Scheduled:
7:00 PM Continuation of Hearing - Roseland Property Company
349 Lincoln Street (Hingham Shipyard) Major Amendment to the existing Mixed-Use Special Permit and Site Plan Review at the Hingham Shipyard
Old/New Business
Central Meeting Room North
Present: Planning Board Members, Susan Murphy, Chair, Paul Healey, Clerk, Sarah Corey, Judy Sneath and Gary Tondorf-Dick. Also present was Planner Katharine Lacy.
RE: Continuation of Public Hearing, Request for Major Modification to Mixed-Use Special Permit, Roseland Property Company
Present for the Applicant: Joe Shea and Vincent Martiny, Roseland Property Company, Dick Cook, BSC Engineering.
The Board was joined by the Zoning Board of Appeals for this hearing. Chief Charles Souther from the Hingham Police Department was also in attendance.
Ms. Murphy opened the public meeting at 7:15 P.M. at the Hingham Town Hall.
Ms. Lacy provided the following update on the status of the information and/or material requested by the Board at the end of the last meeting:
1. The traffic control, paving marking and traffic calming plan was received. This is being reviewed by Jeffery Dirk.
2. The approved lighting plan for the property was received. This is being reviewed by Paul Brogna.
3. The snow removal plan was received. This is being reviewed by Paul Brogna.
4. Revised plans showing correct location of sidewalks were received. This is being reviewed by Paul Brogna.
5. Dick Cook provided the following list of approved plans that were to be changed as a result of the requested modification.
The following sheets of the Hingham Shipyard Mixed Use Approved Plans dated May 8, 2003 will be modified by the Roseland Major Amendment: Sheets 2, 14-15, 18, 20-21, 24, 26-27, 30, 32-33, 36, 38-39, 42, 44-45, 47-48 51-52, 54-55, 56-59,61-62,65 and 69.
6. Sign Off from HFD and DPW
Ms. Lacy said that she had spoken with Harry Sylvester, and they have no concerns with the plans. Dave Damstra and the Chief also reviewed the plans (including the Auto Turn plans provided by the applicant) and they are satisfied with the location of fire hydrants, and emergency access).
The Board identified the following 19 DRAFT conditions.
1. Subsection (B) and subsection (C) of Condition #3 of the May 12, 2003 Special Permit for the Hingham Shipyard shall be replaced in their entirety as follows:
B. Minor Amendments
As a general rule, a proposed change shall be determined to be a Minor Amendment where:
The area of the relevant use or structure is increased by more than five percent (5%) but less than ten percent (10%), building locations are not changed by more than ten percent
(10%) and the relative intensities of general use categories are not changed by more than ten percent (10%);
All dimensional requirements of Section IV-H of the Zoning By-Law are met;
The limits on intensity of use for the various general use categories (i.e., retail, residential, general commercial, and limited industrial) as set forth in Section IV-H.8 of the Zoning By-Law are not exceeded;
Architectural elements, including massing, fenestration, materials and details, are substantially similar to those shown in the Approved Project Plans;
Landscape elements, including shape and size of landscaped areas, planting types, sizes and arrangements are substantially similar to those shown in the Approved Project Plans;
Parking accommodations are adjusted proportionately to reflect the proposed changes in area and/or use; and
None of the circumstances triggering a Major Amendment (as set forth below) is present.
The Board believes that, because of the more than de-minimus changes involved, consideration and approval of a proposed change as a Minor Amendment should be made by the Board of Appeals. Accordingly, the Zoning Administrator shall determine that a plan showing changes in accordance with the above standards is potentially a Minor Amendment of the Approved Project Plans. Final determination/approval shall be made administratively, at a noticed public meeting of the Board, but without a public hearing in accordance with MGL Chapter 40A, Section 9 or notice thereof in accordance with MGL Chapter 40A, Section 11.
Land owners proposing changes in the Approved Project Plans which they believe constitute Minor Amendments as set forth above shall 1) first discuss such changes with the Zoning Administrator and then 2) submit to the Board of Appeals a request for such a determination together with appropriate supporting materials. All determinations by the Board of Appeals with respect to Minor Amendments shall be made in writing, with reference to appropriate plans, and shall be filed with the Town Clerk and appropriate Town departments, with copies to the Applicant.
For changes affecting the Site Plan, consideration and approval of a proposed change shall be made by the Planning Board. Accordingly, in the case of proposed changes to the Site Plan the Town Planner shall determine that a plan showing changes in accordance with the above standards is potentially a Minor Amendment of the Approved Project Plans. Final determination/approval shall be made administratively at a noticed public meeting of the Planning Board, but without a public hearing in accordance with MGL 40A, Section 9, or notice thereof in accordance with MGL Chapter 40A, Section 11.
