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April 11, 2017 Certified Mail # 70142120000338099928Stephen FeeleyFeeley Realty Trust232 Water StreetQuincy, MA 02169Re: Downer Estates Definitive Subdivision Plan ReferenceDowner Estates Definitive Subdivision Plan, Assessors Map 26, Lots 21, 21B & 23, Hingham, Massachusetts" dated January 23, 2017, revised to 4/3/17, consisting of thirteen (13) sheets, prepared by Merrill Engineers and Land Surveyors, 427 Columbia Road, Hanover, MA 02339, prepared for Feeley Realty Trust.CERTIFICATE OF ACTIONBackgroundThis Definitive Subdivision application is for the construction of a residential subdivision consisting of three (3) residential building lots and one drainage lot on a total of 8.45+/- acres, presently situated at 0 Planters Field Lane and 2 Planters Field Lane, and shown as Assessors’ Map 26, Lots 21, 21.B, and 23, zoning district Residence A. The application was submitted on January 26, 2017. No Preliminary Subdivision application was submitted for this project prior to the submittal of the Definitive Subdivision. The hearing opened on March 6, 2017 and was continued to March 27, 2017 and then to April 10, 2017. At the March 6, 2017 meeting the panel consisted of William Ramsey, Gary Tondorf-Dick and Jennifer Gay Smith. Judith Sneath and Sarah Corey missed the meeting but subsequently reviewed the recording of the hearing and the record and completed a Mullins Affidavit for the record. All Board members were present at the March 27th hearing except William Ramsey, who reviewed the record and recording and completed a Mullins Affidavit for the record. All five regular members of the Planning Board were present at the meeting of April 10, 2017. The Planning Board also scheduled site visits on March 18, 2017 which Judith Sneath attended, and April 1, 2017 which was attended by Sarah Corey, Jennifer Gay-Smith and Gary Tondorf-Dick. Mr. Paul Brogna, Seacoast Engineering, served as the peer review engineer for the Board. Discussion and FindingsTom Pozerski, of Merrill Inc., and Stephen Feeley represented the Applicant at all hearings and site walks. Mr. Pozerski explained that the proposal is for a three lot residential subdivision off of Planters Field Lane. The way is intended to remain private and never be a public way. The project will require a Notice of Intent because of the resource areas present and the lots have been designed with the goal of minimizing impact on the natural areas. There is a ledge knob that will be removed to lower the site in the area of the residential lots and the cul-de-sac. There are settlers’ walls on the property and they will not be disturbed at all. Two waivers are requested to support the design as proposed. One is to allow 12’ Cape Cod berms where 18” Cape Cod berms are required, and the other is to allow the requisite number of street trees to be installed closer than 50’ on center as required by the regulations. There will be a box culvert installed for the entrance driveway at the wetlands crossing. This will be a net improvement to the existing conditions on site as the water tends to back up in this area currently. The project will involve the installation of 4 new trees adjacent to Planters Field Lane to replace the 4 that will be removed with the grading for the detention basin. There will be invasive species management and replanting of trees internal to the site once the grading work is completed. The Board discussed the drainage design in great depth to ensure that the pipes would not experience a surcharge condition at any time. They also reviewed the grading adjacent to Planters Field Lane at the intersection with the private way to be sure that the drainage from the high point of the road would be captured in the basins before the public way. The design indicates that is the case. This is a critical point and care to build per design is warranted here. The Board heard public comments regarding the number of pedestrians in the area and placed conditions requiring police details and a Traffic Management Plan to ensure safety during construction. They also required additional plantings adjacent to the basin on the Planters Field Lane frontage to shield it from view from the sidewalk. The Board members discussed that the site walk was very helpful in understanding the design of the site as well as the unique challenges that exist. The Board reviewed the conditions as proposed for this project with the Applicant and revised them during the discussion. The Board then discussed the waivers one by one and made findings, as follows: 1. Section 4. B. (3) (a). Table 1 - Request to waive the requirement for 18 “Cape Cod Berms on each side of road, to allow 12” Cape Cod Berms instead.The Board found that 12” CCBs are a common industry practice, and that reducing the extent of the pavement given the extensive wetlands resources is reasonable given that the way serves only three houses. The Board found that there is a public benefit in limiting impervious surfaces as possible, thus granting the waiver is in the public interest, and, that this waiver is not inconsistent with the Subdivision Control Law. 2. Section 5. B. (4)- Street Trees - Request to waive the 50’ on center spacing requirement for street trees, but not the total number of street trees. The Board found that the site is constrained with resource areas, thus having the trees spaced more closely together seems reasonable given the areas that would not be hospitable to trees. The Board also found that the public benefit of the proposed design is that the required number of trees are being planted, which is the intent of the Rules and Regulations, thus granting the waiver is in the public interest. The Board found that this waiver is not inconsistent with the Subdivision Control Law. DecisionI, Judith S. Sneath, Chairman of the Hingham Planning Board, certify that at a regularly scheduled meeting of the Hingham Planning Board on April 10, 2017, the Board voted To APPROVE the plan "Downer Estates Definitive Subdivision Plan, Assessors Map 26, Lots 21, 21B & 23, Hingham, Massachusetts" dated January 23, 2017, revised to 4/3/17, consisting of thirteen (13) sheets, prepared by Merrill Engineers and Land Surveyors, 427 Columbia Road, Hanover, MA 02339, prepared for Feeley Realty Trust, 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 Board a new set of as-designed plans revised as follows:a. Plan set must include an easement plan sheet. This must show all existing easements and Rights of Way, as well as easements required to facilitate the construction of the roadway, drainage and/or associated utilities, including the street tree easement. Easements shall be shown and labeled on the easement plan and filed with or before the Mylar; b. 