Minutes Monday, January 26, 2009
Regular Meeting
Planning Board Agenda for Monday, January 26, 2009
Scheduled:
7:00 PM Old/New Business
7:30 PM Public Hearings on Proposed Amendments to the Zoning By-Law
____________________ ____________
Present: Planning Board Members, Chair, Sarah Corey, Judy Sneath, Clerk, Paul Healey, Susan
Murphy, and Gary Tondorf-Dick. Also present was Planner Katharine Lacy.
RE: Old/New Business
Form A 620/626 Main Street
Mr. Hayman is planning to purchase from his neighbor, Mr. Scanlon, to make his lot comply with zoning so that the garage can be built in compliance with zoning.
It was moved, seconded, and SO VOTED, unanimously, by those present to endorse the Form A Plan entitled, “Subdivision Plan of Land 626 Main Street Hingham, MA”, dated January 12, 2009, prepared by James Engineering, Inc., Hanover, MA for Monica & Chesley Hayman, 620 Main Street, Hingham, MA, applicant and Michael & Deonna Scanlon, 626 Main Street, Hingham, MA, owners.
Request to Waive Requirement for Site Plan Review and Accessibility Improvements, 2nd Parish
The 2nd Parish is seeking a building permit for the addition of an accessible bathroom, as well as an exterior ramp and walkway providing access to the Parish Hall. The work will cost more than $20,000 but will have minimal site impacts.
Susan Murphy pointed out that churches are protected under the Dover amendment, and would be exempt from the requirement for site plan review for a matter of this nature. In light of this information, and in light of the relatively minor nature of the work the Board voted to waive the requirement for Site Plan Review.
Request for Bond Reduction-Baker Hill Drive
Ms. Lacy reported that Michael Intoccia’s Attorney, Ed Gill, has asked that we have a cost-to complete produced for Baker Hill Drive to determine the extent to which the bond can be reduced. When this work is done the Board will consider the request for a bond reduction.
Minutes/Bills
It was moved, seconded, and SO VOTED, unanimously, by those present to accept the minutes of January 14, 2009.
Budget Hearings
Ms. Lacy noted that the Advisory Committee will be reviewing the FY 2010 Planning Board Budget at 8:10 PM Tuesday Feb 3, and noted that she is concerned about the vulnerability of the consulting budget ($20,000).
RE: Public Hearings on Proposed Amendments to the Zoning By-Law
Article B – Modifications to Section III-A, III-H and/or III-I to allow for the alteration of, addition to, reconstruction of, extension of, or structural change to a conforming or pre-existing non-conforming attached garage or structure.
In 2004, Town Meeting voted affirmatively on two articles intended to allow residents to more fully use all parts of their residential property (including attics and accessory buildings) for any use that could customarily occur within the house itself, such as home offices, workshops, artist studios, living rooms, eating areas, cooking facilities and sanitary facilities so long such changes were not, in effect, creating an entire second dwelling. The zoning change was intended to address all portions of both conforming and grandfathered residences. This article is intended to clarify that, under the Hatfeild amendment, even non-conforming portions of attached garages not previously used as living space can be converted into living space without zoning relief.
This article was originally advertised as a modification to Section III-A 1.8.7. At an earlier public hearing, however, board members determined that a more effective way to address this issue would be to look at Section III-A, III-H, and III-I.
Ms. Lacy mentioned that the Board of Health had concerns about this amendment, in that it would create further enforcement problems for the Building Commissioner and Board of Health in terms of regulating the number of bedrooms. The hearing was continued to February 2 or 9 at 7:30 PM.
Article M - Rezone Land in Residence District B to Business District B
Attorney Robert Devin represented the applicants and owners in support of the zoning change.
This article, submitted by petition, would remove from the Residence B District and include in the Business B District, the land shown on Assessors Map 195 as Lots 23, 24 & 100 and a portion of Lot 22. This article addresses the property where a CVS is currently proposed at the corner of Derby and Cushing Streets.
Attorney Devin provided an overview of the proposed zoning change, and outlined the potential impacts and benefits of the proposal. He pointed out that the property would use less water and septic capacity than the existing three homes, and would generate more tax revenue.
Ms. O’Keefe, and Ms. Sabbag, owners of the two of the properties to be rezoned, stated that the proximity of their homes to heavy traffic and surrounded by non-residential uses, detracted greatly from their quality of life and made it impossible for them to sell their homes for residential purposes.
Some residents spoke in support for the project, noting that a CVS was needed in this area, and pointing out the difficulty of getting in and out of Derby Street Shoppes to access the Rite Aid pharmacy there.
Abutters spoke in opposition to the project, noting that by pushing the line for commercial uses back into a residential area it would detract from their property values and quality of life.
Board members noted that, in light of the heavy traffic congestion at this intersection and on this portion of Derby Street, that it seemed unwise to allow a commercial use here unless Derby Street were greatly improved. The hearing was continued to February 9 at 7:30 PM.
Article J - Rezone Land in Office Park District to Industrial Park District
Article K- Rezone a Parcel of Land from Residence C to Industrial Park District
Article L - Permit New Uses to the Industrial Park District with Special Permit A2
Attorney Robert Devin represented the Bristol Brothers Development Corporation for all three of these related articles.
Article J would rezone approximately 77 acres of land on the North Side of Derby Street across from Derby Street Shoppes from Office Park to Industrial Park.
Article K would rezone two additional parcels currently zoned Residence C (located adjacent to the Office Park Zone) to Industrial Park. Mr. Devin indicated that the Bristols do not want to proceed with this article, and will either withdraw it or accept a vote of “No Action”.
Article L would change the zoning by-law to allow, with a Special Permit A2, the uses described under in III-A 3.8 (hospital, sanitarium, nursing home, rest home, convalescent home, congregate living facility, charitable institution or other non-correctional institutional use) in the Industrial Park District.
Attorney Devin and Jim Bristol, Jr. explained that Bristol Brothers have owned this property for many years. They also own much of the adjacent property where their quarries are located. Over the years they have received many inquiries about developing this land, and they plan to do so eventually. Ideally they would like to develop the parcel in a planned and cohesive manner rather than breaking it up and developing it in a piecemeal fashion. They are seeking the zoning change because there is little interest in office park development, and also because the Industrial Park designation would permit the development of retail uses similar to Derby Street Shoppes.
Board members discussed the fact that, on one hand, the development of this land would bring much needed revenue to the Town. One the other hand, it was unclear at this point to determine whether Derby Street, and the interchange at Exit 15 had significant capacity to handle any additional traffic. Potential additional impacts on infrastructure were also unknown at this point.
Board members noted that they were not fundamentally opposed to the article, but felt that a significant amount of groundwork needed to be done in terms of truly assessing the impacts of such a rezoning. They asked the Bristols to consider postponing the article for a year on the commitment that the Town would work with them to prepare a corridor study with which to better evaluate the pros and cons of a proposed redevelopment of this site. The Applicant agreed to this approach on the condition that the Board would allow them to resubmit these articles next year and forgo the two-year moratorium on resubmitting zoning articles for consideration at Town meeting.
Steve Kelsch and Katy Lacy noted that the HDIC was planning a meeting on future growth in the South Hingham Overlay District on February 11 at 7:00, and encouraged the Bristols to attend.
The meeting adjourned at 9:50 PM.
Respectfully submitted,
Katy Lacy
Town Planner