e. The Planning Board voted unanimously to GRANT a Special Permit A3, in accordance with Section V-A.5.e of the Zoning By-Law, to allow tandem parking spaces for the Residential North Building as shown on the Samuels Project Plans; and

f. The Planning Board voted unanimously to GRANT a Special Permit A3, in accordance with Section V-A.1 of the Zoning By-Law to allow loading spaces less than the required minimum required width as shown on sheets 9-12 of the Samuels Project Plans in the following locations:  one 6'-wide live loading area west of Building A and four 8'-wide live loading areas on Shipyard Drive.

CONDITIONS

A. Conditions Governing the Shipyard Project

1. Condition #4 of the Original Permit is deleted and replaced in its entirety as follows:  "Shipyard Drive shall be constructed in accordance with the Approved Project Plans as modified by the plan entitled "Shipyard Drive, Roadway Easement Modification" dated May 7, 2007 which has been approved by the Planning Board and the Hingham Board of Selectmen in accordance with Article 24 of the 2000 Hingham Town Meeting, subject to the Board of Selectmen's endorsement of the above referenced plans."
2. Condition #6 of the Original Permit is deleted and replaced in its entirety as follows: "On or before December 31, 2008, the Shipyard Owners shall deliver to the Town, a grant of easements, together with an easement plan in recordable form, both in form and substance reasonably satisfactory to the Town, for those portions of the Town's storm water system located within the Shipyard Premises."
3. Condition #7 of the Original Permit is deleted and replaced in its entirety as follows:  On or before December 31, 2008, the Shipyard Owners shall deliver to the Town, a grant of easements, together with an easement plan in recordable form, both in form and substance reasonably satisfactory to the Town, which provides for public easements for access to and the use and enjoyment of the entire riverwalk located on the Shipyard Premises and the parking and access areas for the Bouve property."
4. Public access shall be maintained to the public open space as shown on the Approved Project Plans in accordance with Section IV-G.10.c of the Zoning By-Law.
5. Condition A.9 of the Roseland Site Plan Approval is deleted and replaced in its entirety as follows:  "Access from Bradley Woods shall be provided by a 5' walkway from the Town park to HMS Staynor Drive as shown on the Approved Project Plans and public access to and from such walkway over and across the Shipyard Premises shall be permitted subject to reasonable rules and regulations of the applicable Land Owners.  The walkway shall be maintained by the Shipyard Owners in perpetuity, including removal of snow and ice."  Such maintenance obligation shall not extend beyond the Shipyard Premises.
6. The Planning Board reaffirms Condition #12 of the Original Permit, which is modified hereby to confirm that a traffic signal shall be installed by the Land Owners at the intersection of Beal Street / Wm. B. Terry Drive in general compliance with the plans submitted with the Original Permit or as modified at the direction of the Hingham Board of Selectmen, or its designee.
7. Pursuant to a Memorandum of Agreement dated May 14, 2007, by and among Sea Chain LLC, Sea Chain Marina LLC, Lennar Hingham Holdings, LLC, Samuels & Associates Hingham LLC and Avalon Shipyard, LLC and the Hingham Board of Selectmen, the scope of the Lincoln Street utility relocation work to be conducted by the Shipyard Owners under the Original Permit shall be as shown on that certain plan entitled Electrical Connections for the Hingham Shipyard Redevelopment, dated April 11, 2007, which plan has been approved by the Planning Board.  The Shipyard Owners shall comply with the terms and conditions of the Memorandum of Agreement, which are hereby incorporated in this Decision by reference. 
8. The Shipyard Owners will install OPTICOM systems at the following signalized intersections: 

