Minutes Monday, September 22, 2008
Regular Meeting
Planning Board Agenda for Monday, September 22, 2008
Minutes September 22, 2008
Regular Meeting
Planning Board Agenda for Monday, September 22, 2008
Scheduled:
7:00 P.M. Continuation of Hearing-Samuels and Associates Modification to the Mixed Use Special Permit for the Hingham Shipyard, Buildings L and M
Old/New Business
1. Minutes/Bills
2. Request to Extend Time of Completion for Viking Lane
3. Follow-up on Julian Way Street Acceptance
4. Update on 2009 Zoning
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Present: Planning Board Members, Sarah Corey, Chair, Judy Sneath, Clerk, Paul Healey, Susan
Murphy, and Gary Tondorf-Dick. Also present was Planner Katharine Lacy.
RE: Continuation of Hearing-Samuels and Associates Modification to the Mixed Use Special Permit for the Hingham Shipyard, Buildings L and M
Present for the Applicant: Leslie Cohen and Mike Fitzpatrick, Samuels and Associates; and Rob Nagi, VHB.
This was a continuation of the public hearing on a proposed request for a major modification to the Hingham Shipyard Mixed Use Special Permit, modified June 6, 2007 relative to the expansion of the proposed daycare center (Building M) from 4500 s.f. to 9000 s.f, and associated changes to the immediate area. Earlier hearings on this proposed modification were held on August 4 and September 10, 2008. All of the hearings on this matter were held jointly with the Zoning Board of Appeals.
The applicants presented the latest iteration of the Site Plan for Buildings L and M, reflecting what they feel is a “consensus” plan for the area, incorporating comments from the Board members and Jeff Dirk’s latest comments as well. The plans shows 67 parking spaces for the daycare center, and 16 spaces for the bank, and emphasized the separation of the bank parking and drive thru area from the daycare parking lot. The plan included four handicapped parking spaces in compliance with ADA regulations. They also provided a landscape plan showing screening for the daycare playground, located adjacent to Route 3A and Building 19 in the southeast corner of the lot.
Paul Healey commented that he would like to see extra protection along the east and west sides of the building in addition to the guardrail along Route 3A. The applicant suggested a mix of bollards and extended guard rail. They agreed to submit a revised plan showing extra protections which would be referenced in the Planning Board’s decision.
Gary Tondorf-Dick expressed concern about the potential impact of car lights into the daycare playground from the bank parking lot and the Building 19 parking lot. The applicant responded that it was unlikely that the playground would be used during hours when headlights would be needed. Mr. Tondorf-Dick noted that he would like to see final elevation for the bank building prior to the issuance of a building permit, and the applicant agreed to this condition.
Tod McGrath expressed concern about the tight turning radii at the western access to the site from Essington Drive, and the potential conflicts between cars backing out of the parking lot on the western side of the side and cars driving in and out on the western site drive. After a lengthy discussion, the Board and the applicant agreed to eliminate the westernmost 12 parking spaces, and, instead, hold them in reserve should they be needed. They also agreed that the northernmost two rows of parking would be designated for daycare employees only. The applicants agreed to include this change on the revised plan to be submitted prior to the issuance of the permit.
Mr. McGrath also expressed concern about the appearance and location of the dumpster, shown on the plans immediately adjacent to the eastern entrance to the site closest to the daycare center, and near Building 19. The applicant agreed to provide a detail of the proposed dumpster enclosure for administrative approval by the Town Planner and Zoning Administrator prior to the issuance of a building permit.
Planning Board members discussed whether this modification would require a modification to the 2007 Special Permit A3 as well as Site Plan Approval, or whether it could all be addressed
through Site Plan Review. Board members acknowledged that the plan was in compliance in terms of number of parking spaces, but pointed out that the entire site was included in the 2007 A3 permit, and this represented a relatively significant change. After discussion, Board members determined that it would be preferable to address this as a modification to the Special Permit A3 along with Site Plan approval.
At the close of the hearing the Planning Board made the following two votes:
Modification to Special Permit A3
It was moved, seconded and SO VOTED, unanimously, by those present, that the Planning Board approve the proposed modification to the 2007 Special Permit A3 for the Hingham Shipyard to substitute the originally approved parking plan with a new parking plan (date to be determined), subject to the following conditions:
1. The applicant shall hold in reserve space along the western boundary of the site adjacent to Shipyard Drive sufficient space to construct 12 additional parking spaces, which shall be constructed if the Board determined the need for such additional parking.
2. The 19 parking spaces on the northerly side of the site will be designated for daycare employees.
Site Plan Approval
It was moved, seconded and SO VOTED, unanimously, by those present to substitute the 2007 Site Plan for the Hingham Shipyard with a revised plan (date to be determined) incorporating a revised landscape plan for this portion of the site including additional bollards and an extended guard rail, as well the previously approved landscaping along Route 3A and Shipyard Drive, and subject to the following conditions:
Prior to the issuance of a building permit the applicant will provide, for the review and approval of the Board final elevations for the bank building;
Prior to the issuance of a building permit the applicant will provide, the review and approval of the Town Planner and Zoning Administrator, a detail of the dumpster enclosure.
