Minutes Monday, March 27, 2008
Regular Meeting
Planning Board Agenda for Monday, March 27, 2008
7:00 PM Form A-Miles Road
7:10 PM 120 South Pleasant Street Continuation of Scenic Roads Hearing
7:30 PM 269 North Street – John A. Riley Special Permit A3-Parking Waiver
(Joint Hearing with ZBA)
8:00 PM 50 Summer Street – Lincoln Sailing Center
Site Plan Review and Special Permit A-3 (Parking Determination)
(Joint Hearing with ZBA)
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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: Form A-Miles Road
The applicant did not provide a revised plan as promised. The Board will address this on March 31 if a revised plan is presented.
RE: 120 South Pleasant Street Continuation of Scenic Roads Hearing
This was the continuation of a Scenic Roads hearing from Thursday, March 13, 2008. Gary James, engineer and Jim Robichaud, owner and developer, came back before the Board with a revised plan for the parcel at 120 So. Pleasant Street with two driveways cut in from Lazell Street, one serving 240 and 242 Lazell, and the other serving 244 and 246. A single driveway in from South Pleasant Street would serve the house at 120 South Pleasant. This revised plan would require less cut and fill on the site, and have the least impact on the view towards the site from Lazell Street. It would require one new cut into the existing stone wall on Lazell Street, and would not require the removal of any trees in the right-of-way (and thus preclude the need for a Shade Tree hearing). The new cut in the stone wall would be to create a 20’ driveway opening for Lots 240 and 242. The applicant also proposed to rebuild a missing 100’ section of the stone wall along the right-of-way.
Mr. Tondorf-Dick made various suggestions regarding the preferred orientation of the houses, and the lengths of the proposed driveways. The applicant noted that much of this had not been fully resolved, with the exception of the location of the driveway openings. Mr. Healey noted that the treatment of the stone wall and the location of the driveway openings were the primary issues under consideration per the Scenic Roads Act,
Mr. James provided a detail showing the proposed treatment of the openings in the stone wall, which will terminate with granite posts. Mr. Tondorf-Dick suggested that the driveway openings be marked by a curved return.
In terms of the ongoing hearing on the application for a Special Permit A2 for earth removal, Gary James has indicated that it is unclear whether the applicant will actually pursue that at this point.
It was moved, seconded, and SO VOTED, unanimously, by those present, to vote favorably pursuant to M.G.L Chapter 40, Section 15c to approve the proposed driveway opening locations for lots 240, 242, 244, and 246 and treatment of the existing stone wall on Lazell Street as shown on the plans entitled Driveway Option B, dated March 12, 2008, and prepared by James Engineering, Inc. As agreed upon by the applicant, the driveway openings will be 20’ in width, and driveway openings in the stone wall be terminated with granite posts. An existing 100’ gap in the stone wall will be replaced with a 2’ stone wall constructed to match the existing wall. The applicant agreed to pursue the suggestion made by Gary Tondorf-Dick that the stone walls on both sides of the driveway opening be constructed to curve into the site.
RE: 269 North Street – John A. Riley Special Permit A3-Parking Waiver (Joint Hearing with ZBA)
Paul Healey disclosed for the record that he had known John Riley for 25 years, and served on the Planning Board with him for much of that time. Sarah Corey and Susan Murphy also noted that they had served with Mr. Riley on the Planning Board in the past.
Bonnie Hobbs appeared before the Board on behalf of the applicant to request a variance and parking waiver (A3) to construct a 4-car garage to serve the property at 269/271 North Street. The property includes two, attached 2-family homes (for a total of four units). The variance (to be issued by the ZBA) is required because the Hingham Zoning by-law currently limits residential garages to three-cars only. The A3 parking waiver (to be granted by the Planning Board) is required in accordance with Section V (A) 2, which states that “Parking areas for each land use shall be located on the same parcel unless appropriate relief is granted by the Planning Board to permit parking on a contiguous parcel.” The applicant is proposing to construct the 4-car garage and four surface parking spaces on the lot at 269 North Street. Each housing unit will have access to one garage space, and one surface space.
Ms. Hobbs noted that the request for relief for parking on an abutting property was somewhat technical, in that the two lots are jointly owned. Gary Tondorf-Dick asked what would happen if one of the units were sold, and what impact that would have on access to the garage and parking area for other residents. Ms. Hobbs explained that the project would be a condominium form of ownership with a Homeowner’s agreement and covenant protecting access to the parking. Ms. Murphy noted that if the project were to remain as two, distinct 2-family homes that easements could also be used to provide appropriate access to the parking. Ms. Murphy pointed out that the Board’s deliberations regarding the proposed parking relief could not take into account the form of ownership, but that the Board could insert a condition requiring that evidence be provided showing assured access for all four units.
Gary Tondorf-Dick asked how the site drainage would work. Joe Fisher, of the ZBA, noted that the project had already received approval from the Conservation Commission, including approval of the proposed storm-water management for the site.
Attorney Jaqueline Porro spoke on behalf of abutter John License of 267 North Street in opposition to the granting of the variance on the ground that the proposal did not meet the statutory criteria for a variance. Planning Board members deferred to the ZBA to address these issues.
Ms. Lacy explained that whether the 4-car garage was built or not, the applicant would need the Special Permit A3 for parking on an abutting property.
Ms. Murphy moved to grant the request for a Special Permit A3, on the grounds that the request met the findings for parking relief set forth in Section V(A) 1 of the Zoning By-Law, which states that “The Planning Board may grant relief from portions of the regulations if it finds…that a waiver of these regulations will not result in or worsen parking and traffic problems on-site or on the surrounding streets or adversely affect the value of abutting lands and buildings.”
