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Minutes Wednesday, September 10, 2008
Regular Meeting
Planning Board Agenda for Wednesday, September 10
Scheduled:
7:30 PM Joint Meeting with Zoning Board of Appeals
Hingham Shipyard Buildings L & M
Central North Meeting Room
8:00 PM 269-271 North Street, Special Permit A3 (Parking Waiver)
Central South Meeting Room
Old/New Business:
1. Minutes/Bills
2. Request for Bond Reduction-Lily Pond Lane
3. Bond Expiration Issue
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Present: Planning Board Members, Sarah Corey, Chair, Clerk, Paul Healey, Susan Murphy,
and Gary Tondorf-Dick. Also present was Planner Katharine Lacy.
RE: Joint Meeting with Zoning Board of Appeals Hingham Shipyard Buildings L & M
Present for the Applicant: Leslie Cohen and Mike Fitzpatrick, Samuels and Associates; Rob Nagi, VHB and Matt Taylor, Kindercare.
Leslie Cohen noted that after the last hearing on August 4, 2008 on the proposed expansion to Kindercare, the working group met twice with representatives from Samuels and Associates to discuss alternative layouts for the area including Buildings L and M. At issue for the Boards was how to 1) improve the streetscape along Shipyard Drive East and 2) provide safe and adequate parking to serve the needs of both the bank and the daycare center. Ms. Cohen walked through the various iterations of the Site Plan that had been developed by the applicant in cooperation with the working group, and with input from the Town’s traffic engineer, Jeff Dirk. She explained that after the last working group meeting on Monday, September 8 it appeared that a consensus had been reached. When the plan was shown to the bank tenant, however, they expressed the following concerns with the proposed “consensus” layout.
1. The “back-side” of the bank is facing the primary corner of SYD East and Route 3A.
2. The site now only has one driveway to access and egress the parcels.
3. The access to their building is very confusing and is compromised.
4. Although the building has been moved to the hard corner, because there is no direct access off SYD East, the bank is concerned that their building becomes hidden and the customer gets lost as they travel north on SYD east and turns right on Essington Drive towards the site.
5. The bank feels that they are underparked with only 16 spaces. They prefer more on the order of 25 spaces.
In response to these concerns, Samuels drafted a revised plan showing the daycare center adjacent to Shipyard Drive, and the bank relocated closer to 3A to ensure clear visibility and more direct access. Tod McGrath expressed support for this plan, noting that, in response to his urban planning objectives, at least the Daycare Center would provide a building mass adjacent to Shipyard Drive.
Matt Taylor of Kindercare stated that his concern with this plan was that the daycare center and playground would be too close to busy Shipyard Drive, which posed air quality and safety concerns should a car run off the roadway. He noted that Kindercare wanted the daycare center to be located on the eastern side of the site away from all public roadways and backing up to Building 19.
Paul Healey, Susan Murphy and Gary Tondorf-Dick stated that, for them, the safety of the children at the daycare was their highest concern. At that point, members of both boards offered a variety of suggestions as to how to best lay-out the site to balance all concerns. The importance of the siting of the retail program components was also a priority in terms of the urban design plan.
Ms. Cohen stated that she would email copies of a few alternative plans aimed at balancing the concerns of the Bank, the Boards and the Daycare to Katy and Sue Eddy for distribution. Board members agreed that it needed, another working group meeting could be scheduled at some time during the next week. he hearing was continued to September 22 at 7:00 PM.
RE: 269-271 North Street, Special Permit A3 (Parking Waiver)
Attorney Mike Nuesse appeared before the Board on behalf of the Applicant, John Riley, owner of the property at 269/271 North Street. Judy Sneath, Board member, joined the Board.
In terms of background, Mr. Nuesse stated that on April 7, 2008 the Planning Board voted to grant a Special Permit A3 in accordance with Section V-A (1) and (2) “to permit the parking for 271 North Street to be located at 269 North Street”. The Site Plan associated with this application showed a four-car garage and four surface spots located on 269 North Street. This Permit is currently under appeal by an abutter.
The application and Site Plan currently before the Board shows a two-car garage on each lot (which is by-right), but again shows all four surface parking spaces on 269 North Street. The Applicant has received a setback variance for the two garages, both of which are too close to the property line dividing the two properties, which is also being appealed by an abutter. The applicant is seeking relief under 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.”
