Minutes Monday, November 26, 2007
Regular Meeting
Planning Board Agenda for Monday, November 26, 2007

7:00 PM 288 Main Street Joint Hearing with ZBA

Special Permit A2, A3 and Site Plan Approval and Special Permit

8:00 PM 74 Abington Street-Scenic View Investments, LLC

Site Plan Review for Building Permit

Old/New Business

1. Dennis Road Subdivision-Vote to Extend Time of Completion

2. Vote to Submit 2008 Zoning Article to Selectmen

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: Joint Hearing with ZBA for Karma Cakes, 288 Main Street Special Permit A2, A3 and Site Plan Approval

This was a joint hearing with Zoning Board of Appeals on the Application of Nancy Gould and Debra Lally for a Special Permit A3 parking determination with waivers if necessary, under Section V-A, and a Special Permit A2 with Site Plan Review for a sit down/take-out bakery and café at 288 Main Street in the Business A zoning district.

The Applicants were represented by M.J. Shultz. Ms. Gould explained that the proposed café use will be located within the existing space at 288 Main Street, and will require only internal modifications. The applicant proposes to open a retail storefront/take-out café to sell pastries, specialty cakes, and desserts. There will be no kitchen on-site, as all baked good will be brought in from a licensed vendor, though the applicant would like to serve coffee, soup, quiche, and fruit smoothies to eat on site. The applicant proposes to provide 15 counter seats for customers wishing to eat on site. Hours of operation were proposed from 6:30 AM to around 4:00 PM, though they would like to be able to meet with customers by appointment in the evenings.

Ms. Shultz stated that the building where the bakery will be located is part of the Atlantic Bagel complex, which is a total of 3862 square feet in size, and includes six separate commercial tenants including Atlantic Bagel, a barber shop, hair salon, nail salon and real estate agent. The applicant provided a sketch parking plan showing that there are 16 off-site parking spaces on the same lot as the building, as well as 11 shared on-street spaces in front. The entire building pre-dates zoning, and all of the other businesses located within are grandfathered in terms of meeting the off-street parking requirements. This new business would require 4 parking spaces based on the provision of 16 café seats. Based on a shared parking analysis for the whole building, Ms. Shultz figured that there were three parking spaces available, resulting in the need for a waiver request for a reduction of 1 space.

Both Boards engaged in a long discussion about traffic and parking in Hingham Centre. Paul Healey stated that the 16-spaces shown on the parcel where the bakery would be located were actually used by tenants of the adjacent property. He and Ms. Sneath also expressed concern that the lack of parking in the Centre was causing traffic tie-ups and forcing customers to park in adjacent residential areas, which eroded their character. Both Boards agreed that parking and traffic congestion were at their worst in the early morning, from about 6:30-8:30 AM, when the Bagel Shop was the busiest.

Sue Sullivan, economic development consultant to the Town, stated the opinion that the proposed business would not result in a significant amount of new traffic, in that the bulk of visitors would be already driving by the area. She also noted that there was a need and demand for this type of bakery use in this area.

Ms. Murphy and Ms. Corey both stated that they felt that there was sufficient parking to handle the proposed retail/café use, but strongly discouraged the granting of a waiver at this time. They

suggested that the Applicant reduce the number of seats to 12, which would require only three spaces, and thus represent an equal exchange with the business previously occupying the site.

ZBA members suggested that the Applicant modify their proposed hours of operation to have a later start in the morning, but stay open later at night, in order to reduce conflicts with existing businesses in this area.

Ms. Shultz requested, on behalf of her clients, that the Boards take a five minute recess so that the Applicant could consider these suggestions. When they returned, Ms. Shultz stated that the applicant would like to modify their proposal to include only twelve seats, and to change their regular hours of operation to 7:30 AM -6:00 PM.

It was moved, seconded and SO VOTED, by all members of the Planning Board to grant a Special Permit A3-parking determination for the Karma Café, based on the fact that is would be an equal exchange with the previous use in terms of number of parking spaces, subject to ZBA approval, and the following conditions:

The parking lot located on the property shall be properly striped
Employees of the new business shall be required to park in the 16-space lot behind the store;
The number of seats in the café shall be limited to 12.

Following the Planning Board vote, the ZBA voted to approve the Special Permit A2 for the proposed café use, also subject to a series of conditions, including

hours of operation shall be limited to 7:30 AM to 6:00 PM
deliveries shall not occur before 8:30 AM

RE: 74 Abington Street-Scenic View Investments, LLC Site Plan Review for Building Permit

Greg Morse from MacKenzie Engineering spoke on behalf of the Applicant. The Applicant seeks Site Plan Approval in association with an application for a building permit in accordance with Section I-H of the Zoning By-Law for the construction of a 15,000 s.f. light industrial/office building on approximately 10.2 acres in the Industrial Park District and South Hingham Overlay District.

