Minutes Monday, February 23, 2009
Regular Meeting
Planning Board Agenda for Monday, February 23, 2009
Scheduled:
7:00 PM Continuation of Public Hearings on 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: Continuation of Public Hearings on Amendments to the Zoning By-Law
Article M - Re-zone a parcel at Cushing/Derby from Residence B to Business B
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.
This article was previously discussed on January 26, 2009. Attorney Robert Devin represented the applicants and owners in support of the zoning change.
Many residents from the surrounding Cushing Street neighborhood and other parts of Town attended the hearing, as well as the owners of the property.
Robert Devin noted that he, Gary Tondorf-Dick and the applicant had met with Selectmen Bruce Rabuffo to discuss the possibility of entering into a development agreement with the Town in exchange for the rezoning of the property. Susan Murphy and Gary Tondorf-Dick noted that it was her understanding that despite this discussion, that the Selectmen had determined that they would not proceed with this agreement this year. Mr. Devin stated his impression that discussions were still ongoing. He pointed out that the rezoning would result in increased tax revenue for the Town. Abutter Jim Costello stated his belief that the estimated tax revenues were exaggerated.
Many abutters and residents living near the property spoke out against the re-zoning. The property owners stated that, for them, this location had become so busy with the ongoing development in the area that it was very unpleasant to live there, and they were unable to sell their houses.
Board members noted that, while in the case of areas zoned for non-residential development, it would be difficult to fight the introduction of a non-commercial use, that in this case it seemed important to protect an area that was specifically zoned for residential use. They noted that several neighbors had recently improved or enlarged their homes, obviously on the understanding that this would remain a residential area.
After lengthy deliberation on the pros and cons of the proposed rezoning, it was moved, seconded and SO VOTED, by all present, to recommend that Town Meeting vote “No Action “ on the proposed article.
Article E - Limitations on Ground Floor Uses in the Downtown Overlay District
Article N - Changes to Off-Street Parking Requirements, Downtown Overlay District
Board members Susan Murphy and Judy Sneath presented a combined version of these two articles for discussion. The purpose of the article, which originated at the Hingham Development and Industrial Commission, is to modify Section III-G, which creates the Downtown Overlay District, by inserting restrictions on the use of ground floor space for office use, and modifications to the process by which parking waivers are granted in the Overlay District. Ms. Sneath outlined the objectives of the article as follows:
1) To foster a mix of uses in Downtown Hingham which strengthens the economic climate, and preserves it as a good place to visit, shop, work and live
2) To insert more specific objectives in the By-law to help both permitting boards and individual property owners in evaluating development proposals
Ms. Sneath noted that the Town of Hingham has a vested interest in preserving the character of the Downtown because of the area’s significance to the quality of life of Town residents, and also because of the significant financial investment that the Town has made in the downtown by directing more than 2.5 million dollars towards improvements of the area in the last decade. Ms. Sneath noted that over the past 5-6 years uses on the ground floor have shifted from retail and consumer services to professional offices, while the development of residential and office uses on the upper floors has been insignificant. At this point Hingham still has a critical mass of retail, consumer and business services, and this article is aimed at maintaining this mix.
The proposed by-law would encourage a mix of Downtown uses consistent with the objectives of the Overlay District by requiring either a Special Permit A2 or site plan review in order to place a business or professional office or bank on the ground floor. Board members discussed this choice and determined that they felt that it would be better to require an A2. Jerry Seelen, Advisory Committee liaison to the Planning Board, expressed concern that the Special Permit process would take too long, and result in landlords loosing potential tenants. Board members pointed out that there are already many uses that require special permits downtown. Further, If the space was already in use as an office, it would be grandfathered; the permit would only be required if the use was switching from service or retail to office.
In addition, the article would modify off-street parking requirements in the Overlay District as follows:
1. Remove the current requirement that upper floor residences be in existing structures (III-G, 6)
2. Remove the current prohibition of waivers of parking requirements for residential uses (III-G, 6)
3. Remove the automatic 25% reduction in off-street parking requirements for the following uses - III-G, 4.10 and 4.11
4. Require that owners & employees park in off-street parking spaces
5. Institute a new A-3 waiver process, relying on the recently completed parking model, and according to the Overlay District objectives
Jerry Seelen objected to item #4, saying that it was unenforceable. Board members pointed out that if the Town simply enforced the 2-hour limit for on-street parking that this item would not be required. They also noted that the same thing could also be accomplished by placing such a condition in individual Special Permits.
The Board determined that they would continue discussion of this article at the next Planning Board hearing on March 2.
Article G - Regulations for Outdoor Lighting
Gary Tondorf Dick presented a draft of this article, which is intended to modify the requirements for Site Plan Review, and other sections of the Zoning By-Law necessary to protect abutting properties from the potential negative impacts of outdoor lighting (from parking lots, building mounted fixtures and other light sources) by requiring appropriate shielding from light or glare, and provision of minimum yet safe lighting levels and improvements to nighttime visibility through glare reduction.
Board members reviewed the draft, which was relatively long and technical. Board members concurred that before they could fully understand the implications of the more technical aspects of the article they would like to learn more about the outdoor lighting specifications. Additionally, in order for this to succeed the draft should be circulated to others within Town Hall, including the Hingham Light Company, for more input. Board members concluded that at this relatively late date it did not seem feasible to hold meaningful hearings on an article of this length. Therefore, Board members including Mr. Tondorf-Dick, instructed Ms. Lacy to generate a revised article that would modify the requirements and criteria for site plan review to include information on the potential impacts of site lighting on abutting properties.
ARTICLE H: Modifications to Section IV-D (Flexible Residential Developments)
This article would modify Section IV-D of the Hingham Zoning By-Law addressing Flexible Residential Developments (FRD) by 1) reducing or eliminating the required minimum acreage for an FRD and 2) by removing provisions for the construction of Townhouses within an FRD.
Gary Tondorf-Dick presented a draft article for consideration. Board members discussed the article and decided to defer further discussion of the article to the next hearing on March 2, 2009.
Unscheduled Old/New Business
Minutes
It was moved, seconded, and SO VOTED, to accept the minutes of February 9, 2009.
The meeting adjourned at 9:50 PM.
Respectfully submitted,
Katy Lacy
Town Planner