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Minutes Monday, November 10, 2008
Regular Meeting
Planning Board Agenda for Monday, November 10, 2008

  Scheduled:
7:00 PM Old/New Business
1. Review Minutes of 11/03/08
2. Bills
3. Minor Modification to Site Plan, 190 Lincoln Street (Dr. Anderson)
4. Minor Modification to Site Plan, Hingham Square Condos (Hersey House)
5. FY 2010 Budget Reduction Scenarios
7:30 PM Discussion of Proposed Zoning Articles for 2009 Town Meeting
_______________
Present: Planning Board Members, Sarah Corey, Chair, Judy Sneath, Clerk, Paul Healey, Susan
Murphy, and Gary Tondorf-Dick. Also present was Planner Katharine Lacy.

Old/New Business

Minutes
It was moved, seconded, and SO VOTED, by all present, to approve the minutes of November 10, 2008.

Minor Modification to Site Plan 190 Lincoln Street
By way of background, on September 29, 2008, the Hingham Planning Board voted to approve the application of Dr. Jeffrey M. Anderson (The Applicant) for Site Plan Approval relative a pending application for a Building Permit for a 1,200 s.f. addition to the existing building at 190 Lincoln Street. The vote of the Planning Board was recorded in a decision dated October 1, 2008 and submitted to the Hingham Building Commissioner.

Following the issuance of Site Plan approval, and in response to a meeting with the Building Commissioner, it came to the attention of the Town Planner that the Site Plan Board did not match the building elevations submitted with the application. Specifically, while the elevations showed a small (5’ by 10’) stepped entry portico located at the northwest corner of the building, this was not shown on the plans.

The applicant submitted a revised site plan (revised through October 7, 2008) modified to show the presence of the portico as shown on the elevations. The Board reviewed the plan to ensure that aisle widths and site maneuverability would be maintained with the proposed modification. Board member Gary Tondorf-Dick expressed concern about the possibility of cars backing into the portico area and harming people entering and exiting the building. He suggested that structural bollards be placed on the western corners to prevent this scenario.

It was moved, seconded, and SO VOTED, to approve the modification to the Site Plan for 190 Lincoln Street dated October 25, 2008 as revised through October 7, 2008, with the following condition:

1. The Building Commissioner shall review the building plans to ensure that sufficient protection is provided for pedestrians on the portico on the northwestern corner of the building.

Minor Modification to Site Plan, Hingham Square Condos (Hersey House)
Ms. Lacy reported that the ZBA asked all Town Boards Town Boards for comments on a request for minor modification to the Site Plan for the Hingham Square Town Homes, a 24-unit LIP 40B planned for the Hersey House property at 229 North Street. Changes include a correction of the dimensions of the building footprint of Hersey House, and a shifting of the foundation 5’ to the west to allow for the removal of two underground oil tanks. This will result in a similarly small shift in the lot lines between Lot 1 and Lot 2.

In summary, while Board members understood the need to remove the oil tanks described in the application, they were unclear on why this would require a permanent 5’ westward shift of the Hersey House building footprint and couldn’t be accomplished by simply lifting the building up, removing the tanks, and putting it back in its current location.

Further Board members felt that the resulting proximity of the Hersey House to Building B (a 15.6’ distance at their closest point) was simply too close, and, in fact, exceeded the maximum 15’ separation proposed by the applicant (see the last sentence of item #2 on the 3rd page of the application).

In light of the absence of a compelling reason to relocate the Hersey House, the Planning Board felt that the proposed modifications would further detract from the integrity of the building, and recommended that the ZBA deny the applicant’s request.

FY 2010 Budget Reduction Scenarios
Ms. Lacy reported that all departments have been asked to prepare budgets for 2010 showing
1) budgets including any new initiatives, 2) at “true” level funding 3) with a 5% cut.

Proposed Amendments to the Zoning By-Law for Consideration at the 2009 Town Meeting

The Planning Board continued discussion of 12 proposed zoning amendments, and determined to dismiss two of the articles, continue discussion of five, and send the following five articles to the Selectmen right away for inclusion on the warrant for consideration at the 2009 Town Meeting:

ARTICLE Rezone Land in Bare Cove Park and Remove Waterfront Recreation District
Will 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 II-A (Zoning Districts), delete number 13, “Waterfront Recreation District”, and renumber the remaining districts accordingly,
Item 2: In the “Zoning Map, Part A, Town of Hingham” as heretofore amended,
rezone the area of land shown as “Waterfront Recreation District” and included in Assessor’s Map 77, Parcel 1, to “Official and Open Space.”

Or act on anything related thereto?
Submitted by the Hingham Planning Board (with the Bare Cove Park Committee)

ARTICLE Modify Section III-A 1.8.7 to permit accessory uses in attached garages (now allowed in detached garages/barns)

Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:

At Section III-A, Schedule of Uses, Subsection 1.8.7, in the replace the first phrase in its entirety as follows:

“In detached and attached accessory buildings incidental to a single-family detached house or two-family house, the following uses are permitted:”

Or act on anything related thereto?

Submitted by the Hingham Planning Board

ARTICLE Remove Definition of Planned Unit Development
Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:

At Section VI (Definitions) remove, in its entirety, the definition for Planned Unit Development?

Or act on anything related thereto?
Submitted by the Hingham Planning Board

ARTICLE Amend Section III-A 4.12 to allow private gyms in Industrial, Limited Industrial, and Industrial Park Districts with a Special Permit.

Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:

At Section III-A, Schedule of Uses, Subsection 4.12, Commercial indoor amusement or recreation place or place of assembly, delete “O” in the columns titled Industrial, Industrial Park, and Limited Industrial Park, and replace with “A2” in each column.

Or act on anything related thereto?
Submitted by the Hingham Planning Board

ARTICLE : Prohibit Certain Ground-Floor Uses in the Downtown Overlay District

Will the Town amend the Zoning By-law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:

At Section III-G, 4 of the Zoning Bylaw, add provisions to prohibit the uses described in Section III-A, subsections 4.2, 4.10, 4.11, and 4.11A, at the street level story of buildings within the Hingham Downtown Overlay District.

Or act on anything related thereto?
Submitted by the Hingham Planning Board

The meeting was adjourned at 9:00 PM.

Respectfully submitted,

Katharine T. Lacy
Town Planner