7:00 PM 266 Whiting Street
Site Plan Review for 130’ Wireless Communication Facility
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Present: Planning Board Members, Chair, Judy Sneath, Clerk, Paul Healey, Sarah Corey,
Susan Murphy, and Gary Tondorf-Dick. Also present was Planner Katharine Lacy.

Present for the Applicant: Francis Parisi, Esq. Attorney for the Applicant; Donald Nguyen, T Mobile.

The Planning Board joined the Zoning Board of Appeals and their consultant, David Maxson, for this hearing. ZBA Chairman Joseph Fisher explained that his Board had recently voted, after a lengthy hearing process, to issue a use variance to allow the placement of the facility in the Residence C District. Mr. Fisher noted that the project did not meet the statutory criteria for a variance as spelled out in MGL 40A such as lot shape, etc. In accordance with F.C.C. rules, however, the use must be permitted if the applicant can demonstrate a gap in coverage. The Hingham Zoning By-Law requires that anyone proposing to develop a personal wireless facility also thoroughly examine the possibility of developing a DAS (Distributed Antenna Service) as an alternative. In the course of the variance hearing the applicant had convincingly shown why this alternative was not feasible.

Having satisfied the Board that the gap in coverage did, indeed, exist, and having received their variance, the applicant was now back before both boards to request a Special Permit A2 with Site Plan Review for the proposed Wireless Service Facility.
T-Mobile is leasing land from Penniman Hills Farm for the construction of a 28’ x 28’ compound that will be secured by a fence. Inside the compound will be a 130’ “unipole” (a monopole tower with interior antennas) including foundation, base plate, and anchor bolts. Inside the unipole at a height of approximately 127 feet will be three panel antennas, and another three panel antennas will be placed at approximately 117 feet. The compound will be located to the south of the eastern-most greenhouse, with access for service vehicles via Whiting Street.

The Planning Board reviewed the project’s compliance with the criteria set forth in Section V-E (7) of the Hingham Zoning By-Law, and determined that, with the conditions suggested by the Zoning Board of Appeals (to be included in the Special Permit Decision) that the project conforms with all of the specific criteria established by the By-Law for such facilities. The Planning Board also reviewed the project’s compliance with Site Plan Criteria as set forth in Section I-I of the Zoning By-Law, and found that it complied.

It was moved, seconded and SO VOTED by all members present to approve the Site Plan for the Wireless Service Facility proposed for 266 Whiting Street.

Old/New Business

Minutes of November 9 and November 23
Three Board members reviewed and approved the minutes of December 7.

Form A-Gardner Street and Gardner Terrace
It was moved, seconded and SO VOTED to endorse the Form A entitled “Approval Not Required Plan of Land in Hingham, MA,” prepared for Bosworth Homes, LLC, dated December 10, 2009 and prepared by SITEC, Inc., Dartmouth, MA.

Upcoming Hearings: In light of several new applications for Special Permits and Site Plan Review, along with the upcoming public hearings on proposed amendments to the Zoning By-law, the Board reserved the following evenings for meetings (though meeting dates are subject to change): January 7, 11, 21, and Feb. 1, 11, 22. They also agreed to hold January 25, Feb. 8, and Feb. 15 if needed.

Assignment of Zoning Articles

The Board reviewed all proposed Zoning Articles, and made the following assignments in terms of research and facilitation through the process. Several articles were identified as sufficiently straight forward that no individual advocate would be needed.

ARTICLE 1: To see if the Town will amend the Zoning Map by removing from the Waterfront Business District and including in the Official and Open Space District the .51-acre property (formerly the site of the Mobile Station) at 16 Summer Street, Hingham Assessors Map 51, Lot 3. (Entire Board)
ARTICLE 2: To see if the Town will amend the Hingham Zoning By-Law at Section I by eliminating the $3.00 payment per hearing for ZBA members, and to remove the ZBA’s administrative and consultant review fee schedule from the Zoning By-Law. (Entire Board)
ARTICLE 3: To see if the Town will amend the Zoning By-Law and Map as needed to create a Hingham Harbor Overlay District (HOD) applicable to the ten parcels of land extending from the Bathing Beach to Steamboat Wharf and including the purpose, applicability, permitted uses, dimensional requirements, and any other requirements.(Susan Murphy)

ARTICLE 4: To see if the Town will amend the Zoning By-Law of the Town of Hingham at Section III-C (Flood Plain and Watershed Protection District) and on the Zoning Map as needed, by revising the references to the newly completed FEMA Flood Plain Maps (the current reference is to a 1986 version of the map), and other changes needed to update the By-law as suggested by the Hingham Conservation Commission. (Katy with members of Con Com)

ARTICLE 5: To see if the Town will amend the Zoning By-Law of the Town of Hingham, at Section III-E, by modifying and updating the purpose, permitted uses, dimensional requirements, and other special requirements of the existing South Hingham Overlay District. (Judy Sneath)

ARTICLE 6: To see if the Town will amend the Zoning By-Law at Section I-D, subsection 2 (c), by eliminating the provision for use variances. (Paul Healey)

ARTICLE 7: To see if the Town will amend the Zoning By-Law at Section III-A, Schedule of Uses, as follows:
Item 1: At subsections 1.4, 1.5, 1.6, 1.7 (all of which pertain to multi-family housing) by including a clear reference to the requirements for multi-family housing as set forth in IV-E.
Item 2: At subsection Section 4.11A, by clarifying the definition for Automated Teller Machines (ATMs).
Item 3: At subsection 4.17 by adding “Health Club” to the list of uses that can be included in a Retail Group. (Entire Board)

ARTICLE 8 To see if the Town will amend the Zoning By-Law at Section III-A, Schedule of Uses, by amending, as needed, all uses permitted in the Office Park, Industrial, Industrial Park, and Limited Industrial Park Districts with the goal of reflecting current land use patterns and trends while protecting and promoting the best interests of the Town.

ARTICLE 9: To see if the Town of will amend the Zoning By-Law of the Town of Hingham to allow for special outdoor events (such as the Farmer’s Market), and outdoor concessions as an accessory use to park and recreational facilities in the Official and Open Space District and other Districts as appropriate. (Susan Murphy)

ARTICLE 10: To see if the Town will amend the Zoning By-Law of the Town of Hingham at Section III-A to allow for animal grooming services to be permitted with a Special Permit A2 in all non-residential districts, and to expand, as appropriate, the number of districts where animal boarding, breeding or sale may be permitted. (Sarah Corey)

ARTICLE 11: To see if the Town will amend the Zoning By-Law of the Town of Hingham,
at Section V-A (2), to establish maximum as well as minimum parking requirements for permitted uses. (Sarah Corey)

ARTICLE 12: To see if the Town will amend the Zoning By-Law of the Town of Hingham, at
Section I-I (Site Plan Review) relative to submittal requirements and review standards for outdoor lighting (Gary Tondorf-Dick)

ARTICLE 13: An article to create an Overlay District to allow 80’ lights at certain active recreation fields. (Judy Sneath and Gary Tondorf-Dick)

ARTICLE 14: An article to re-zone the parcel of land at Cushing and Old Derby Street from Residence B to Business B. (Entire Board).

The Meeting was adjourned at 9:45 PM

Respectfully Submitted, Katharine Lacy