Minutes Monday, March 16, 2009
Regular Meeting
Planning Board Agenda for Monday, March 16, 2009
Scheduled:
7:00 PM 119 Beal Street-Weathervane Discussion of Change of Form of Ownership
7:20 PM Update on Street Acceptance Hearings Great Rock Road, Windsong Way
7:40 PM Ridgewood Crossing-Special Permit A3
Request for Minor Modification/Administrative Action
8:00 PM Continuation of Public Hearing on Proposed Amendment to the Zoning By-Law to Modify Section III-G (Downtown Overlay District
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Present: Planning Board Members Judy Sneath, Clerk, Paul Healey, and Susan Murphy. Also present was Planner Katharine Lacy.
RE: 119 Beal Street-Weathervane Discussion of Change of Form of Ownership
Jim Bristol came before the Board to discuss a potential change in the form of ownership for the 23-unit FRD at 119 Beal Street. The proposed change would not result in physical changes to the site, but would change the project from a condominium form of ownership to a subdivision comprised of 23, 8,000 - 11,000 s.f lots.
Mr. Bristol went over the various dimensional requirements set forth in the FRD, which are significantly smaller than those set forth in the table of dimensional requirements for other residential zones. With the layout as currently proposed, they would need relief from the rear setback requirements, and from the side setback for some of the units. The 100 foot buffer would still be maintained, though some of the units would back right up to the buffer. Board members asked how they would prevent homeowners from spreading out into the buffer area, and Mr. Bristol noted that such restriction would be spelled out in the Homeowner’s agreement.
Eileen Richards, a local realtor and member of the Hingham Development and Industrial Commission, asked why it would be desirable to enact such a change. Mr. Bristol noted that the condominium form of ownership creates an additional hurdle for potential buyers. Ms. Richards expressed concern that the creation of such small lots, and lack of setbacks would create a precedent for similar developments all over Town. Board members pointed out that the overall layout of the site would not change at all from what had already been approved.
Board members told Mr. Bristol that the proposed change would require 1) a modification to the Special Permit A3 for the project from the Planning Board; 2) a Form A dividing the property into new lots; and 3) variances from the Zoning Board of Appeals for the reductions in required setbacks. Ms. Lacy noted this could perhaps be done as a joint hearing with the ZBA.
RE: Update on Street Acceptance Hearings Great Rock Road, Windsong Way
Ms. Lacy reported that there are two roadways up for acceptance at Town Meeting this year. Selectmen vote to lay out the roadway, and Town meeting votes to accept it, but in Towns in which there is a Planning Board, a recommendation from the Planning Board is also required. Recommendations from DPW, Fire and other Town departments are also gathered in the street acceptance process.
Ms. Lacy explained that Windsong Way was approved by the Board on September 20, 2005. Construction commenced in March, 2006, and was largely complete by Spring, 2008. All of the lots have been released and all of the homes are occupied. The Town is currently holding a bond of $5,100 to secure final performance. Ms. Lacy reported that she accompanied DPW on their inspection of the roadway in October, 2008, during which several outstanding items were addressed. Consultant Paul Brogna and Harry Sylvester of the DPW went out again in November and all of these issues had been addressed. There is a private lawn irrigation system located in the grassed portion of the right-of way in front of Lot 1 (first lot on the left). DPW had agreed to accept this as long as the owner signed some sort of indemnification, but at the Street Acceptance hearing Selectmen John Riley indicated that he wanted the system removed. The drainage system on this roadway will be privately maintained by the Homeowner’s Association, with a drainage report sent to DPW annually.
It was moved, seconded and SO VOTED, unanimously, by those present to recommend to the Selectmen and Town Meeting that Windsong Way be accepted as a Town Roadway contingent on the removal of the private irrigation system serving Lot 1 from the right-of-way.
Great Rock Road This roadway was approved in 1988, and finally endorsed in 1998 after a lengthy litigation. The final lots were released in 2004, and the roadway was basically completed soon after that. A $5,000 cash deposit and two un-built lots were held as a surety (though the lots may be unbuildable). At the request of the homeowners, Ms. Lacy instructed John Chessia to inspect the roadway and prepare a “cost-to complete” last spring, which identified a variety of issues to be addressed before the road would meet town standards. This was followed by another inspection last fall after the homeowners had submitted a petition for street acceptance. At this point in time there is a significant amount of work remaining to be done on the roadway, and it seems doubtful that the work will be complete by Town meeting
Board members decided to hold off on a vote relative to Great Rock Road to a date closer to Town Meeting in order to give the homeowner’s additional time to address the roadway’s deficiencies.
