Minutes Monday, February 11 , 2008
Regular Meeting
Planning Board Agenda for Monday, February 11, 2008
Scheduled:
7:00 PM Initial Public Hearing to Amend the Zoning By-Law to Create a 40R District
8:00 PM Continuation of Ongoing Public Hearings to Amend Zoning By-Law
• 8:00 Article C (To establish minimum/maximum acreage for Mixed-Use Special Permit in Industrial District)
8:30 PM POSTPONED - 26 Summer Street--Continuation of Public Hearing Site Plan Review and Parking Determination-
Old/New Business
Form A – 186 Otis Street
Central Meeting Room South _______________
Present: Planning Board Members, Paul Healey, Chair, Sarah Corey, Clerk, Susan Murphy,
Judy Sneath and Gary Tondorf-Dick. Also present was Planner Katharine Lacy.
RE: Public Zoning Hearing on Creation of 40R Overlay District
Jim O’Brien of the Hingham Housing Trust, and Mr. Adam Costa, consultant to the Town, presented a proposed amendment to the Zoning By-Law to create a 40R Smart Growth Overlay District in Hingham. The article is being put forth by the Selectmen in collaboration with the Hingham Housing Trust. The District which would include a 2.96-acre site within the Avalon portion of the Hingham Shipyard, and a 3.22-acre development area within the Selectmen’s Parcel on Beal Street.
Mr. O’Brien explained that the 40R statute was developed by the state to promote “Smart-Growth” types of development, with a focus on relatively high density and multi-family developments. In Hingham’s case, the district would include two projects that are already planned or underway--the 91-unit rental apartment at in the Shipyard, and the portion of the School Depot known as the Selectmen’s Parcel that Town Meeting voted to dispose of for affordable housing in 2005.
The primary motivation for creating this new district would be to take advantage of a bonus payment that the State would provide for such developments. In accordance with the 40R regulations, because the number of units included in the district would exceed 100, the Town would receive a one-time grant payment of $200,000. Additionally, for units created under the 40R zoning, the Town would receive $3000 per unit at the time that building permits are issued. Because the building permits for the Avalon units would already be issued by the time that the district was created, the per-unit payment would only apply to the 38 units at the Selectmen’s parcel, to provide another $114,000.
An application has been submitted to DHCD to accept Hingham’s 40R District, which is contingent on the District being voted in at the 2008 Town Meeting.
Mr. O’Brien explained that the 40R regulations allowed them to create distinct standards for various sub-zones within the Overlay District. For example, the Avalon parcel would be classified as multi-family, with a minimum of 20 units per acre, while the Selectmen’s parcel would be classified as 2-3 family, which requires a density of 12 units per acre. Separate design standards would be prepared for the various sub-zones.
Susan Murphy asked how the Town could guarantee that DHCD would provide the incentive payment since these projects were basically underway, and not newly created within the 40R District. Mr. O’Brien responded that DHCD is motivated to get communities such as Hingham to participate in the program.
Sarah Corey asked how the “Permit Approval Authority” (PPA) described in the statute would work. Mr. O’Brien responded that the way 40R was set up a Town could designate their ZBA. Planning Board, Board of Selectmen or a combination to review and approve 40R Projects. Ms. Corey noted that the joint hearings with the ZBA and Planning Board have been working well, and perhaps the joint Boards should serve as the PAA.
Mr. Tondorf-Dick asked how one set of standards could address two such different projects, and Mr. O’Brien reiterated that different standards would be written for each sub-zone.
Mr. O’Brien noted that the way the Zoning By-Law is currently proposed, the PAA would write the design standards after the By-law is passed. This prompted a long discussion as to the pros and cons of leaving this until after Town Meeting. Ms. Murphy expressed concern that Town Meeting would not approve an Overlay District that was so vague.
She also expressed a general concern about the fact that, in accordance with the statute, any changes to the By-Law, including design standards, would have to be approved by DHCD as well as Town Meeting before they could be implemented.
Ultimately the Board recommended that the design standards be included into the Zoning By-Law that would go before Town Meeting this year. Mr. O’Brien said that he would work with Ms. Lacy to draft these standards.
Ms. Murphy also noted that the By-Law needed to include a specific provision to change the Zoning Map to show where the District would be located.
Both Gary Seelen and Gary Tondorf-Dick expressed concern that the 40R By-law allowed too much state involvement in the local zoning process. Jerry stated that once the Overlay District was created that it would be too easy to expand the district, which would allow additional by-right, high density projects throughout Town.
Jim Drew, the owner of Toy Storage, asked the Boards how badly did the Town need $200,000 to go to all of the trouble modifying the By-Law. He also noted that it might be a good idea to figure out up front where the grant money would be spent. He noted that perhaps this money could be best spent on improvements to Beal Street, which would be directly impacted by the two developments. Ms. Murphy concurred with this last point.
The hearing was continued to February 25, 2008.
RE: Continuation of Ongoing Public Hearings to Amend Zoning By-Law
Article C (To establish minimum/maximum acreage for Mixed-Use Special Permit in Industrial District)
The Board continued discussion of Article C. This article was developed as a way to prevent Mixed-Use developments such as the Shipyard from occurring in the Industrially-zoned property across the street. This article was first proposed, in a different form, by the Zoning Permit Study Committee to address the goal of growth management, on the basis that the Town infrastructure would not sufficient to handle another development of the scale of the Shipyard in this area of Town. At the last hearing on the article, Jerry Seelen noted that if a maximum acreage was not put into place, it might be possible for the Shipyard to expand across 3A to incorporate additional property, so the article was revised accordingly.
The Board VOTED to submit the following article to for inclusion on 2008 Meeting warrant:
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”, delete the first sentence, and replace with the following: “A minimum of 100 acres, and a maximum of 140 acres is required within the Industrial District.”
Old/New Business
Form A - 186 Otis Street
It was moved, seconded, and SO VOTED, to endorse the Form A Plan for 186 Otis Street, dated February 6, 2008 and prepared by Daylor Associates for Bryan Sweeney, 192 Otis Street, Hingham, Ma, applicant and Suzanne Genest, 186 Otis Street, Hingham, MA, owner.
The purpose of the Form A was to create two new lots from a waterfront lot currently owned by Suzanne Dreyer Genest, and located across Otis Street from her property. One of the waterfront lots would be deeded to Ms. Genest’s neighbor, Brian and Rita Sweeney.
The meeting adjourned at 9:30 PM.
Respectfully submitted,
Katharine Lacy, Town Planner