Board members pointed out that it might make more sense to request a modification of the April 7, 2008 permit. They expressed concern about the idea of having two different permits floating around that were slightly different from one another. Mr. Nuesse responded that it seemed simpler for the Board to simply vacate the original permit, grant a new Special Permit A3 referring the updated plan. At that time the litigation on the original permit could be dismissed.
Ms. Murphy noted that it, in her opinion, this relief was not needed, in that it appeared that the plan would comply with zoning in that, given the layout of each lot, four parking spaces (two spaces per unit) could easily fit on each lot. If the owners wanted to create a common parking area for the two properties this could be done through easements without input from the Town. Mr. Nuesse responded that the applicant wanted to formalize the parking as shown on the plan through a Special Permit A3 from the Planning Board.
Gary Tondorf-Dick asked whether the two properties would be separately owned and expressed concern that the single driveway entrance to the site was located entirely on 271 North Street, and wondered if access to 269 North Street could be denied. Mr. Nuesse noted that the easement to access 269 North over this driveway was already in place and that there would most likely be a joint ownership of the entire property by a condo association.
Board members determined that the proposed parking plan met the criteria set forth in Section V (A) 2, which states that such relief can be granted if the Board finds that “it will not worsen parking and traffic problems on-site or on surrounding streets or adversely affect the value of abutting properties.” Based on this finding it was moved, seconded and SO VOTED to grant the Special Permit A-3 subject to the condition that, prior to the issuance of an Occupancy Permit for 271 North Street,
1. The Applicant shall vacate the Special Permit A3 issued on April 8, 2008.
2. The Applicant shall provide to the Board and the Building Commissioner a copy of a homeowner’s agreement, declaration of covenants or appropriate easement providing perpetual rights for the residents of 271 North Street to pass over and park on the property at 269 North Street.
RE: Old/New Business:
Minutes
It was moved, seconded, and SO VOTED, unanimously, by those present, to accept the minutes of August 4, 2008.
Request for Bond Reduction-Lily Pond Lane
Lily Pond is a private roadway serving a three-lot Subdivision approved by the Board in 2001. Ms. Lacy explained that Lily Pond Lane was transferred from JMRG Realty Trust to Stonecroft Realty Trust in 2005. Per the terms of the transfer Galen Hersey agreed to maintain the surety of $13,950, even though he no longer owns the road (it was sold to Fred Tonsberg, another developer). At this point Galen believes that all that remains to be done is the final coat of paving. He has gotten an estimate for the installation of a final coat of paving of $6,100, and he has requested that the rest of the money be returned to him. Ms. Lacy explained that she had asked Roger Fernandes inspect the road, and his assessment was that, with the current price of asphalt, the Board should reduce the bond. Additionally, while the Certificate of Action required that a Homeowner’s Association be formed to control and maintain the private roadway, at this point the road itself is still in the sole ownership of Mr. Tonsberg, and has not yet been deeded over to the homeowners or a Homeowner’s Association. Board members voted to temporarily deny the request for the reduction in the bond, noting that it seemed premature to reduce the bond until such time that it was clear exactly who would ultimately be responsible for the long-term maintenance of the roadway.
Bond Expiration Issue
Ms. Lacy explained that that the security bond for Julian Way had been cancelled on November 29, 2006 without notification to the Town. Apparently the Ellis Building Corporation is facing bankruptcy, though at this point Jay Ellis still owns the roadway and one drainage lot. Ms. Lacy noted that much of the work on the roadway had been done, and, in fact, steps had been taken last year to get the roadway accepted. At this point, however, Mr. Ellis was unable to pay off the necessary back taxes that he owes the Town, or any of the other expenses associated with the street acceptance process. Ms. Lacy indicated that she had spoken with Harry Sylvester, Highway Superintendent, and that his sense was that the roadway was in decent shape, and it would not be a hardship to the Town if it were accepted in its current condition. Board members expressed concern that if the roadway were not accepted soon, it would simply deteriorate, which would prove costly to residents when they ultimately tried to get it accepted. Ms. Lacy informed the Board that she would like to look into the possibility of working with the developer to get the street accepted this year.
The meeting adjourned at 10:00 PM.
Respectfully submitted,
Katharine Lacy
Town Planner