RE: Ridgewood Crossing-Special Permit A3 Request for Minor Modification/ Administrative Action
Ms. Lacy explained that a couple under 55 years of age is looking to purchase a unit at Ridgewood Crossing. At the request of the buyer’s attorney, the developer’s attorney is seeking a letter from the Board confirming that this sale would not conflict with any provisions in the permit or the Town By-laws. Ms. Lacy reviewed the permit, and, as with the Weathervane development on Beal Street, the project is described as age restricted but such restriction is not a condition of the permit. The developer is eager to sell the unit, but wants to continue to market the project as age-restricted, and so is not looking for the same kind of change that we approved for Weathervane, which was to eliminate all reference to age restriction.
Board members agreed that they would write a letter to the developer’s attorney confirming that the Special Permit and Subdivision approval for Ridgewood Crossing permits the development and related sales and occupancy consistent with the provisions of the Housing for Older Persons Act of 1995 (HOPA).
RE: Continuation of Public Hearing on Proposed Amendment to the Zoning By-Law to Modify Section III-G (Downtown Overlay District
Sarah Corey, Chair, joined the meeting at this point.
The Board was joined by Advisory Committee liaisons Jerry Seelen and Richard Innis, along with several members of the Hingham Development and Industrial Commission for a final discussion of the downtown zoning article. The final sticking points focused around a provision to grandfather existing ground floor uses for a longer amount of time than is customarily allowed in order not to penalize landlords who rent their space to retail or service tenants, and want to return to a non-retail or service tenant.
At the end of the meeting it was moved, seconded, and SO VOTED, unanimously, by those present to recommend that Town Meeting vote favorably on the following amendment to the Zoning By-law:
ARTICLE: 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 III-G, delete section 2(a) and replace with the following:
“a. Encourage planning and development which will maintain and improve the economic viability of Downtown businesses by encouraging a mix of uses that will maintain, provide for or encourage regular interaction with the general public on a walk-in basis on the ground floor and office and residential uses on the upper floors.”
Item 2 At Section III-G, delete section 4 and replace with the following:
“4. Permitted and Prohibited Uses
The permitted uses and uses allowed by Special Permit A2 in Business District A, as set
forth in Section III-A, Schedule of Uses, shall be permitted or allowed, as applicable, in the Overlay District, with the following exceptions:
(a) the following uses are prohibited in the Overlay District:
Section III-A 4.3 Funeral Home
Section III-A 4.4 Animal or veterinary hospital
Section III-A 4.5 Commercial breeding
Section III-A 5.1 Automotive filling or service station
Section III-A 5.2 Auto repair
Section III-A 5.3 Car dealership & service facilities
Section III-A 5.4 Marina; boat livery; sales, storage & repair of boats
Section III-A 6.1 Wholesale warehouse
(b) the following uses are permitted on the upper floors of any building and may be allowed by Special Permit A2 on the ground floor:
Section III-A 4.10 Business or professional offices or agencies
Section III-A 4.11 Bank or other financial institution”
(i) The Board of Appeals may approve such application for a Special Permit A2 if, in addition to the criteria set forth in Section I-F,2, it finds that, in its judgment, the use is consistent with the purpose and objectives of this Section III-G as set forth above. If such use cannot meet such objectives in the proposed location, it may be granted a Special Permit A2 if at least one of the following apply and the Board of Appeals finds that the proposed use is not detrimental to the objectives of this Section, including objective 2(a):
(A) The site of the use is outside the primary pedestrian area of the Downtown, such primary pedestrian area being those portions of Main Street, North Street and South Street within the Overlay District.
(B) The use will be located in a building existing as of January 1, 2009 which is significantly set back from the (or all of the) street(s) which such building abuts.
(C) The physical characteristics of the existing building (as of January 1, 2009) in which the use shall be located (such as a pre-existing residential structure within the Overlay District) are such that other permitted or allowed uses in the Overlay District are not practicable.
(ii) Notwithstanding the provisions of subsection 4(B)(i) above, if, as of January 1, 2009, the ground floor of any building included a “business or professional office or agency” or a “bank or other financial institution” (each a “Grandfathered Use”), and such Grandfathered Use is subsequently changed to another permitted or allowed use in the Overlay District, such ground floor may, within six (6) years of such change of use, revert back to a Grandfathered Use and such Grandfathered Use shall be permitted subject to Site Plan Review pursuant to subsection 4(b)(iii) below prior to issuance of a building permit (or a certificate of occupancy if no building permit is requested), but shall not require a Special Permit A2.
(iii) The Planning Board, when conducting Site Plan Review under this subsection 4(b), shall consider, in addition to the items set forth in Section I-I, 6, whether the appearance and treatment of the windows and doors of the building will maintain, provide for or encourage regular interaction with the general public.