Major Amendments
As a general rule, a proposed change shall be determined to be a Major Amendment where:
The area of the relevant use or structure is increased by more than ten percent (10%);
The proposed change involves the introduction of a new land use(s) abutting land zoned residential;
The proposed change involves modifications that materially reduce areas of the site dedicated to the public or that materially impact access to abutting public land;
The proposed change involves subdivision of the property beyond that contemplated in the Approved Project Plans;
The proposed change involves material alterations to the geometry of the primary circulation (Connector Road, Amesbury Drive, Halstead Drive and Stayner Drive) excluding Shipyard Drive, a public way;
The proposed change involves the introduction of land uses not permitted by the Zoning By-Law for a Mixed-Use project or approved by the Board of Appeals as part of the Approved Project Plans;
The proposed change involves changes that require material reconsideration of the parking criteria established in the Approved Project Plans;
The proposed change involves significant modifications to architectural and/or landscaping elements; or
The proposed change involves other modifications that the Board, in its discretion, does not consider to be consistent with the approved plan or to be minor modifications to the approved plan.
Plans showing changes which constitute a Major Amendment, as set forth above, must be reviewed and approved by the Board in accordance with Section IV-H.12.b. of the Zoning By-Law, after a public hearing in accordance with MGL Chapter 40A, Section 9 and notice thereof in accordance with MGL Chapter 40A, Section 11.
In accordance with Section I-G of the Hingham Zoning By-Law, Site Plan Review by the Planning Board in accordance with Section I-I is required for all changes which constitute a Major Amendment.
2. Condition #13 of the May 12, 2003 Special Permit for the Hingham Shipyard is replaced in its entirety as follows:
"The applicant shall, in consultation with MassHighway and subject to MassHighway review, revision, and approval, design and construct all improvements along the Route 3A corridor as identified in MassHighway's January 13, 2004 Section 61 Finding issued pursuant to M.G.L. Chapter 30, Section 61 to Sea Chain, LLC for the Project, as it may be amended. Said improvements shall be constructed and be operational, at the time of the issuance of the first Certificate of Occupancy for the Project. In the alternative, if such improvements have not been completed, it is incumbent on the developer to demonstrate to the Planning Board and the Zoning Board of Appeals, the provision of safe and adequate access to the site prior to occupancy.
3. Condition #22 of the May 12, 2003 Special Permit for the Hingham Shipyard is replaced in its entirety as follows:
"Each of the individual developers of the Hingham Shipyard shall establish their own credit facility in the amount of five thousand dollars ($5000) from which the Planning Board, Board of Appeals or the Building Commissioner may draw funds to pay for engineering and other professional consulting services engaged by the Town to review plans and/or construction in progress. Each developer shall deposit additional funds as necessary to maintain the balance, however, in the event that the developer disputes the need for any aspect or portion of such engineering or consulting services, or the projected cost thereof, then the developer may return to the Planning Board, Board of Appeals or Building Commissioner for resolution. At the conclusion of the construction period any balance remaining in the account shall be returned to the appropriate developer.
4. Condition # 28 of the May 12, 2003 Special Permit for the Hingham Shipyard is to be replaced in its entirety as follows: "During periods of construction the Applicant shall ensure that dust from exposed soil surfaces shall be controlled as necessary in accordance with the standards of the Hingham Board of Health and Building Department. In the event that dust mitigation is required, the applicant shall cover all costs for the planning, review and implementation of mitigation efforts.
5. The Applicant, Roseland Properties, along with all of the Hingham Shipyard Property Owners, is subject to the requirement to implement and maintain the Historical Interpretation Program throughout the entire Shipyard as presented in concept to the Planning Board and Zoning Board of Appeals by consultant Whitney Perkins on January 18, 2007.
6. The Applicant, Roseland Properties, along with all of the Hingham Shipyard Property Owners, is subject to the requirement to construct and maintain the Riverwalk as shown of the February 2007 approved plans as part of a public waterfront access program for the entire Shipyard Property.
7. Prior to the issuance of a building permit, the applicant will submit final Landscape Plans for the Roseland portion of the site consistent with the conceptual plans submitted to the
Hingham Planning Board on January 18, 2007. (Dick Cook has stated that they are trying to get the completed plans incorporated into the final plans by next week, in which case this condition would go away?)
