7:00 PMScenic Roads Hearing for 70 Lazell Street
7:30 PMDiscussion of Proposed Zoning Articles for 2010 Town Meeting
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7:00 PMScenic Roads Hearing for 70 Lazell Street
This hearing was cancelled in light of a determination that the proposed wall at 70 Lazell Street would not fall under the jurisdiction of the Scenic Roads Act as it was on private property and outside of the Town right-of-way.
The Planning Board discussed a variety of possible amendments to the Zoning By-law identified over the past year by a variety of individuals within and outside of Town Hall. The goal of these preliminary discussions is to allow the Board to will make a determination about which articles to submit to the Selectmen by the Town-mandated deadline of December 1, 2009 and discuss in public hearing. The final decision about which article to include on the warrant will not occur until public hearings are concluded, hopefully by March 1, 2010. Board members noted to the few members of the public in attendance, including Advisory Committee liaisons Richard Innes and Greg MacCune, that, as currently written, these articles are in very preliminary form, and may not be brought to a public hearing for further discussion
ARTICLE A: Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:
Item:At Section I-D, Subsection 1, delete the last sentence in its entirety.
Item:At Section I-D, delete Subsection 4 (addressing fees) in its entirety.
Item:At Section I-J, delete Section 2 in its entirety and replace with the following: "2. Peer Review and Consulting Fees: The Provisions of Section I-F, 3 shall apply for all applications for a Special Permit A-3."
Or act on anything related thereto?
Article A, suggested by the Zoning Administrator, would eliminate the $3.00 payment to the ZBA, as well as their specific fee requirements, which will be moved to their Rules and Regulations. It would also remove references to the fee requirements for Special Permits A3, which would be moved into the Planning Board regulations for Special Permits. Board members decided to move this article forward on the basis that it represented a logical administrative change.
ARTICLE B:Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:
Item:At Section I-D, subsection 2 (c), delete the phrase "including a Variance authorizing a use or activity not otherwise permitted in a particular Zoning District".
Or act on anything related thereto?
This article, suggested by Hingham resident Tom Patch, will eliminate the possibility of use variances. Mr. Patch noted that Hingham did not provide for use variances until 1978, at which the zoning by-law was amended accordingly. He pointed out that the whole concept of a use variance undermines the process of planning through zoning. He also noted that the criteria for determining a variance would be extremely difficult to apply.
The Board decided to continue discussion on this issue, and instructed Ms. Lacy to 1) get a list from the ZBA of how many use variances have been granted in the past five years, 2) review the transcripts for when this provision was added to the By-Law, and also to look into what other Towns provide for use variances in their By-Law.
Item 1:At Section III-A, Schedule of Uses, at subsections 1.4, 1.5, 1.6, 1.7 add the phrase "Subject to the provisions of IV-E, Multi-Unit Development."
This is intended to make the By-law easier to understand by providing a clear link from sections of the Table of Permitted Uses permitting multi-family housing, and Section IV-E, which regulates all multi-family housing.
Board members decided to move this item forward.
Item 2At Section III-A, Schedule of Uses, at subsection 2.4 "Seasonal sale of cut Christmas trees, farmer's markets, art shows, and other temporary event, subject to Special Condition 6 of Section III-B", under Official and Open Space, change the letter O (prohibited) to P (permitted by-right).
This would address the use of the Bathing Beach by the Farmer's market, which currently does not comply with the By-law. Board members recalled that for an earlier proposal related to the seasonal sale of Christmas Trees raised a variety of concerns about the proliferation of similar uses in other areas zoned "Official and Open Space."
Board members determined that it was important to include the Bathing Beach Trustees in this discussion before proceeding. Ms. Murphy noted that the next Harbor Task Force, scheduled for next Wednesday, included a discussion of proposed zoning changes in the Harbor.
Item 3 At Section III-A, Schedule of Uses, at subsection 4.4, add the word "clinic" after the first word, "Animal".
Item 4At Section III-A, Schedule of Uses, at subsection 4.5, add "Animal grooming" to the list of uses, and change the "O" (prohibited) under Industrial Park to "A1".
Both of these clarifications were suggested by the ZBA in light of the fact that the Use Table (Section III-A) does not include any provision for animal clinics or animal grooming. Board members agreed that the specific changes could be useful, but wondered why these uses were allowed in residential districts and not in other districts. In light of the fact that this relatively low-level priority would surely branch out into a broader discussion of where such uses were and were not permitted, the Board left open the question of whether to pursue these changes.
Item 5At Section III-A, Schedule of Uses, at subsection 4.11A, replace the existing description of use with the following:"Walk-up or drive-up bank teller, or automated bank teller, whether free standing or in conjunction with other means of providing banking services."
This is intended to clarify the current provision allowing ATMs and drive through tellers which, as currently written, is confusing. Board members decided to move forward with this article.
Item 6 At Section III-A, Schedule of Uses, at subsection 4.18, delete the words "abutting or across the street from it", and replace with "within 1000 feet from it".
This was suggested by Nick Bonn, and is intended to provide more options for off-site parking for uses in the Square and Harbor areas. Ms. Murphy noted that this was another article that should be discussed with the Harbor Task Force, an ad-hoc committee charged with developing plans for the Harbor area, before proceeding any further.
Item 7 At Section III-A, Schedule of Uses, at subsection 5.3, delete all words between "together" and "with".