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";c. Plans should be revised to eliminate references to “Hay” and “Hay Mulch” and insert mulch logs or silt fence (or Filtexx or approved equal) as directed by the conservation agent.d. Plans shall be revised to add the following notes or details:a) Indicating the street sign and decorative light will not cause sight line concerns and all signage will comply with MUTCD standards.b) Indicating that the sewer system is private.c) Indicating that all bounds will be granite.d) To add benchmarks and a note that two additional benchmarks will be set within 75’ of the cul-de-sac prior to construction.e) Evergreen shrubs shall be planted along the edge of the basin adjacent to Planters Field Lane.f) Indicating tree species proposed including oaks and to exclude Norway Maples or other invasive species.2. A covenant is to be executed and made a part hereof, and recorded with the Plan in the Plymouth Registry of Deeds, or other performance guarantee in an amount sufficient to the Board to secure performance of the construction of ways 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, Section 81U.B. Prior to Commencement of Construction1. 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.2. A street opening permit shall be obtained by the Applicant.3. A SWPPP and Traffic Management Plan (TMP) must be submitted to the Town Planner, Police Chief and Conservation Agent for review at least one month prior to the scheduled start of construction. 4. The HMLP requires an easement around the electric distribution system. The developer must pick up the HMLP easement form and have it registered in the registry of deeds. Proof of recording shall be provided to the Town Planner at or before the preconstruction meeting. 5. Easements for all utilities, as required, shall be filed at the registry and proof of recording provided to the planning department for the file. 6. Prior to the start of construction or site clearing there shall be a preconstruction meeting attended by the applicant team, the Conservation Administrator, the Town Planner, the Police Chief, and the engineer for the Planning Board to review the installation of the erosion control measures and answer any questions on the SWPPP, and discuss the project timeline and Traffic Management Plan. The O&M Plan must include data for all proprietary systems. 7. Applicant shall coordinate with the Building Commissioner to determine if additional permits are required for any and all retaining walls.8. Applicant must meet with the Police Chief or his designee to discuss the project timeline and scope so the Chief can determine if and/or when details may be required to facilitate the movement of construction vehicles on and off site. C. Conditions During Construction1. All normal elevations for the drainage system must be shown on the as-built plan.2. Construction vehicle traffic shall be coordinated with the Chief of Police around the Foster School schedule. 3. Police details shall 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 exported from the site during construction of roads or individual lots. D. General Conditions1. 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.2. 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 prior to expiration, the Planning Board extends the time for performance of such work.3. An interim as-built plan shall be provided prior to the release of any lots demonstrating the drainage system installation at a minimum. Upon completion of the way a final as-built shall be provided. As-built plans shall be in electronic and hardcopy format.4. The roadway, drainage facilities and other utilities within the extended subdivision road shall remain private and the 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 the Plan. The O&M requirements should be included in the appendix of this Declaration. This Declaration shall be provided for review prior to the endorsement of the plans and shall be filed at the Registry of Deeds with the plans. Proof of recording shall be provided to the Town Planner.5. 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.6. Street tree requirement shall be called out in deed, and trees must be planted prior to issuance of CO and maintained for the first two (2) growing seasons.7. The applicant must construct the driveway/roadway apron such that the existing sidewalk is continuous and the American Disability Act (ADA) requirements are strictly adhered to where sidewalks cross driveways/aprons.8. The street sign, traffic control signs and decorative light post shall be installed so as to not cause a sightline concern. The decorative light fixture shall be shielded and installed so as to not shine into the roadway. Signage should comply with MUTCD standards as applicable.WAIVERS The Board voted unanimously to GRANT the following requests for waivers from the Planning Board Rules and Regulations, unless otherwise noted:1. Section 4. B. (3) (a). Table 1 - Request to waive the requirement for 18 “Cape Cod Berms on each side of road, to allow 12” Cape Cod Berms instead.2. Section 5. B. (4)- Street Trees - Request to waive the 50’ on center spacing requirement for street trees, but not the total number of street trees. Judith S. Sneath, ChairmanHingham Planning BoardCc: T. Pozerski, Merrill Inc.; Building; Conservation; BOH; Sewer Commission; Town Clerk; R. Sylvester; Police Chief; Fire Chief; C. DiNapoli, Fire Prevention; D. Horte, HPD; Assessors; P. Brogna; DPW; S. Girardi, HMLP; S. Olsson, Aquarion Water.NOTARIZATIONEXECUTED this _____ day of _____ 2017Commonwealth of MassachusettsPlymouth, ss April____, 2017Then personally appeared Judith S. Sneath, Chairman of the Hingham Planning Board, and acknowledged the foregoing to be the free act and deed of said Board.____________________________ My Commission Expires: March 4, 2022 Dolores A. DeLisle, Notary Public