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Minutes Monday, November 5, 2007
Regular Meeting
Planning Board Agenda for Monday, November 5, 2007

7:00 PM           Meet with representatives from Hingham Development and Industrial Commission and Sue Sullivan to assess conformance of                                                 economic development plans for Downtown with current zoning requirements.

7:45 PM           Working Session to identify and clarify proposed amendments to                                   the Zoning By-Law for consideration at the 2008 Town Meeting.

                                                                                                          __________

Present: Planning Board Members, Paul Healey Chair, Sarah Corey, Clerk, Susan Murphy, Judy

Sneath and Gary Tondorf-Dick.  Also present was Planner Katharine Lacy.

Mr. Healey opened the public meeting at 7:00 P.M. at the Hingham Town Hall.

RE:  Meeting with Hingham Development and Industrial Commission and Sue Sullivan

Bruce Rabuffo, Chairman of the HDIC, Sue Sullivan, economic development consultant to the Town, and other members of the HDIC met with the Planning Board to discuss the HDIC's plans for downtown, and how they mesh with off-street parking regulations, and the needs and concerns of the downtown residents. Mr. Rabuffo provided an overview of the current situation downtown, including goals for economic development and physical improvements. He made note of several concerns including the sufficiency of parking, potential conflicts between residential and commercial uses, and the regulatory challenges facing new and expanding businesses.

Mr. Rabuffo and Sue Sullivan brought the Board up to speed in terms of recent activity downtown including which properties had recently been sold, which new businesses were planned, etc. Planning Board members described the current process in place for granting parking waivers, and pointed out the difficulties that this process posed. He noted that despite the creation of the Downtown Overlay District, there had been no commercial/residential buildings created to date. Judy Sneath pointed out that the current provision allowing for commercial residential buildings in the Downtown Overlay District did not lend itself easily to the actual development of such projects.

The Board discussed the pending development plans for Settles Glass, which appears to have been purchased by a local entrepreneur wishing to create a restaurant with outdoor seating. Ms. Murphy mentioned the potential problems associated with this use, in that it was in close proximity to many residences, and could create potential conflicts in terms of light, noise and parking.

RE:  Working Session to identify and clarify proposed amendments to the Zoning By-Law for consideration at the 2008 Town Meeting.

The Board was joined by Jerry Seelen of the Advisory Committee. Based on discussions that have occurred to date, as well as requests from members of the public, the following articles are under consideration by the Planning Board for submittal to the Selectmen on December 1, and inclusion on the Town Meeting Warrant:

ARTICLE A               That the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, by Amending the "Zoning Map, Part A, Town of Hingham" as heretofore amended, by removing from the Personal Wireless Services Overlay District the Aquarion Water Company, 900 Main Street (Assessor's Map 70-14).

This was supposed to happen last year, but a map amendment was not submitted.

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

At Section V-A (3), Parking Dimension Requirements, in the "Table of Parking Dimensions", change the required minimum aisle width for parallel parking from 24' to 14'.

This was submitted by  Jerry Seelen as a clean-up article.

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

At Section V-A (2) Off-Street Parking Requirements, change the entry in the column titled "Requirement" at the row for Hospitals, Public Buildings, Private Schools, Museums, Stadiums, Arenas, Transportation Terminals from "Based on Site Plan Review Special Permit A2" to "Based on Site Plan Review Special Permit A3."

This is a clean-up article from the shift of parking determinations from the ZBA to the PB.

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

At Section III-A, Schedule of Uses, at subsection 2.4 "Seasonal sale of cut Christmas trees subject to Special Condition 6 of Section III-B" under Official and Open Space, change the letter O (prohibited) to P (permitted by-right).

Submitted by Ben Wilcox as a clean-up article in light of the fact that the Christmas Trees are sold at the Bathing Beach every year.

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

At Section IV-G (9)(a), "Site Area Requirements", change "25 acres" to "50 acres".

(This By-Law change would increase the minimum acreage required for Mixed-Use Industrial District. This was discussed at the Zoning Permit Study Committee last year. Right now our mixed-use By-Law requires a minimum of 25 acres in the Industrial District, which would make the Talbots property eligible.)

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

Item 1: At Section I-I, Site Plan Review, add a new subsection 9 as follows:

9. Site Plan Review shall apply to the use of land or structures, or the expansion of existing structures for charitable, philanthropic, religious, or educational purposes on land owned or leased by the Commonwealth, or any of its agencies, subdivisions or bodies politic, or by a religious sect or denomination, or by a non-profit educational corporation; or by childcare facilities provided, however, that such land or structure shall be subject only to regulations concerning the bulk and height of structures, yard size, lot area, open space, parking, and building coverage.

Item 2: At Section III-A, amend Sections 3.3, 3.4, 3.5, and 3.8 so that the letter "P" appears in all columns. 

Item 3.  At Section III-B, add a new section 8 as follows:

8. The uses allowed in Section III-A (3), 3.3, 3.4, 3.5 and 3.8 are allowed as of right as provided in M.G.L. c. 40A, Section 3, but subject to the regulations regarding bulk and height of structures, yard size, lot area, open space, parking, and building coverage of the zoning district in which such structure is located. Site Plan Review is required for each of the innumerate uses as provided in I-I (9) prior to the issuance of a building permit.

This article was submitted by Town Counsel, Jim Toomey, in order to clean up how the Town deals with Site Plan Review for exempt uses.

Board members also discussed several other, less evolved article Zoning Articles being considered by Petitioners, other Town boards and committees, and the Planning Board, and instructed Ms. Lacy to investigate some of these further. The Board will make a final determination of what to submit to the Selectmen at their regularly scheduled meeting on November 26, 2007.

The meeting was adjourned at 9:45 PM

Respectfully submitted,

Katharine Lacy, Town Planner