Minutes October 16, 2006
Regular Meeting
Planning Board Agenda for Monday, October 16, 2006
Scheduled
7:00 PM Christina Estates at Baker Hill Requested Modification to Layout of Bridge Walking Paths-Access Issue
8:00 PM 10 Downer Avenue- Hingham Federal Credit Union Re-Open Site Plan Review Hearing
8:30 PM Ridgewood Crossing Update and Request for Minor Modification re: Site Grading
Old/New Business
Minutes/Bills
Sign Regulatory Agreement for Ridgewood Crossing LIP Units
Form A for Hingham PreSchool
_______
Present: Planning Board Members, Susan Murphy, Chair, Paul Healey, Clerk,
Tod McGrath, Judy Sneath. Also present was Planner Katharine Lacy.
Ms. Murphy opened the public meeting at 7:13 P.M. at the Hingham Town Hall.
RE: Christina Estates at Baker Hill Requested Modification to Layout of Bridge and Walking Paths-Access Issue
Present for the Applicant: Jeffery Tocchio and Kelly McCarthy, Drohan, Hughes, Tocchio and Morgan; Dave Gooley, Intoccia Construction and Steve Silva, Coler and Colantonio.
Mr. Tocchio explained that applicant has submitted drawings showing a proposed modification to the grading plan for the bridge and access road intended to better blend in with the yards and driveways of the two abutting residential properties on Hilltop Road (Lot 15 and Lot 20). Mr. Tocchio explained that throughout the construction process, the contractor and the residents raised questions regarding grading and drainage associated with the access road. Abutters were concerned that, as designed, the access road would be higher than their driveways and garages, causing run-off onto their properties. According to Mr. Tocchio, the issues are a function of the elevations at which the homes were constructed as well as the presence of retaining walls, fences and a swimming pool in areas where the original subdivision plan showed grading work needed to install the road and bridge. The proposed revision is the result of several meetings on site with the residents, the contractor, town staff, and the developer.
Engineer Steve Silva explained that the proposed changes include a minor change in the road profile, the installation of two small retaining walls, additional slope stabilization requirements, and the redirection of a small portion of the storm water discharge into the resource area. He noted that the approved design was consistent with the approved design with respect to storm water impacts to Town Brook, and the adjacent resource area. Ms. Lacy reported that consulting engineer Nick Lanney has reviewed the design, and has confirmed that it will not change the amount of flow to Town Brook. Nick also had several specific questions and comments about the design, which he included in a memo, dated October 16, 2006.
Paul Healey asked if the roadway would exceed 8% slope in any section, and Mr. Silva said that it would not. Judy Sneath asked if the project had been approved by the Hingham Conservation Commission, and Mr. Silva said that they were scheduled to appear before the Conservation Commission on September 30.
Abutter Michael Leen presented the Board with a memo indicating that he had discussed the plan with the developer, and that he and the developer had agreed to the following items:
. Extend timber wall to meet the property line,
. Regrade property to match grading of bridge,
. Move/reinstall aluminum fence
. Landscape left quarter of back yard (loam and hydroseed)
. Install evergreen and other plantings to hide walls of bridge
. Replant existing trees along rear of property
. Enhance appearance of bridge by covering with stone masonry.
Mrs. King (lot 20 Hilltop Road) expressed concern that the proposed grading changes would cause drainage problems on her property by creating a gully effect where water would run. Mr. Silva noted that, if given permission to modify the grading on the King's property that they could create a more smooth transition from the bridge to the King's pool area. Ms. King agreed to this request.
Judy Sneath asked how the abutters would be protected if it turned out that, in fact, the design did result in drainage issues on their property. Ms. Murphy said that as long as the subdivision is still ongoing, lots and the bond would be held, and that the Board would keep an eye on it.