Much of the site is wetlands, and the applicant will be seeking an Order of Conditions from the Conservation Commission, as well as approval from the Board of Health for their proposed septic system. Water will be provided by an on-site, potable well. The building will include 7,500 s.f. of General Business Office/Sales showroom, and 7,500 s.f. of Warehouse/Industrial. At this point the applicant has entered into discussions with a cabinet maker as the proposed tenant.

Intensity regulations limit FAR in this district to 45%; the FAR for this project will be 3.5%. Approximately 1.2 acres of the property will be disturbed. All setbacks will be met. The building is proposed to be 30' high, with a basement, first floor, and mezzanine level. There will be no access to the building from the basement level. The plan shows 43 parking spaces, which is more than sufficient based on the specific break-down of uses proposed, and there appears to be additional room for more parking if needed based on a future change of use.

Paul Healey pointed out that this portion of Abington Street was subject to frequent wash-outs. He also asked about the quantity of fill to be brought in. Mr. Morse responded that in order to create a level parking area to the rear, a significant amount of fill would be required.

Paul Brogna has been reviewing this for the Board of Health, and will be serving as peer-review consultant for the Planning Board as well. Paul Brogna requested additional information, including

Status of Conservation Commission Review
Status of Board of Health Review
Line of site information at the proposed driveway with Abington Street
Soil test information in location of the proposed detention basin
Status of the potable well
Details of all retaining walls
Building elevation plans and building floor plans showing basement, first second floors
Site Lighting plan
Landscaping Plan
Details of proposed dry-wells

Sarah Corey asked if the plan complied with the landscaping requirements, and Mr. Morse said that it did, but that the tree could be moved if the Board so desired.

Mr. Suggested that the Applicant return after modifying the plan in accordance with Board comments, as well as the requirements of the BOH and Con Com. The hearing was continued to January 7^th.

Old/New Business

1. Vote to Extend Time for Completion-Dennis Road Subdivision

This project was approved by the Board in 2005 with a two-year time of completion. To date no work has been done on the site, as Mike Ferrara has been held up in his efforts to get water for Fire Prevention from Abington /Rockland. In recent months the applicant has worked out a strategy with the DPW and Fire Department that will allow the infrastructure for the water supply to be put in place on Abington Street in coordination with the reconstruction of the roadway by DPW. The Applicant is requesting a one-year extension to November 30, 2008.

It was moved, seconded, and SO VOTED, unanimously, by those present to approve an extension for the time of completion for the Dennis Road Subdivision to November 30, 2008.

2. Vote on Zoning Articles to be submitted to the Selectmen for inclusion on the 2008 Town Meeting Warrant.

It was moved, seconded and SO VOTED, unanimously, by those present to submit the following articles:

ARTICLE A Will 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 would prohibit the placement of any additional cell-towers on the Water Company parcel. 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:

Item 1 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).

Item 2 At Section III-A, Schedule of Uses, at subsection 1.8.1 "Garaging of not more than 3 non-commercial motor vehicles" under Business A, change "O" to "P".

Item 3 At Section III-A, Schedule of Uses, at subsection 1.8.2 "Garaging or parking of one commercial vehicle with a maximum gross weight of 10,000 lbs" under Business A, change "O" to "P".

Item 4 At Section III-A, Schedule of Uses, at subsection 1.8.3 "Garaging or parking of one commercial vehicle in excess of 10,000 lbs. or more than one commercial vehicle" under Business A, change "O" to "A1".

Item 5

i. At Section III-A (4), in set, between subsection 4.1 "Retail Store" and 4.2, "Craft, consumer or commercial establishment," a new subsection 4.1A as follows:

"4.1A Drive-through pharmacy"which would be permitted with a Special Permit A2 in the Business B District, and prohibited in all other zoning districts.

ii. At Section 4.17 (Retail Group) add 4.1A, between "4.1 and 4.2".

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 IV-G (9) (a), "Site Area Requirements", change "25 acres" to "200 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 could potentially result in the development of another Shipyadr-type development across the street on 3A. This article was identified as a sort of place-holder until such time that appropriate planning indicates the feasibility (in terms of traffic infrastructure, etc.) of another mixed-use development in this location. )

ARTICLE D 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 By-Law change was drafted by Jim Toomey and is intended to bring the Town into compliance with statutory exemptions for religious or educational uses set for in Chapter 40A, Section 3.)

