Minutes Thursday, April 17, 2008
Regular Meeting
Planning Board Agenda for Thursday, April 17, 2008
Scheduled:
7:00 PM Weathervane at Chestnut Gardens – 119 Beal Street
Request for Modification re: Affordable Units
7:30 PM Hingham Shipyard Continuation of Public Hearing on Request for Minor Amendment to Special Permit for Partial Occupancy prior to the Completion of all Off-Site Improvements
8:00 PM Old/New Business
Continuation of ZBA Hearing on 26 Summer Street
Preparation for 2008 Town Meeting
8:30 PM Vote on Final 40R Language
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Present: Planning Board Members, Paul Healey, Chair, Sarah Corey, Clerk, Susan Murphy,
and Gary Tondorf-Dick. Also present was Planner Katharine Lacy.
RE: Weathervane at Chestnut Gardens – 119 Beal Street Request for Modification re: Affordable Units
Jim Bristol and Carl Erickson of Bristol Brothers came before the Board to request a modification to the Special Permit for the Weathervane Development on Beal Street.
As specified by the Flexible Residential Development By-Law, the developer is required to include two affordable units in the 23-unit Weathervane Development. Instead, they are they are interested in creating affordable units at specific off-site locations instead of on-site. The first substitution proposed would be a single family home on Nutty Hill Road which the owners would purchase and then sell to the first eligible low-income housing lottery winner. The second proposed substitution would involve the purchase of a group home located on Fort Hill Street which would have the potential to add 7 units of affordable housing to the Hingham affordable housing inventory.
The Board received a letter from the Hingham Housing Authority indicating their support for the “off-site option,” specifying that their support was for this specific project, and did not constitute a blanket endorsement of constructing off-site units in place of required on-site units.
Ms. Murphy pointed out that if the Planning Board were to approve this change, the applicant would need a use variance from the Zoning Board of Appeals, as the FRD By-Law specifically requires that the affordable units be included in the development. Board members also discussed the fact that this could set a precedent that could prove problematic for other projects which are required to include affordable units.
Gary Tondorf-Dick expressed interest in and support for the rehabilitation 7-unit group home on Fort Hill Street, saying that there was a great need for such housing in Hingham.
Board members suggested that Mr. Bristol contact the Housing Trust as soon as possible, in case they were in a position to move forward to acquire the 7-unit group home.
The applicant’s request was tabled for further consideration at a later date.
RE: Hingham Shipyard Continuation of Public Hearing on Request for Minor Amendment to Special Permit for Partial Occupancy prior to the Completion of all Off-Site Improvements
Present for the applicant: Dick Cook, BSC Engineering; Mike Roberts, Dave Gillespie, Paul Zarba, Avalon Associates.
This was the continuation of the public hearing on the request for a minor amendment to the Special Permit for the Hingham Shipyard. Condition 13 of the Special Permit (as modified in Condition #2 of the Roseland Permit) states that
“The Land Owners shall, subject to review, revision, and approval by the Massachusetts Highway Department (“MassHighway”), design and construct all improvements along the Route 3A corridor identified in MassHighway’s January 13, 2004 Section 61 Finding issued pursuant to M.G.L. Chapter 30, Section 61 to Sea Chain, LLC for the Shipyard Project, as it may be amended (the “MassHighway Work”). The MassHighway Work shall be constructed and be operational before the issuance of any certificates of occupancy for any use within the Shipyard Project; provided, however, prior to the completion of the MassHighway Work a Land Owner may submit an application for a Minor Modification hereunder to the Board of Appeals and the Planning Board to request approval for the issuance of specific certificate(s) of occupancy. Such application shall be accompanied by (a) a traffic analysis satisfactory to the Boards and to the Boards’ traffic consultant, demonstrating that the introduction of new traffic onto the roadways within the Shipyard Project shall not adversely affect or exacerbate then existing traffic conditions within the Shipyard Project or on Route 3A prior to the completion of the Mass Highway Work and (b) a written approval from MassHighway to the introduction of such traffic into the state highway.” Approval of the Boards hereunder shall be in addition to satisfaction of all requirements of the Building Commissioner for the issuance of a certificate of occupancy.”
Specifically, the proponents are requesting the issuance of Certificates of Occupancy for up to 122 residential units within the project prior to the completion of site access and off-site roadway and intersection improvements that were required as part of both the Special Permit and the Section 61 Findings issued by the Massachusetts Highway Department for the Project. At the close of the last hearing on this matter on March 13, 2008, the discussion was continued due to the fact that the Applicant did not yet have a formal letter of approval for the partial occupancy from MassHighway. ZBA and Planning Board members also wanted more information about how cut-through traffic in and out of the site over Amesbury Drive would be controlled.
Since the last hearing the Board received the letter from Mass Highway approving the request for partial occupancy. Additionally, Mr. Cook reported that the property owners at the Shipyard have decided that it would be in the best interests of the project to simply close off Amesbury Drive (the eastern-most entrance) until all off-site traffic improvements are complete, and have all traffic enter via Shipyard Drive during this temporary occupancy phase.