Ms. Murphy noted that Nick Lanney had reported that the paving detail on the proposed modification was different than the detail on the approved plan. The subdivision plan calls for 24 inches of gravel, 3 ½ inches of black base, and 1 ½ inches of surface course, whereas the revision calls for 12 inches of gravel, 1 ½ inches of binder course, and 1 ½ inches of surface course. Mr. Silva said that he would change the detail to reflect the approved plan. Mr. Leen asked that the granite bounds marking the property lines be installed as soon as possible. Ms. Murphy said that the Board would require that bounds be installed as soon as the proposed work is completed. Ms. Murphy asked Mr. Silva to come back to the Board at their next Meeting (October 23) with a revised plan showing all changes discussed and agreed upon to date, and the Board would vote on the modification at that time.
Walking Paths
Mr. and Mrs. Nordin (owners of Lot 6) and Mr. Barry (owner of Lot 7) came before the Board to discuss the legitimacy of the network of walking paths included in the subdivision. The Subdivision Plan and Certificate of Action reference a network of walking paths at the Baker Hill Subdivision. One portion of the path passes behind Lots 5, 6, and 7 Baker Hill Drive (adjacent to the properties of Ryan, Street and Barrett on Bradley Park Drive). The Nordins (owners of Lot 6) stated that they have reviewed their deed and the recorded plans and they could find was no reference to a walking path, and have thus determined that the public has no right to pass over their property.
Mr. Tocchio countered that their deed references the Certificate of Action, and the full set of Subdivision Plans (71 pages) both of which clearly describe the walking paths.
Mr. Ryan of Bradley Park Drive pointed out that the provision of the paths was one of the few perks provided to the abutters, who had seriously considered pursuing adverse possession as a means to maintain access to the hill.
Planning Board members acknowledged that the Nordins had identified a problem which needed to be resolved, but explained that it was outside of the Board's authority to rule on this issue. Paul Healey explained that he had been involved with the subdivision for more than 12 years, and noted that the walking paths were a critical element in getting the support of the neighbors for the project, and ultimately getting the project approved. Ms. Murphy noted that it was incumbent upon the applicant to resolve this issue to the Board's satisfaction, and specified that lot releases would be held until the path network was secured. Jeff Tocchio noted that the most expeditious way to resolve this issue might be through a request for Declaratory Judgment from the court.
At the end of the hearing Ms. Street raised the issue of who was going to maintain the trees planted in the buffer zone behind her house. Mr. Gooley stated that he had already met with Mrs. Street and had committed to doing whatever replanting was needed. The Board encouraged the applicant to continue to work cooperatively with the abutters.
RE: 10 Downer Avenue- Hingham Federal Credit Union (HFCU) Re-Open Site Plan Review Hearing
Present for the Applicant: Don Lonergan, Architect, and Joe Bean HFCU
The applicant had come before the Board on October 2 for Site Plan Review in association with the renovation of the existing structure at 10 Downer Ave. (formerly the Visiting Nurses) for the location of their new facility. The Applicant is seeking a Building Permit to initiate the work, and will be coming in a few weeks to the ZBA to request a variance and Special Permit A-2 under Section III (A) 4.11A of the Zoning By-Law.
At the October 2 meeting the Board voted to approve the Site Plan with several conditions relative to the site entrance/exit on Crow Point Lane. Specifically, they recommended that the applicant move the entrance southward towards Route 3A. Following the hearing, however, the Board was contacted by Deputy Police Chief Charles Souther, who expressed some concerns about the safety of the proposed location of the new entrance/exit to Crow Point Lane in light of the poor visibility looking south towards Route 3A. Visibility problems are caused by the presence of evergreen planting in the right-of-way, as well as the presence of a solid wooden fence along the property line with the neighboring Exxon Station.
In light of this input, it was moved, seconded and SO VOTED, unanimously, by those present to re-open the Site Plan review hearing for 10 Downer Avenue. Mr. Lonergan presented a set of plans revised per the earlier Site Plan Review, showing the entrance approximately in the middle of the site, the line of shrubs removed, and what appeared to be a curbed planting bed marking the site's boundary with Crow Point Lane. They also showed the utility pole moved back towards the site boundary as requested by the Board.
