Ben Wilcox joined the Board to discuss the next items in this article, which are intended to allow the same rights relative to vehicle storage accessory to existing residences in all districts in Town, even those not located in residences districts. The Board acknowledged that the Use table as currently written does not reflect the provisions for accessory uses for residential uses as set forth in Section III-I.

In terms of Item 5 in the proposed article, which would insert a provision allowing drive-thru pharmacies, Jerry Seelen argued that, since Site Plan Review would already be required for any new drive-thru uses it was already sufficiently regulated.  The Board determined that this would best be considered as a separate article.

It was moved, seconded, and SO VOTED, unanimously, by those present to submit the following article for inclusion in the warrant for the 2008 Town Meeting.

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 1.8.1 "Garaging of not more than 3 non-commercial motor vehicles" change "O" to "P" for all use categories.

Item 2 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" for all use categories.

Item 3 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" change "O" to "A1" for all use categories .

RE:  26 Summer St. - Site Plan Review and Special Permit A3
Judy Sneath was not present at this time. The Board was joined by alternate member, Bill Ramsey for this portion of the hearing.

Present for the Applicant: Tom Hastings, owner, and Bruce Issadore, Attorney.

This was a hearing on the application of Hingham Boat Yard, LLC for Special Permits A1, A2 and variances from the ZBA, with Site Plan Review and a Special Permit A3 (parking waiver) from the Planning Board relative to an application for the construction of an 8,622 square foot mixed-use building and 46-slip marina with associated parking (26 spaces) on a 23,507 square foot site located at 26 Summer Street.

Mr. Hastings explained that what he was presenting to the Board was a slightly modified version of this project was approved by the Zoning Board of Appeals (with a Planning Board recommendation) in April 2004. Since that time some changes were required to the original design based on the Special Conditions required in the Chapter 91 License. Changes required by the Ch. 91 License included 1) that the proposed boardwalk be expanded to encompass the entire perimeter of the site, 2) that additional square footage on the ground floor be dedicated to retail use (the original permit included a restriction that limited commercial or retail use on the ground floor to 1808 square feet, the Ch. 91 License requires that "Not less than 2140 s.f. be dedicated to Facilities of Public Accommodation") and 3) that the building shift 3'2" away from the water towards Summer Street. The Applicant also wants to modify the previously approved project by expanding the number of slips by 12, and reducing the number of moorings by 7. These twelve slips are currently in place with a 10A License granted by the Harbormaster AFTER the 2004 permit was granted; Mr. Hastings has also applied for a Chapter 91 license to make these additional twelve spaces permanent.

In terms of meeting the Town's off-street parking requirement, Mr. Hastings explained the 26 spaces he was providing would be sufficient for a variety of reasons. First, he noted that the office use and marina use are complimentary in that the office use will be used most heavily during the week, and the marina would be used in the evenings and on weekends. He explained that if additional parking was needed for the marina use, a drop off area would be provided so that boaters could drop off their stuff, and park their cars at Station Street and Town Pier parking areas. He noted that Hingham Boat Yard, LLC had contracted with Baxter Mooring and Launch Service to provide water taxi service for slip renters parking in the Town Pier parking lot.

Mr. Hastings also noted that it was his intent that many of the office tenants would also be renting slips, and he would be willing to require that at least ten of the office leases be linked to slip leases.

Ms. Lacy noted that the application does not include the standard parking calculations, but based on a very rough calculation, they would be required to have 59 parking spaces per the Town's off-street parking requirements, and they are providing 26.

Mr. Hastings pointed out that a similar waiver was granted by the ZBA in 2004 based on a shared parking analysis indicating that the slips and the office/commercial space would be used at alternate times, and an understanding that the property in question was very close to the Town lot at Station Street. Ms. Corey responded that the parking situation at the Station Street lot had changed significantly since the application was originally approved in 2003/2004, in that many more cars were now using the lot.

Ms. Lacy noted that, in the case of the marina at 3 Otis Street (which has eight off-street parking spaces, a 2660 sf building and 38 slips) the Planning Board had made a determination that a long-term parking waiver could not be granted unless the applicant provided sufficient off-street parking. This decision had set a precedent which made it almost impossible for the Planning Board to grant the waiver requested by Mr. Hastings.

Mr. Hastings proceeded to outline the various distinctions between this property and the Old Salt marina. He pointed out that Old Salt has eight parking spaces and he had 26.  He also noted that Old Salt was running a full-service marina with trucks, equipment, etc. He further noted that, in the case of his project 10 of the slips would be rented by tenants of the building.

Gary Tondorf-Dick asked what provisions the new facility would provide for boaters arriving from the water, not in cars. He pointed out that there is currently no temporary docking facility, showers or bathrooms, for boaters visiting from other areas. He noted that other waterfront Towns provided more services to boaters, which resulted in increased tourism. Gary also asked whether it would be possible to include some sort of chandlery use on the site, as there was currently nowhere to procure boating supplies. Mr. Hastings noted that he had looked into the chandlery idea, but had found that it would be very difficult to compete with the larger marine outfitters such R and R or West Marine.

Mr. Hastings went on to describe the uses planned for the building.  The upper story would include office suites for "high-level" executives who wanted to have an office in Hingham, and possibly rent a slip for their boat at the same location. The lower story, as would include at least 2,140 square feet devoted to "Facilities of Public Accommodation"  as defined  by Chapter 91. Board members asked what was planned for the ground floor and Mr. Hastings said that he was considering office-type uses such as a stock brokerage. There will also be a public bathroom in a separate building on site.

Mr. Healey asked Mr. Hastings to provide a position paper on why his property was different from 3 Otis Street in terms justifying a waiver for off-street parking. He also asked for additional information on the impacts of running a launch service from Town Pier to the 26 Summer Street property in terms of wear and tear on the Town Pier. Ms. Lacy asked for a table showing how much parking was required for each proposed use on the property, and how much was provided, with a specific waiver request. She also asked for a full table showing zoning compliance (setbacks, lot coverage, etc.) on the plans.

Nicholas Bonn, who was in the audience, spoke in support of the project, stating that it seemed to be in the Town's interest to have an active waterfront with marine-related uses.

The Meeting was adjourned at 9:45 PM.

Respectfully submitted,