Mr. Cook provided a three-phased traffic plan, dated April 17, 2008 for the initial residential occupancy. Each phase separates the temporary residential and construction areas on the site. With the elimination of the Amesbury Drive access, this road can be fenced off at the Building 19/Avalon Bay boundary. This action will allow the northerly portion of Amesbury Drive to be used for internal circulation by construction equipment signs at the Shipyard Drive intersections with the Building 19 Drive will be signed as a dead end way, limited to construction and Building 19 use. Staynor Drive will be signed as a dead end way, limited to residential and construction use. Fitzroy and Bickerton Drives and the unnamed alley will be signed as dead end ways, limited to residential use. If needed, additional signs at these locations can identify the ways as private, not public. Finally, a police detail, paid for by the Applicant, will continue to be provided at the intersection of Shipyard Drive, Essington Drive and the Building 19 driveway from 4:00 PM to 8:00 PM on weekdays.
Mr. Cook noted that, at this point, it appears that the work on Lincoln Street is moving faster than expected. Further, the actual occupancy of residential units at Avalon and Roseland is being pushed later, so the actual overlap of partial occupancy with incomplete road work will only last for about 6-8 weeks.
The Board VOTED to recommend that the Zoning Board of Appeals approve the request for a minor modification to the Mixed Use Special Permit for the Hingham Shipyard to permit the occupancy of up to 122 residential units within the eastern portion of the Hingham Shipyard prior to the completion of site access and off-site roadway and intersection improvements required by the Special Permit and MassHighway Section 61 Findings. This approval was subject to the following condition:
1. U.S Amesbury Drive will be fenced off at the Building 19/Essington Drive boundary.
2. Traffic circulation throughout the site will be posted and managed as shown on the Traffic Circulation Plan, Hingham Shipyard Redevelopment, Phases 1-3 dated March 13, 2008 and revised April 17, 2008, prepared by BSC Group.
3. A police detail will be stationed at the intersection of Essington and Shipyard Drive from 4:00 PM to 8:00 PM Monday through Friday.
Old/New Business
Preparation for 2008 Town Meeting.
Board members made the following assignments in terms of which members would address which article at Town Meeting:
Article 27 Judy Sneath
Article 28 Paul Healey
Article 29 Gary Tondorf-Dick
Article 30 Susan Murphy
Article 32 Sarah Corey
Article 33 Susan Murphy and Sarah Corey
Vote on Final 40R Language
At the Planning Board Meeting on April 7, Planning Board members voted to recommend approval of the 40R By-Law (Article 33 in the 2008 Town Meeting Warrant) subject to final approval by DHCD. Since that time, Consultant Adam Costa spoke with Don Schmidt at DHCD, who requested one minor change relative to the language in the By-Law regarding resident selection. Board members reviewed the change, and determined that it was not substantive. As shown below, the phrase “consistent with applicable housing law” was been removed from Section 4(e) 4 of the Article as originally voted by the Board.
4. reference to a housing marketing and resident selection plan, to which the Affordable Housing is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. The housing marketing and selection plan may provide for preferences in resident selection to the extent consistent with applicable law for the Affordable Housing Units; the plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that the preference for such Unit shall be given to a household of the appropriate size;
Planning Board members VOTED to ratify their recommendation that voters approve this article at the Town Meeting with the incorporation of the proposed change to Section 4(e) 4 as required by DHCD.
Vote on Proposed Change to Article 27
Susan Murphy reported that Joe Bierworth had recommended a minor change to Article 27 at item (i), to add the words “or the expansion of existing structures” as shown below. The board reviewed the change, determined that it was not a substantive change, and ratified their vote to provide a favorable recommendation at Town meeting.
RECOMMENDED: That 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-B, Special Conditions to Schedule of Uses, add a new Subsection 8 as follows:
8. The uses allowed in Section III-A, Subsections 3.1, 3.2, 3.3 and 3.4, to the extent provided under M.G.L. c.40A, §3, are allowed as of right, but subject to Site Plan Review in accordance with Section I-I. The site plan review under this Section III-B (8) shall apply to:
i. land or structures, or the expansion of existing structures, used for religious purposes, or for 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 nonprofit educational corporation;
ii. land or structures, or the expansion of existing structures, used for the primary, accessory or incidental purpose of operating a child care facility; and shall be limited to developing guidelines and to determining compliance with regulations under this By-Law concerning bulk and height of structures, yard size, lot area, setbacks, open space, parking, and building coverage requirements, or such other matters subject to reasonable requirements under M.G.L. 40A §3 as the same may be from time to time amended. A building permit shall only issue upon the completion of the site plan review in accordance with Section I-I.
Item 2: At Section III-A, Subsections 3.1, 3.2, 3.3 and 3.4, add the following phrase after each use description: “, subject to Special Condition 8 of Section III-B.”
The Meeting adjourned at 8:30 PM, and several board members and Ms. Lacy joined the continuation of the Zoning Board of Appeals hearing on 26 Summer Street.
Respectfully submitted,
Katy Lacy
Town Planner