Proposed Amendments

ZONING ARTICLE:  Lot Width

Will the Town amend the Zoning By-law of the Town of Hingham, adopted March 10, 1941, as heretofore
amended as follows:

This proposed zoning amendment would amend Section IV-C. 2 by deleting the existing text with the express purpose of creating uniformity in the shape of lots and inserting the following “Lot Width:  Each Lot shall have, in addition to the required frontage and area, a width of not less than eighty (80) percent of the required frontage at all points between the front and rear property lines.  Lot width is the horizontal distance between side lot lines, measured parallel to the lot frontage.”

or act on anything related thereto?

ZONING ARTICLE:  Regulation of the Sale and Consumption of Marijuana Not Medically Prescribed

Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended as follows:

Item 1:  By amending Section V to insert a new subsection

“V-J     Regulation of the Sale and Consumption of Marijuana Not Medically Prescribed

  1. Purpose

This Section is intended to provide restrictions that will allow the Town adequate time to consider where and under what conditions to allow the operation of marijuana establishments and the on-site consumption of marijuana and marijuana products, to the extent that such establishments and such consumption are permitted under state laws and regulations. The Regulation and Taxation of Marijuana Act (the “Act”), the purpose of which is to control the production and distribution of marijuana in the Commonwealth of Massachusetts, went into effect on December 15, 2016.  However, as the Cannabis Control Commission, to be formed under the Act, has until September 15, 2017 to adopt regulations consistent with the Act for the administration, clarification and enforcement of laws regulating and licensing marijuana establishments, a restriction on the location of such establishments in Hingham shall provide the opportunity to study their potential impacts on adjacent uses and on general public health, safety and welfare, and to develop zoning and other applicable regulations that appropriately address these considerations consistent with statewide regulations and permitting procedures.  The moratorium, of a finite duration, will allow the Town to carefully study the potential impacts of such establishments and recommend zoning bylaw amendments to address the Town's concerns in the context of Town planning goals and objectives.

  1. Definitions.

The capitalized terms used in this Section and not otherwise defined in this Bylaw shall have the meaning set forth in the Act.

  1. Temporary Moratorium

For the reasons set forth above, and notwithstanding any other provision of the Zoning By-Law to the contrary or any other uses permitted thereunder, Marijuana Establishments, excluding any one or combination of the uses which may constitute a Medical Marijuana Treatment Center, shall not be permitted in any zoning district in the Town of Hingham so long as this Section is effective.  Use variances shall be strictly prohibited. 

  1. Expiration

This Section V-J moratorium shall be in effect through June 30, 2018.” 

 or act on anything related thereto?  

ZONING ARTICLE:  Parking Design Standards  

Will the Town amend the Zoning By-law of the Town of Hingham, adopted March 10, 1941, as heretofore amended as follows:

Item 1:  By amending Section IV-A.5.l by inserting “The submittal should include information on the specific design proposed for pervious or porous pavement, and details on the required maintenance should be noted on the plans and incorporated as part of the submittal.” at the end of the section after the word “Protection”.

Item 2:  By amending Section IV-A.5.m by inserting  “landscaped sections and islands in” after the word “within” the first sentence.

Item 3:  By amending Section IV-A.5.m by inserting  “designed” after “parking area” in the first sentence.

Item 4:  By amending Section IV-A.5.m by inserting “large areas of bituminous concrete and” after “visual impact of” in the first sentence.

Item 5:  By amending Section IV-A.5.m by inserting “All landscaped sections and islands shall contain appropriate evergreen shrubs, trees and plantings.” after the word “possible.”

Item 6:  By amending Section IV-A.5.m by deleting “Trees and” from the second sentence.

Item 7: By amending Section IV-A.5.m by capitalizing “Landscaping” in the second sentence.

Item 8: By amending Section IV-A.5.m by inserting “sections” and deleting “plots” in the second sentence.

Item 9: By amending Section IV-A.5.m by inserting “Where landscaped sections abut a residential zone or use, the landscaping shall provide a year round screening effect with plantings and berms to shield abutters from headlights.  If parking areas are designed so as to face a public way, the landscaping shall provide a year round screening effect to prevent headlight glare from shining into the way and soften the visual impact of the parking field.” after the sentence ending in “adjoining properties.”