. Shipyard Drive East and Lincoln Street
. Shipyard Drive West and Lincoln Street
. Essington Drive and Lincoln Street
. Fottler Road, Lincoln Street and Bradley Woods Drive
. Thaxter Street, Lincoln Street, Downer Avenue, and Broad Cove Road (Route 3A)
. Beal Street at Sgt. William B. Terry Drive
9. The Shipyard Owners shall fund $500,000 to the Town of Hingham for the following improvements along the Beal Street corridor:  Reduce the width of Beal Street from Route 3A and Fottler Road from 43 ft. to 34 ft., accommodating two twelve foot travel lanes, 5 ft. bicycle lanes along both sides of the roadway, and 5 ft. sidewalks along both sides of the roadway separated from the travel way by a landscaped planting strip.  Crosswalks shall be installed at all intersecting streets on Beal Street.  Wheelchair ramps shall be provided on both sides of the crosswalk, and STOP-signs, STOP-lines, and Pedestrian Crossing warning signs shall be located approximately 175 feet north and south of the crossings in order to provide motorists with advance notice of the potential for pedestrians to be crossing at these locations.  Such funds shall be paid to the Town as follows: 
(a) Funds for the development of design and construction documents shall be paid to the Town within thirty (30) days after submittal by the Town to the Shipyard Owners of an approved contract for such work.
(b) The remaining funds shall be paid within forty-five (45) days of delivery of written notice from the Town to the Land Owners that a request for bids for the construction work has been issued by the Town.
10. Condition #35 of the Original Permit is replaced in its entirety as follows: "The Shipyard Owners shall conduct a post-development monitoring program in order to document the actual traffic characteristics of the Shipyard development and the effectiveness of the Transportation Demand Management (TDM) program to be implemented in conjunction with the development.  The post-development monitoring program will also be used to gauge the need for refinements to the off-site improvement program for the project; however, such refinements shall be limited to non-geometric modifications such as traffic signal timing and coordination pattern adjustments and the installation of signs and pavement markings as may be required, and shall not require additional traffic signals, signal indications or associated appurtenances to be installed.  The monitoring shall be completed under the direction of a Professional Engineer duly licensed in the Commonwealth of Massachusetts and certified accordingly, and will be completed on annual basis commencing upon actual occupancy of the first 50,000 square feet of commercial space or 50 residential units whichever comes first, and shall continue for a period of five years after the issuance of certificates of occupancy for all or substantially all of the buildings within the Shipyard development.  The monitoring program shall consist of the following:
-Collection of 72-hour (Thursday-Sunday) automatic traffic recorder counts (ATR) on the roadways serving the project (HMS Essington Drive, Shipyard Drive East, Shipyard Drive West, and USS Amesbury Drive).

-Collection and analysis (intersection capacity analysis as defined in the Highway Capacity Manual )of weekday morning (7:00 am-9:00 am), weekday evening (4:00 pm -6:00 pm) and Saturday midday (11 am - 2 pm) peak period manual turning movement counts at the following intersections:

. Route 3A, Lincoln Plaza and Essington Drive
. Route 3A, Sgt. William B. Terry Drive/Shipyard Drive West
. Route 3A/ Talbots Drive/ Shipyard Drive East
. Route 3A/Amesbury Drive
. Shipyard Drive West/Essington Drive
. Beal Street at Sgt. William B. Terry Drive

-Documentation of commuting modes of residents and employees of the project. 