Board members agreed that exiting the site from any point on Crow Point Lane was extremely dangerous due to poor site visibility. Ms. Murphy asked about the possibility of making the exit roadway one way, and Ms. Lacy responded that she had spoken to Captain Damstra about this and he had stated that the Fire Department would prefer access from both Crow Point and Downer Avenue. The Board then decided that the best thing would be to relocate the exit as planned, but post it one-way in only. This would encourage cars to approach the drive-through from Downer Avenue, and drive around the site back to Downer to leave the site. The Board also encouraged the applicant not to line up the entrances on Downer and Crow Point exactly, to prevent cut-through traffic.
The Board instructed Ms. Lacy to prepare the Site Plan Approval letter for the Building Commissioner as voted on October 2, 2006, but with references to a new plan showing the changes discussed at the current hearing. Mr. Lonergan stated that he would provide Ms. Lacy with a revised plan showing the changes as soon as possible.
RE: Ridgewood Crossing Update and Request for Minor Modification re: Site Grading
Present for the Applicant: Sue Pace, Cole and Colantonio; Larry Corbeil, Horizon Partners, and John Chessia, consultant.
John Chessia explained that when the as-built plan was prepared for the Drainage Basin closets to Cranberry Lane, that the basin was constructed with a deficit of approximately 11, 830 cubic feet of storage (approximately 10% less capacity). John Chessia explained that the basin was originally designed to utilize two soil types with varying infiltration rates. As it turned out, the basin was constructed in a manner that enhanced areas with the better infiltration rate. In other words, the permeable area is larger, and the less permeable area is smaller, resulting in only a minor deficit in overall volume, but still well within the threshold for 100 year storm capacity.
Consulting Engineer Nick Lanney reviewed the plans, and provided a letter dated October 16, 2006 confirming that, according to his analysis, this is "within construction tolerance and consistent with the intent of the original design". He went on to say that the changes in final grades do not impact the ability of the underlying soil to absorb water, nor do they result in significant changes in the water elevation in the basin for the 2, 10, and 100 year storm events. Above elevation 72 feet the basin would still have over 50,000 cubic feet of storage under as-built conditions, which is over 100% of the storage volume needed for the 100 year storm event.
Given the sensitivity of this location adjacent to Cranberry Lane (and the fact that the residents there suspect Ridgewood of causing their drainage problems) Board members asked Mr. Chessia about any potentially negative impacts of this change on the abutting Cranberry Lane Subdivision. Mr. Chessia reviewed the drainage design prepared for the project, and showed that, as designed, the overall size of the catchment area draining towards Cranberry Lane would be reduced. As designed, much of the area now draining towards Cranberry Lane would now drain towards the basin in the front of the site near French Street.
It was moved, seconded and SO VOTED, unanimously, by those present to approve a minor modification to the approved subdivision plans for Ridgewood Crossing, resulting in changes to the grading at Infiltration 7P as described in the memo from Sue Pace of Coler and Colantonio dated October 11, 2006, and shown on the accompanying graphic.
RE: Form A - 1101 Main Street, Hingham Nursery School
This Form A would return the parcel of land that the pre-school purchased from Lamberts Nursery to use as frontage on Main Street. Since the Board approved the modification to the Josselyn Way Subdivision, the pre-school parcel now has legal frontage on Josselyn. This is the final step in the settlement between Lamberts, O'Brien and the Pre-School.
It was moved, seconded and SO VOTED, unanimously, by those present to endorse the form A entitled, "Plan of Land 1101 Main Street Hingham, Massachusetts", dated, July 21, 2006, prepared by Merrill Associates, Inc., Hanover, MA for The Hingham Nursery School, 172 Main Street - P.O. Box 21, Hingham, MA, owner and applicant.
Minutes
It was moved, seconded and SO VOTED, unanimously, by those present to accept the minutes of October 2, 2006.
The meeting adjourned at 10:19 PM.
Respectfully submitted,
Katharine Lacy
Town Planner