Form A: Hingham Shipyard
This Form A divides a parcel of land in the southwestern side of the site along Route 3A and adjacent to Building 19 into two parcels, one for Kindercare, and the other for the proposed bank. The two new lots both have frontage on Shipyard Drive.
It was moved, seconded and SO VOTED, unanimously, by those present to endorse the Form A titled “Approval not Required Subdivision Plan, Lots P6A and P6B” dated September 22, 2008 prepared by BSC Group, Norwell, MA for Samuels and Associates, 333 Newbury Street, Boston MA, applicant and owner.
Old/New Business
Minutes/Bills
It was moved, seconded, and SO VOTED, unanimously, by those present to accept the minutes of September 15, 2008.
Bond Reduction for Hilltop Road
Hilltop Road was accepted by the 2008 Town Meeting. The developer is requesting that the Board return the remaining $37,000 bond in light of the fact that work on the road is now complete. Ms. Lacy explained that Section 3 (13) of the Planning Board Rules and Regulations states that “the Board shall retain 10% of the original security for a period of 12 months after completion of the subdivision to ensure the integrity of construction.” If you take the date of acceptance as a date of completion, this would mean that we should hold onto at least $12,720.
Board members determined that, in light of the ongoing strife related to the placement of a gate on the emergency access roadway, that it would not be a good idea to reduce the surety at all until the gate gets installed to the satisfaction of the abutters and Hingham Fire Department.
Closed Accounts
The Board voted to close the following two inactive escrow accounts and return the remaining balance to their rightful owner: Baker Hill Trust # 8698 and Baker Hill # 8682.
These accounts were established by Peter F. O’Connell and Richard Valentine in an earlier, unsuccessful attempt to get approval for a development proposal for Baker Hill.
Request to Extend Time of Completion for Viking Lane
Developer Bill Murphy has requested an extension to the time of completion to September 1, 2009. The last extension expired August 1, 2008. At this point he has no plans to sell individual lots for development.
It was moved, seconded and SO VOTED, unanimously, by all present, to grant an extension to the time of completion for the Viking Lane Subdivision to September 1, 2009.
Follow-up on Julian Way Street Acceptance
Ms. Lacy stated that she had not been able to contact Jay Ellis directly, but she has determined that he owns the actual roadway, along with a drainage lot at the end of the roadway. This poses a major challenge in terms of getting the roadway accepted, because Mr. Ellis needs to release his interest in the roadway, thus preventing the Town from accepting it.
Update on 2009 Zoning
Ms. Lacy distributed the following list of potential amendments to the Zoning By-law proposed for consideration at the 2009 Town Meeting, as well as draft versions of eight articles. This material was distributed in preparation for an informal start-up discussion of proposed amendments scheduled for September 29 at 8:00 P.M.
Articles in Draft Form
1. Modify Zoning Map to remove Waterfront Business District (on Back River)
2. Modify Zoning Map to Re-Zone Police Station
3. Modify Section III-A 1.8.7 (Accessory Uses) to permit accessory uses in attached garages (now allowed in detached garages/barns).
4. Remove Definition of Planned Unit Development
5. Clarify Floor Area Ration (FAR) requirements in South Hingham Overlay District based on 1996 interpretation by Pete Puciloski
6. Amend Section III-A 4.12 to allow private gyms in Industrial, Limited Industrial and Industrial Park Districts with a Special Permit (ZBA has granted two use variances, and another application is now pending for a gym on Beal Street).
7. Modify Section V-C (Earth Removal) to include restriction on removal of stones from stone walls (from Andrea)
8. Add reference to Section 6, paragraph 2 under Section III (H) Non-Conforming Uses
Articles Not Yet Drafted
1. Changes to Off-Street Parking Requirements Downtown (HDIC)
2. Modify III-G (Downtown Overlay District) to prohibit certain office uses from street level (HDIC)
3. Expand opportunities for accessory/in-law apartments (Housing Partnership)
4. Add new Section V-H: Lighting Regulations
5. Controls on McMansions/Design Guidelines
Not to be considered further this year?
• Update Section III-C (Floodplain and Watershed Protection District) to change reference to new FEMA Maps (Map reference will not be final until after Town Meeting)
• Update Section III-D (Accord Pond Watershed and Hingham Aquifer Protection District) to change reference from “Zoning Map-Part C” to appropriate DEP Map (Board of Health not interested in pursuing)
• Regulations for Houseboats (To be addressed by Harbormaster, HDC)
• Personal Windmill Overlay District
• Limits on lengths for residential docks (Being handled by Conservation Commission with HDC)
• Outdoor Furnaces (handled thru definition of structure?
• Restrictions on Noise Levels (Typically handled by Boards of Health/General By-Law)
The meeting adjourned at 9:20 P.M.
Respectfully submitted,
Katharine Lacy
Town Planner