It was moved, seconded and SO VOTED, unanimously, by those present to grant the Special Permit A-3 to permit the parking for 217 North Street to be located at 269 North Street, subject to the condition that prior to the issuance of an Occupancy Permit for 271 North Street, the applicant shall provide to the Planning Board and the Building Commission the following information:
1) a plan clearly delineating the location of the garage and all surface parking spaces, and
2) a copy of a homeowner’s agreement, declaration of covenants, or appropriate easement providing perpetual rights for the residents of 271 North Street to park on the property at 269 North Street.
RE: 50 Summer Street – Lincoln Sailing Center Site Plan Review and Special Permit A-3 (Parking Determination) (Joint Hearing with ZBA)
Lincoln Maritime Center Executive Director Mike Cataldo, Attorney Robert Devin, and Rod Gaskell, SITEC Engineering, appeared on behalf of the applicant.
The Applicant is applying for a Special Permit A-3 for a parking determination for the Lincoln Maritime Center, which will soon occupy Barnes Wharf and Barnes II (aka Steamboat Wharf). A Parking Determination is required under V(A) 2, which states that “For uses not specifically covered by the By-Law, parking requirements shall be determined by Special Permit A3.”
The program includes a sailing program, which will be based on Barnes Wharf, and a Rowing Program, which will be based on Barnes II.
Mr. Cataldo stated that they can provide 29 parking spaces on Barnes Wharf, and that will be sufficient parking for all of the proposed uses at the Center. He mentioned that at this point they told High School users to park in the Station Street lot and walk to the Center. Ms. Murphy pointed out that, without a variance, all of the Center’s parking must be located on their own site. Rod Gaskell noted his belief that, with the proposed configuration, that there would be sufficient parking on the site for all of the proposed uses. He went over a chart provided in the application showing exactly how many users will be at the Center at any one time, and how many corresponding parking spaces will be provided.
Rod Gaskell noted that the proposed improvements for Barnes II, including improvements to the parking area, had been reviewed and approved by the Conservation Commission.
Ms. Lacy reported that, based on a review of the 2002 Permit, which seems to have taken into account the potential intensification of use from the rowing center, the applicant was granted an A2 by the ZBA on a determination that 26 parking spaces would be sufficient for all of the uses in the site at that time. With this A3 application the Planning Board needs to determine whether the proposed physical expansion of the Center onto Barnes II will result in an expansion in the number of users, and would thus trigger a need for additional parking, and whether the 29 spaces offered would be sufficient.
Mr. Healey asked how they planned to prevent further growth of the programs in the future. Mr. Cataldo said that the organization recognized that they had reached the maximum manageable number of participants. He also noted that a proposed new rowing center in Quincy would draw many members of the rowing program away, including the High School programs from Notre Dame and Thayer Academy.
Gary Tondorf-Dick asked about site lighting. Mike Cataldo responded that there was not much lighting planned for the site, as they did not intend to use it after dark. However, there were security lights mounted on the building, and a single light located at the end of the wharf. Mr. Tondorf-Dick also asked whether there would be some sort of barrier between the site and the rotary. Mr. Cataldo replied that the only barrier was a hard curb between the roadway and the edge of the parking area.
Board members expressed concern about pedestrian safety on the site, and the potential conflicts between potential participants and cars pulling in and out of the parking area. Judy Sneath suggested a simple physical barricade around the parking area. Mike Cataldo expressed concern that such a barricade could block access for trailers carry on boats onto the site, which needed to pull up to the building to be unloaded. Rod Gaskell noted that they could use removable posts and chains which could be removed when needed to provide vehicular access to the building.
Mr. James Clark, 79 Tower Road, expressed concern that so many trees on the site had been cut down. He also asked several questions about previously approved plans for the site, and why they had not been implemented to date.
It was moved, seconded and SO VOTED, by all members present, to approve the request for a Special Permit A3 (Parking Determination) for the Lincoln Maritime Center on the determination that 31 spaces would be sufficient for the proposed uses on the site, subject to the following conditions:
1. The parking and drop-off configuration shall be laid out as shown on the plan dated March 5, 2008 prepared by SITEC Engineering;
2. Individual parking spaces will be delineated with stop-blocks
3. A fence, posts and chains, or other safety mechanism will be provided to create a separation between the parking area and the rest of the site;
4. There will be no agreement, policy or regulation prohibiting users of the site from parking on-site.
Old/New Business
Hingham Middle School
Ms. Lacy reported that David Killory has provided the Board with a draft plan showing the proposed location of five new modular classrooms at the Hingham Middle School. The modulars will be located on the east side of the building, and will require the removal of several larger trees. There are currently 870 kids in the school, and the modular classrooms will accommodate 110 additional students. The School Department is requesting that the Planning Board waive the requirement for Site Plan Review prior to the issuance of a Building Permit.
Gary Tondorf-Dick expressed concern at the proposed location, citing proximity to abutting residential neighborhoods and the unnecessary removal of trees. He asked whether abutters had been properly notified. Ms. Lacy responded that there is no requirement for abutter notification for Site Plan Review in association with the issuance of a Building Permit, or a request for a waiver from that requirement. Ms. Murphy pointed out that the location of the modulars had been shown on the plans presented to Town Meeting for the recently passed school over-ride.
Board Members Healey, Murphy, Sneath and Corey voted to waive the requirement for Site Plan Review. Gary Tondorf-Dick voted in opposition.
Executive Session on Potential Litigation
The Board polled their members and VOTED to go into executive session at 9:20 PM. Judy Sneath did not participate in the executive session.
The Board went out of executive session at 10:40 and the meeting was adjourned.
Respectfully Submitted,
Katy Lacy
Town Planner