Item 10: By amending Section IV-A.5 by inserting a new subsection “ n.  Shared Parking/Reduction in Parking Requirements- A reduction in the required number of off-street parking spaces may be granted by Special Permit A3.  Parking areas serving a clearly defined mixture of uses that do not place coincident demands on the parking area may have the parking requirements reduced by 10 percent for a lot with 50-99 spaces, and by 15 percent if the lot size is 100 spaces or greater.  Projects are encouraged to provide shared parking, cooperative parking, bicycle accommodations, landbanked parking spaces, consolidation of curb cuts and driveways, and other on-site amenities to alleviate the demand for parking and the adverse impact of impervious surfaces

Request for reductions in off-street parking space requirements shall be accompanied with an analysis for the demand in off-street parking, parking management summary, other like use parking demand studies and/or reports, summary of parking program to reduce parking demand, and any other documentation necessary to adequately review the request for the reduction of parking requirements, prepared in accordance with the standards promulgated by the Institute of Transportation Engineers (ITE), the Urban Land institute (ULI) or other appropriate source.” 

Item 11: By amending Section IV-A.5 by inserting a new subsection “o.  Landbanked Off-Street Parking Areas - For projects requesting a reduced parking requirement the Planning Board may require that an area equivalent to the total amount or a portion thereof the number of reduced off-street parking spaces be preserved and identified on the Site Plan.  Each landbanked parking space shall be equal to 9' x 18'.  The Landbanked parking spaces shall be properly designed as an integral part of the overall parking development, and in no event shall any landbanked parking space be located within the front or side yard setbacks, unless specifically permitted within the Zoning District.  At the request of the Planning Board, the Applicant may be required to provide a parking monitoring program at specified timeframes from the issuance of the Certificate of Occupancy, in order to determine if and when the "landbanked parking spaces" are needed. If, after the issuance of a certificate of occupancy, the planning Board or the Applicant finds that all or a portion of the landbanked parking spaces are needed, the Applicant shall submit a written request, which states the need for the additional off-street parking spaces and a revised site plan denoting the un-landbanked parking spaces.   Frequent parking of vehicles on a street adjacent to the premises or in areas not designated as formal parking spaces shall be considered evidence of the inadequacy of the off-street spaces provided.”

or act on anything related thereto?  

ZONING ARTICLE:  Lot Area and Lot Line Definitions

Will the Town amend the Zoning By-Laws of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:

       Item 1.  Insert the following definitions in Section VI:

Lot area 

         An area of land which is determined by the limits of the lot lines of land under one (1) ownership bounding that area and expressed in terms of square feet or acres. When the distance between any two (2) points of lot lines is less than fifty (50) feet, measured in a straight line, the smaller portion of the lot which is bounded by such line and lot lines shall not be considered in computing minimum lot area unless the distance along such lot lines between such two points is less than one hundred and fifty (150) feet.

Lot line, front 

The property line dividing a lot from the adjacent a single street right-of-way. In the case of a corner lot the front lot line of greater length shall be known as the primary front lot line. When a corner lot has front lot lines of equal length, the owner shall designate a single front lot line as the primary front lot line, on the applicable plan and/or application.

Lot line, rear 

The property line most nearly opposite and furthest from the front lot line or primary front lot line in the case of corner lots.

Lot line, side 

Any property line not a front or rear lot line.

Item 2.  Replace the "Yard: Corner lot" diagram where it appears in Section VI with the following diagram:
 

or act on anything related thereto?

ZONING ARTICLE:  Changes to Nonconforming Accessory Structures

Will the Town amend the Zoning By-Laws of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:


Item 1: By amending Section III-I to insert a new subsection 3, which states:

3.     For the purposes of this Section III-I, the Board of Appeals may, upon making a finding that the proposed change is not more detrimental to the neighborhood than the existing structure,  allow the reconstruction, extension, alteration, or structural change to an existing attached or detached nonconforming structure accessory to Single or Two-Family  Dwellings by Special Permit A1 provided that:

 

the accessory structure conformed in all respects to the Zoning By-Law in effect at the time of its initial construction; and

  1. one of the following applies:

(i)      the reconstruction of the accessory structure is limited to the existing footprint and the resulting height does not exceed the greater of one and one-half stories or the existing height of the structure;

(ii)     (a) the reconstruction, extension, alteration or structural change of the accessory structure does not further reduce the minimum linear measurement of the existing nonconforming dimensions or create new noncompliant dimensions;  (b) the resulting area of incursion does not exceed 125% of the existing incursion; and (c) the resulting height does not exceed the greater of one and one-half stories or the existing height of the structure; or

 (iii)   the extended or altered portion of the accessory structure conforms in all respects to the Zoning By-Law.

Item 2: Amend Section IV-C, 2. Location of Accessory Buildings by adding at the beginning thereof: "Unless otherwise expressly permitted in this by-law,” and change the "a" in “Accessory” from upper case to lower case.

or act on anything related thereto?



The complete text of these proposed amendments to the Zoning By-Law is on file at the Office of the Town Clerk, and at the Office of the Planning Board, Hingham Town Hall, 210 Central Street, Hingham, Massachusetts. 
For additional information, you may also contact the Hingham Planning Board at 781-741-1419.