Item 3
(a) At Section III-G, 6, delete subsection (d) in its entirety; and
(b) At Section III-B, 7 replace the reference to Section III-G, 6 to Section III-G, 7(a); and
(c) At Section III-G, 6(b)(iii) replace the reference to Section III-G, 6(d) to Section III-G, 7(a).
Item 4 At Section III-G, add a new section 7 as follows:
“7. Off-Street Parking Requirements in the Downtown Hingham Overlay District
Except as otherwise provided in this section (7), the requirements set forth in Section V-A, Off Street Parking Requirements, shall apply to the Overlay District.
a. Parking Requirements for Commercial/Residential Buildings
The purpose of this subsection (a) is to ensure that sufficient off-street parking is provided for all dwelling units created under Section III-G,6.
(i) Provision for off-street parking shall be as follows:
Studio or one-bedroom dwelling unit 1 space
Two-bedroom dwelling unit 2 spaces
(ii) When off-street parking exists or may be constructed on the parcel where the use is proposed, the Planning Board may make a finding in connection with a Special Permit A3 application pursuant to Section V-A that the commercial use(s) and the residential use within the Commercial/Residential Building are complementary uses having different peak demand times, in which event on-site parking may satisfy both the residential and the commercial uses (subject to the requirements of Section 7 below in the event of a change or increase in commercial uses).
(iii) Parking for all dwelling units (including, without limitation, dwelling units proposed in newly-constructed or reconstructed buildings or in newly-constructed stories to existing buildings) shall be located on the same parcel or on a contiguous parcel under common ownership.
(iv) Notwithstanding the foregoing, for dwelling units proposed in existing stories of existing buildings which, as of December 1, 2003, (a) are at least two stories in height and (b) which lack required on-site, off-street parking to meet the requirements of this Section, the Planning Board may grant a Special Permit A3 to permit the following:
(A) Leased Parking for Commercial/Residential Buildings, provided that a copy of a written, fully executed and effective lease, with a term of at least one (1) year, permitting use of sufficient parking spaces to comply with this Section for a minimum of overnight parking shall be provided to the Planning Board prior to the issuance of the Special Permit A3. For purposes of this Section III-G, “Leased Parking for Commercial/Residential Buildings” shall be the provision of parking for dwelling units in a Commercial/ Residential Building on land of a third party located within 500 feet of the benefited parcel (but excluding parcels with single-family dwellings or two-family dwellings outside of the Overlay District). The granting of a Special Permit A3 shall require a finding by the Planning Board that such lease of parking spaces does not create a violation of the zoning of, parking requirements for existing uses on, or any special permit or variance granted to, the burdened parcel. In addition, the applicant (or its successor) shall be required, as a condition of the issuance of a Special Permit, (i) to certify to the Building Commissioner annually, on the anniversary of the date of the issuance of a Special Permit, that such lease remains in full force and in effect and (ii) no later that thirty (30) days prior to the expiration or other termination of such lease, to apply to the Planning Board for a modification of its Special Permit A3 which application shall provide for the required parking in another manner consistent with the requirements of this subsection 7(a).
(B) Off–site parking in designated resident parking areas of public parking lots, provided that a resident parking permit program or the like is adopted by the Town, and provided that, as a condition of the issuanceof the Special Permit A3, the applicant applies for and presents written evidence to the Planning Board and the Building Commissioner of approval by the Town of sufficient resident parking permits to comply with the parking requirements of this Section.
Provision of off-street parking in accordance with the requirements of this Subsection (iv) may be satisfied by any combination of on-site parking and alternative parking options described herein, provided, however, that where, prior to the application for a Special Permit under this Section, sufficient off-street parking exists or may be reasonably constructed on-site to satisfy, in whole or in part, the parking requirements of this Section, the Planning Board shall consider the availability of such parking when considering the eligibility of the site such parking shall be located on-site and shall not be eligible for relief under this subsection to allow for alternate parking options.
(v) No newly-constructed parking shall front on a public way, except along Summer Street (Route 3A), Water Street, Station Street or the Station Street parking areas.
(vi) For parcels which have opposite property lines along two streets or ways and for parcels with frontage on Summer Street (Route 3A), fully enclosed garage parking may be provided within the building at ground level if such parking is accessed from the rear of the building, is not visible from the front of the building, and such building has a permitted commercial use at the front of the building. For purposes of this Section III-G, any portion of a building facing Main Street, South Street, North Street, or Summer Street shall be considered the front of a building.