8. The Applicant shall maintain, in perpetuity, the Bradley Woods Landscape Buffer Area separating the site from the Bradley Woods neighborhood in such condition as to ensure appropriate visual and noise screening. (According to Declaration, this is responsibility of "East Community" which includes Avalon and Roseland).
9. Condition # 22 of the May 12, 2003 Special Permit for the Hingham Shipyard is to be replaced in its entirety as follows: "An (opaque?) solid fence shall be installed between the property and the abutting residential neighborhood, and shall be maintained by the applicant in perpetuity. The specific type of fencing will be approved by designated representatives of the Bradley Woods neighborhood. Chain link fencing will not be permitted."
10. Condition # 21 of the May 12, 2003 Special Permit for the Hingham Shipyard is to be replaced in its entirety as follows: "Access from Bradley Woods shall be provided by a five (5) foot wide walkway from the playground/athletic field to HMS Staynor Drive as shown on the approved plans. Such access shall be maintained by the applicant, including plowing as needed, in perpetuity."
11. Prior to the issuance of a Building Permit, a "Sign and Pavement Marking Plan" submitted by the applicant for the Roseland portion of the Shipyard must be approved by the Board's consulting traffic engineer.
12. Driveway aprons shall be visually separated from the adjacent roadway by a strip of granite or other alternate paving to be approved by the Planning Board.
13. Prior to the issuance of a building permit, the applicant must demonstrate to the satisfaction of the Hingham Police Chief and Hingham Fire Chief and or their designees, a lettering and numbering system sufficient to identify all units from the front and back of each unit, as well as curbside identification points.
14. All roadways shall be cleared of snow to their full width, including space for parallel parking. Sidewalks on at least one side of each roadway shall be cleared to their full width. Snow will not be stockpiled adjacent to area roadways to a height greater than 3.5'. Snow in excess of this height shall be removed from the site or placed in the snow storage area shown on the approved plans. Snow storage shall be managed under the following plan:
1) The emergency snow storage area shall be loamed and seeded and maintained as a grassed surface.
2) The forebay shall be located at the down gradient edge of the emergency snow storage area.
3) Snow shall be placed on this site when the areas adjacent to the drives, sidewalks, and driveways have no remaining storage capacity.
4) No snow shall be placed or pushed beyond the limits of the storage area.
5) Access to the existing sewer pump station in Bradley Woods shall be maintained at all times.
15. Condition # 17 of the May 12, 2003 Special Permit for the Hingham Shipyard is to be replaced in its entirety as follows: "The parking area serving the clubhouse shall be built as shown on the February 2007 approved plans."
16. Regularly scheduled curbside trash pick-up will be provided by the Roseland Condominium Association. All trash will be stored in covered containers. No dumpsters will be permitted on site. The Condominium Association will be responsible for preventing litter or trash from blowing onto abutting properties.
17. Paint colors for individual residential units will be limited to those included in approved color palette of the Hingham Historic Districts Commission (HDC) the "A Guide to Colors
18. Styles and Architectural periods" developed by Historic New England). Notwithstanding this requirement, formal approval by the HDC will not be required.
19. Prior to the issuance of occupancy permits, the applicant shall provide a landscape maintenance plan for review by the Conservation Agent, including proposed chemical applications (fertilizers, pesticides, herbicide) and strategies for storage or removal of landscape debris (leaves, clippings, etc.)
20. Condition # 32 of the May 12, 2003 Special Permit for the Hingham Shipyard is to be replaced in its entirety as follows: "A water line loop through property to the northeast owned by Welch Health Care Group shall be constructed as shown on xxx plans (We need to get reference from Dick Cook, these do not appear to be in PB or ZBA files)
At the end of the meeting, Steve McLaughlin requested that the Planning Board not vote, so that the ZBA could take a look at the conditions without having to re-open the hearing. The Board agreed to circulate a draft and vote at the next meeting.
Old/New Business
Ms. Lacy reported that they had received an application for Site Plan Review from the Hingham Wine Merchant, which is planning to occupy the space previously occupied by Fanueil Kitchens. The new store will include a retail area, tasting room, office and storage space. There is limited on-site parking in a lot adjacent to the building. Work will include interior renovations, as well as modifications to the building façade and fenestration.
The applicant needs Site Plan Approval in association with the issuance of a Building Permit, Design Review (due to its location in the Downtown Overlay District) and, possibly, relief from the off-street parking regulations.
The applicant has requested a waiver from the requirement for Site Plan Review. The Board denied this request. The Applicant will be coming before the Board on March 12 at 7:00 PM.
The meeting was adjourned at 10:15 PM.
Respectfully submitted,
Katharine Lacy
Town Planner