The traffic counts that form the basis of the monitoring program shall be completed on an average weekday (Tuesday-Thursday) under average month conditions while public schools are in regular session (April-June, September-October).  The results of the monitoring program shall be summarized in a report submitted to the Town Planner or their designee prior to end of the calendar year in which the study is completed.  Should the post-development monitoring program indicate a consistent and sustained increase in the volume of traffic associated with the Shipyard development that exceeds 10 percent of the traffic volume projections assessed in the Permit Modification Application for the Shipyard development and as subsequently supplemented and amended, and/or the distribution of traffic to the Shipyard access roadways (Shipyard Drive (east and west), Essington Drive and Amesbury Drive) exceed a similar value, an assessment of corrective measures will be undertaken and provided to the Town that are designed to address any operational deficiencies or increased use of local roadways that are quantifiable and directly attributable to the Shipyard development.  The identified corrective measures shall be implemented at the direction of and at no cost to the Town, and subject to receipt of the necessary State and local approvals and within the public-right-of-way (i.e. no land acquisitions or easements).  Such measures shall be limited to non-geometric modifications such as traffic signal timing and coordination pattern adjustments and the installation of signs and pavement markings as may be required, and shall not require additional traffic signals, signal indications or associated appurtenances to be installed.
At the direction of the Town Planner, the Land Owners will reappear before the Planning Board and Zoning Board at a duly noticed public hearing to present the results of the post-development monitoring program.  The Town may retain the services of a Professional Engineer at the sole expense of the Land Owners to review the methodology, results and findings of the post-development monitoring program.
11. Condition A.5 of the Roseland Site Plan Approval is hereby deleted and replaced in its entirety with the following:  "The Shipyard Owners shall finalize and submit for approval an Historical Monumentation Plan consistent with the proposed Historical Monumentation Plan dated 5/9/07 submitted with the Samuels Project Plans, provided, however, that (a) the proposed number of historic panels shown on such plans has been approved and (b) such final plan shall also include the preservation and public display of the Shipyard "eagle", "gatehouse" and "E" flag (or replica thereof) and flagpole.  Implementation of the plan by the Land Owners shall occur prior to the issuance of permanent certificates of occupancy for more than one-half of the residential units and 75% of the commercial square footage in the Shipyard Project as follows:  (a) the six waterfront walkway displays shall be implemented, and maintained in perpetuity, by the Property Owners Association and (b) the remaining historical monumentation shall be implemented and maintained by the individual Land Owner within each Land Owner's site."
12. Prior to the issuance of a building permit for any building on the Samuels Premises, the drainage pipe between DMH 1 and DMH 1A will be relocated in accordance with the Project Plans submitted with the Original Permit, and shall be shown in the correct location on as-built plans to be delivered to the Town.
13. A certificate signed by the Town Planner shall, to the extent set forth therein be deemed to be conclusive evidence of approval by the Planning Board of the fulfillment of any Site Plan Conditions of this Mixed-Use Permit.
B.  Conditions Governing the Samuels Project
1. Condition #16 of the Original Permit is hereby deleted.
2. Condition #19 of the Original Permit shall be deleted and replaced in its entirety by the following: "Samuels shall provide appropriate safety fencing and screening around the outdoor play area associated with the day care center."
3. Trash rooms in all buildings shall not face Shipyard Drive.  Dumpsters shall be located as shown on the Samuels Project Plans. Samuels will contract with a private trash hauler to remove trash from the commercial and residential portions of the Samuels Project.  The residential buildings in the Samuels Project will be designed to include interior trash rooms, with separated recycling centers, all of which will be collected by a private hauling company.
4. Prior to the issuance of a building permit for the Samuels Project, Samuels will submit final Landscape Plans for the Samuels Project consistent with the conceptual plans presented to the Planning Board dated November 8, 2006, last revised May 9, 2007.  All landscaped areas shall be maintained in perpetuity substantially as shown on the final landscape plans.
5. The Waterfront Park shown on the Open Space plan, dated May 9, 2007, shall be maintained in perpetuity for public access and enjoyment and shall include an amphitheatre with electrical service sufficient for public performances, provided that all such uses of the Waterfront Park shall be subject to reasonable rules and regulations established by the Land Owner.
6. During the months of November and December, any snow plowed from the parking and roadway areas on the Samuels site or used by Samuels will be promptly removed offsite.  During the months of January, February, March and April, Samuels will be permitted to store plowed snow in the parking areas detailed on the Snow Storage Plan dated May 17, 2007 and included as an exhibit to the Samuels Project Plans. If the Building Commissioner determines that there is insufficient parking on the site the Applicant shall be required to extend the snow removal period as necessary.
7. Samuels will use diligent efforts to require employees to park in the designated spaces as shown on the Parking Designation Plan submitted to the Planning Board dated May 9, 2007 and included as an Exhibit to the Samuels Project Plans.
8. Samuels will be permitted to allow Sea Chain to store boats during the period from October 1st -June 1st on the Samuels site in the areas designated on the Samuels Mixed Use Boat Storage and Winter Parking Exhibit dated May 9, 2007 and included as an Exhibit to the Samuels Project Plans.  During this period, parking will be provided on the Sea Chain lot to service the Samuels' development as detailed on the Parking Designation Plan dated May 9, 2007.  Prior to issuance of the first certificate of occupancy for the Samuels site, Samuels shall provide a fencing detail to the Planning Board and Zoning Board of Appeals indicating how such fencing will screen and contain the boats in these designated areas.
9. Samuels agrees to construct the commercial buildings in general accordance with the elevation drawings submitted with the Samuels Project Plans.
10. Samuels agrees to construct the residential buildings on the Samuels site in general accordance with the elevation drawings submitted with the Samuels Project Plans, provided, however, that Samuels shall reappear before the Planning Board to review all residential building elevations during the design development phase.  Further review by the Planning Board shall be limited to exterior design of the proposed elevation.
The meeting adjourned at 10:20 PM.

Respectfully submitted,

Katharine Lacy
Town Planner