(vii) Notwithstanding any provision of Section V-A to the contrary, and except as specifically provided in this Section III-G, 6(d), off-street parking requirements for residential uses in a Commercial/Residential Building shall not be reduced nor waived by special permit or otherwise. In the event of a conflict between the provisions of Section V and this Section, the provisions of this Section shall control.
b. Off-Street Parking Requirements for Certain Non-Residential Uses
The reduction in off-street parking requirements for Business A District set forth in Section V-A, 2 shall not apply to uses under Section III-A, 4.10 and Section III-A, 4.11 on the ground floor; provided, however, that this subsection 7(b) shall not apply to any Grandfathered Use under section III-G, 4(b)(ii).
c. Special Permit A3 for Waivers from the Off-Street Parking Requirements
The Planning Board may approve an application for a Special Permit A3 to waive strict adherence to the requirements of this Section III-G,7 and applicable provisions of Section V-A if it finds such application meets the following criteria:
(i) Satisfactory demonstration of parking adequacy as evidenced by the results of a parking study conducted pursuant to the standards of the Institute of Transportation Engineers (ITE) and the Urban Land Institute (ULI) prepared by a Professional Engineer duly licensed in the Commonwealth of Massachusetts with demonstrated experience in the Fields of Traffic Engineering and Transportation Planning, and concurrence with said results by the Planning Board’s review consultant. The parking study baseline shall be consistent with the methodology and format implemented as a part of the Town’s “2008 Downtown Hingham Parking Study” and associated shared parking model, as the same may be updated or amended from time to time. Upon written request of the applicant, the Planning Board may waive the above submittal requirement if deemed by the Planning Board to be not necessary for its review of the application.
(ii) Such relief will promote the goal of preserving and enhancing the Downtown as a mixed-use, pedestrian-oriented local shopping and business district and is consistent with the purpose and objectives of the Overlay District;
(iii) The maximum number of off-street parking spaces reasonably achievable on the premises has been provided;
(iv) It is not practical to meet the applicable standards of this Section 7 and Section V-A and a waiver of these regulations will not (A) result in or worsen parking or traffic problems, or adversely affect pedestrian safety, on-site or on the surrounding streets or (B) adversely affect the value of abutting lands and buildings;
Item 5 At Section VI (Definitions) add the following terms in the applicable alphabetic location:
“Business Office or Agency -- Administrative, executive, research, servicing, processing or similar businesses or organizations having only limited face-to-face contact with the general public. See also, Professional Office or Agency.”
“Commercial Service Establishment – An establishment primarily engaged in providing services on-site, including walk-in services, directly to individual or businesses, such as printing, copying, shipping, but excluding Business Offices. See also Service Business”
“Consumer Service Establishment – An establishment primarily engaged in providing personal services directly to consumers on-site, such as hair or nail salons, drop-off/pick-up dry cleaner, tailor, shoe repair, and educational services such as tutoring, but excluding medical or dental Professional Offices and Health Clubs. See also Service Business.”
“Craft Establishment -- Any business establishment that produces on the premises non-edible articles for sale on the premises of artistic quality or effect or handmade workmanship directly to the public, including handmade articles for production by the public on-site. Examples include weaving, pottery, painting, sculpting, candle-making, and associated activities. Craft Establishment shall be considered a ‘Retail Business’ for the purpose of determining off-street parking requirements.”
“General Business Office – See ‘Business Office or Agency.’”
“Ground Floor – Within the Downtown Hingham Overlay District, the floor of a Building that exits directly at street level. For any Building having more than one floor that exits directly at street level each such floor shall constitute a ‘ground floor’.”
“Medical or Dental Office -- An office used exclusively by physicians, dentists, and similar healthcare professionals for the treatment and examination of patients and clients on an outpatient basis.”
“Professional Studio – The studio of an artist, a musician or a photographer, provided such studio may also constitute a Craft Establishment or a Consumer Service Establishment if the primary use of such space meets the definition of such an establishment.
“Service Business – For the purpose of determining off-street parking requirements the following shall each be considered a Service Business: Commercial Service Establishment, Consumer Service Establishment, and Craft Establishment.”
Item 6 At Section VI (Definitions):
(a) Delete the definition of “Professional Office” and substitute therefor the following:
“Professional Office or Agency: The office of a member of a recognized profession, including but not limited to accountants, architects, doctors and physicians, dentist, engineers, real estate or insurance brokers and lawyers, but excluding businesses defined under Business Office or Agency, Consumer Service Establishment and Professional Studio.”
Or act on any matter related thereto?
Old/New Business
Minutes
It was moved, seconded, and SO VOTED, unanimously, by those present to accept the minutes of March 9, 2009.
The meeting was adjourned at 9:30 PM.
Respectfully submitted,
Katy Lacy
Town Planner