as, nor deemed to be, approval by the Conservation
Commission for a permit for construction or use on any lot.
Utilities shall be placed on all lots to the satisfaction of the appropriate
public or private authority. The Applicant shall deliver to the Planning Board
written approval of the design from each authority prior to the issuance of a building
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 presented to the Planning Board prior to construction.
The roadway, drainage facilities and other utilities within the Subdivision
shall remain private and shall not be accepted nor maintained 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 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
Each deed for any lot or lots within the Subdivision shall specifically set
forth that the conveyance of such lot or lots is subject to the conditions set
forth in this Certificate of Action and in the Declaration.
Prior to the start of construction or site clearing, an Erosion and
Sedimentation Control Plan prepared in accordance with DEP requirements (and
including details of hay bales and siltation fence) shall be submitted for
review by the Town Planner and the Conservation Agent.
Inspection by the Board’s engineer is required during the installation of the
subsurface drainage system to ensure compliance with the manufacture’s
The Board voted unanimously to GRANT the
following request for waivers from the Planning Board Rules and Regulations:
Section 4.B.2 (e):
to allow a 3.5' wide reserve strip between the proposed roadway and the
abutter to the North.
Section 4.B.4(b): to allow the use of a hammerhead in
lieu of a circular paved cul-de-sac.
Section 4.E. Drainage:
to allow the use of subsurface drainage systems located within the
limits of the cul-de-sac.
Section 5.N.: to
allow the use of concrete bounds rather than granite monuments.
Figure 1 - 5M:
Modify side slope outside the ROW to save specimen trees.
Section 4.B.3.d (on page 35): to allow a 2 1/2 foot offset between the way
for Beck Lane and this proposed driveway.
The paved area for both ways is proposed to be directly opposite from
Acting Chairman, Hingham
Cc: Gary James, P.E., Building Commissioner, Town