This article, suggested by Jerry Seelen, is intended to clean up what appears to be a typo or cut and paste error.Ms. Lacy was instructed to look into what exactly was voted at Town meeting when this provision went in, to see if this could be cleaned up simply as a typo, or needed to proceed to Town Meeting.
Or act on anything related thereto?
ARTICLE D: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-C, at subsection 1, update reference to the 2010 Flood Insurance Rate Map (FIRM), and make other changes suggested by DCR and supported by Con Com.
(Inserted at the request of the Planning Board)
This article is intended to bring our Flood Plain and Aquifer Protection District into compliance with the latest Flood Plain regulations and maps from the National Flood Plain Insurance Program Ms. Lacy also suggested that theeliminate Part B of the Zoning Map entirely, and refer to the Flood Plain map only. She would be consulting with the Con Com on how best to proceed. Board members decided to proceed with this.
ARTICLE E: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-E, 6(D), delete the phrase after Floor Area Ratio, and replace in its entirety with the following: ".35 permitted as-of-right, with .45 allowable by Special Permit A2.
Or act on anything related thereto?
(Inserted at the request of the Planning Board)
This article, submitted by the Bristols, will increase the minimum Floor Area Ratio allowed in the Office Park District to closer to what is allowed in the Industrial Park District. The Board decided to continue discussion on this article, and instructed Ms. Lacy to look into what the actual impact of this would be on the Bristol Parcel to inform their decision making.
ARTICLE F: Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:
At Section IV-B, add a new subsection 17 as follows:
The Board of Appeals is authorized to grant a special permit A1 to allow development of lots with less area or less frontage than those prescribed in this section wherever, after a public hearing, it shall find that adjoining areas have been previously developed by the construction of buildings or structures on lots generally smaller than is herein prescribed.
In considering an application for a dimensional special permit the Board of Appeals shall consider the following standards:
The Board of Appeals may impose any conditions deemed necessary to achieve the purpose of this exception, such as but not limited to the following:
Or act on anything related thereto?
This article was submitted by M.J. Shultz to allow for the development of non-conforming lots when appropriate. Board members expressed concern that they had no clear sense of how many parcels this would impact, and instructed Ms. Lacy to see if she could work with the Assessor's Office to get this answer.
ARTICLE G: Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:
Item:At Section V-A, Subsection 1, after the words "lessening congestion" add the words "reducing impervious surface".
Item:At Section V-A, Subsection (2) add the following sentence after the Table showing parking requirements: Parking requirements reflect the minimum and maximum parking allowable for each use.
Or act on anything related thereto?
(Inserted at the request of the Planning Board)
This article is intended to create maximum limits on the amount of parking allowed for each use. This came up after a variety of retail developers proposed more parking than the Board thought was necessary. Board members decided to proceed with this article, and instructed Ms. Lacy to look into how other Town restrict this kind of excessive parking.
ARTICLE H:Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:
At Section V-C, Subsection (5), clarify item (d), "Activities specifically directed by a Valid Order of Conditions from the Hingham Conservation Commission" to make sure that the ZBA (or some entity) can still regulate hours of work, hauling routes, etc.
This article was suggested by the ZBA in response to some confusion over how to handle the proposed earth removal at Jim Robichaud's development on Lazell Street. Board members decided to proceed with this article. Ms. Lacy noted that she should consult with the Zoning Administrator and Conservation to see how they want to modify this.
Old/New Business
Minutes of October 8
Three Board members reviewed and initialed the minutes of October 8.
Planning Board Fees
Ms. Lacy alerted the Board that she had been doing a comparison of all Planning Board fees relative to subdivisions, site plan review and special permits.It appears that Hingham's fees are significantly lower than those in comparable communities. In accordance with MGL 81Q, the Planning Board will hold a public hearing in the next month to discuss possible increases to their fee schedule.
Update on Meeting with TD Bank
Paul Healey reported on a recent working group meeting with representative from the TD Bank seeking permits from the Town to construct a 4,000 bank on the western portion of the former Weber Dodge site. This group had come before the Planning Board for an informal discussion earlier in October. At that meeting the Board reviewed a preliminary plan and expressed concern about the remote tellers, as well as the placement of the building on the lot. Based on the meeting with the working group, the Applicants are still working on these issues in such a way that will satisfy TD Bank as well as the Town.
Baker Hill Update
Ms. Lacy reported that the sidewalks on Baker Hill Drive are being installed up to Station 2+00 (where the roadway intersects the emergency access drive. The next step that needs to be addressed is the installation of streetlights, which is becoming an increasingly pressing issue as the number of residents on the street increases.
Re-sign Form A for Reed Property (383-387 East Street)
The Form A that the Board originally endorsed on 1/29/07 was not recorded within 6 months, and has thus lapsed. It was moved, seconded and SO VOTED unanimously to endorse the Form A plan entitled "Subdivision Plan of Land 383-387 East Street & Side Hill Road in Hingham, MA" prepared by James Engineering, Hanover, MA and dated October 14, 2009.
Street Acceptances: Gardner Woods and Windsong Way
Ms. Lacy reported that Gardner Terrace and Windsong Way are up for acceptance this year. She will work with DPW to start up the inspection process, and make sure that they have met all of their obligations associated with their approval.
New Ethics Law and Certification Requirement-reminder that all Board members must take this certification test by April 1, 2009.
The next Planning Board Meeting is on Monday, November 9, 2009
The meeting was adjourned at 10:30 PM.
Respectfully Submitted,
Katharine Lacy, Town Planner