ARTICLE E 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 the Section III (A) 4.17 (Retail Group), insert the words "two or more" between the words "consisting of" and "uses", or otherwise define "retail group".

Item 2 Change the letter "P" under Industrial and Industrial Park to "A2".

(This article would require a Special Permit A2 for "Retail Group" (such Derby Street Shoppes) in Industrial and Industrial Park District. The "Retail Group" use is currently permitted as-of-right in the Industrial and Industrial Park Districts.)

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 the Table at Section V-A (2) Off-Street Parking Requirements,

a. Change the entry in the column entitled "Requirement" at the row for Retail/Commercial from "5 Spaces per 1000 GFA" to "4 Spaces per 1000 GFA"

b. Change the entry in the column entitled "Requirement" at the row for Medical and Dental offices from "6 Spaces/Doctor or Dentist" to "1 space per 175 SF of GFA".

c. Change the entry in the column entitled "Requirement" at the row for Motor Vehicle Service/Filling Station from "2 spaces per bay or work station" to "1 space per bay or work station."

d. Change the entry in the column entitled "Requirement" at the row for Churches and Funeral Parlors from 1 space per 3 seats to 1 space per 5 seats.

e. Change the entry in the column entitled ""Requirement" at the row for Warehousing and Wholesaling from 1 ¼ space per 1000 GFA to 1 space per 1000 SF GFA

f. 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."

g. Add a new Note "e" as follows: "The Planning Board may grant a Special Permit allowing up to 30% of the spaces in a parking space or garage be sized for compact cars."

Item 2 At Section V-A (3), Parking Dimension Requirements, in the "Table of Parking Dimensions",

a. Under "Parallel Parking Spaces" change the minimum required width from 9' to 8.5'.

b. Add a new heading for "Compact Car" with a minimum width of 8' and minimum length of 15'

c. Under "Aisle Width", change the required minimum aisle width for parallel parking from 24' to 14'.

d. Under "Minimum Driveway Widths" change the minimum requirement for One Way from 12' to 9'.

Item 3 At Section V-A (5) l, add the words "concrete, concrete brick, paving stones, porous pavement (overflow parking only)" between the words "asphalt" and "or similar non-erosive surface."

Item 4 At Section V-A (5) add the following design standard:

"N. All parking and loading areas containing over five (5) spaces, which are not inside a structure, shall also be subject to the following:

a) The surfaced area shall be set back at least ten (10) feet from front lot lines and from all lot lines of abutting property used for residential purposes; however, for side and rear lot lines, the setback need only be five (5) feet. If the setback includes a solid wall or fence, five (5) to six (6) feet in height complemented by suitable plantings is acceptable. In no case shall the paved area be set back from the front lot line a distance less than the minimum front yard setback for the district, nor from a side or rear lot line a distance less than the minimum side or rear lot setback.

b) The area shall be effectively screened with suitable planting or fencing on each side that faces abutting lots used for residential purposes. Such screening shall be within the lot boundaries, and at least five (5) feet and not more than six (6) feet in height. Parking areas and access driveways accessory to any multi-family dwelling shall be separated from said building by a buffer strip of green open space not less than five (5) feet in width and suitably planted. The area within the setback from the front lot line shall be landscaped and shall contain a compact hedge, fence, or berm. The hedge, fence or berm shall be at least three (3) feet high and placed parallel to the street leaving a ten (10) foot buffer to the driveway, except if the landscaped areas are being used as stormwater BMPs; therefore, the planting design should be consistent with design recommended for the selected BMPs.

c) Parking shall not be located within the required front yard area in any district.

O. Parking areas providing more than twenty-five (25) spaces shall include a landscaped area that is at least eight (8) percent of the total paved portion of the parking area. Individual strips of landscaping shall be at least four (4) feet in width.

(This includes all proposed changes to the Off-Street Parking Regulations proposed by Horsely and Witton through the Smart Growth grant, as well as a change proposed by Jerry Seelen.)

3. Ch. 91 Application, 26 Summer Street

Ms. Lacy informed the Board that she had received notification of a Chapter 91 Application for 26 Summer Street to make permanent a bottom anchored pier currently attached to the existing 32-slip marina. The Board noted that they would like to hold a public hearing on this application pursuant to Ch. 91.

The meeting adjourned at 10:40 PM.

Respectfully submitted,

Katharine Lacy