Minutes Thursday, January 7, 2010
Regular Meeting
Planning Board Agenda for Thursday, January 7, 2010
8:00 Hingham Shipyard Marinas-24 Shipyard Drive
Site Plan Review and Special Permit A3 re:
Modification of Mixed-Use Special Permit for Proposed Change of Use from Retail to Gym/Fitness
8:30 Hingham Shipyard-portion of former Weber Dodge Site, 421 Lincoln St.
Site Plan Review re: Modification to Mixed-Use Special Permit
_____________
Present: Planning Board Members, Chair, Judy Sneath, Clerk, Paul Healey, Sarah Corey,
Susan Murphy, and Gary Tondorf-Dick. Also present was Planner Katharine Lacy.
7:00 Public Hearings on Proposed Amendments to the Zoning By-Law
In accordance with MGL Chapter 40A Section 5, the Planning Board opened the Public Hearing on all of the thirteen proposed amendments to the Zoning By-Law by providing a brief overview of each article, and distributing a tentative schedule of continuation hearings.
Board Members discussed and made a final report on three of the proposed articles. First, Ms. Lacy reported that the Board had been advised by officials from the Department of Conservation and Recreation to withdraw Article 4, which would update the Flood Plain and Watershed Protection District, in light of the fact that the production of the revised Flood Insurance Rate Map (FIRM) had been delayed for another year. Board members voted to withdraw Article 4 from further consideration.
The Board voted unanimously to recommend that Town Meeting approve the following two amendments to the Zoning By-Law:
ARTICLE 1: Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, in the “Zoning Map, Part A, Town of Hingham”, both as heretofore amended, by removing from the Waterfront Business District and Including in the Official and Open Space District, the .51-acre property at 16 Summer Street, Assessors Map 51 Lot 3.
Or act on anything related thereto?
ARTICLE 2: 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 I-D, Subsection 1, delete the last sentence in its entirety.
Item 2: At Section I-D, delete Subsection 4 (addressing fees) in its entirety.
Item 3: 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?
The Public Hearing on Proposed Amendments to the Zoning By-Law was continued to Monday, January 11 at 7:00 PM.
8:00 Hewitts Cove Marina (HCM)-24 Shipyard Drive
Site Plan Review and Special Permit A3 re: Modification of Mixed-Use Special Permit for Proposed Change of Use from Retail to Gym/Fitness. This was a joint hearing with the Zoning Board of Appeals.
The applicants, Hewitts Cove Marina (HCM) are proposing to convert 1,641 s.f. of the first floor of the Marina Building originally permitted for retail space to a “Curves” fitness facility. Under the existing Mixed-use Special Permit a Major Modification is required because more than 10% of the building will undergo a change from the approved use. Two determinations need to be made: 1) whether the change of use from retail to health club should be permitted in this location within the parameters of the Special Permit for the larger mixed use development, and 2) whether there is sufficient parking in the vicinity to grant a waiver from the off-street parking requirements for the Shipyard.
Members of the ZBA and Planning Board deliberated on the proposed change of use. Members of both boards expressed disappointment that this space within the marina building would not be use as originally intended for a marine-related use. The Applicants provided a convincing explanation of why they had not been able to find a chandlery or similar marine-related retail use to occupy this space despite their best efforts. At this point the space had been vacant for more than a year.
The Planning Board voted to waive the requirement for Site Plan Review in association with the Special Permit A2 in light of the fact that the proposed change would only affect the interior of the building. The ZBA voted, unanimously, to approve the proposed modification to the Special Permit allowing for the requested change of use.
In terms of the request for a modification to the Special Permit A3 (Parking), Ms. Lacy explained that this property is not included in the shared parking analysis approved for other portions of the project. Currently, there are 19 parking spaces dedicated to this 8,660 s.f. building in the parking lot just to the west of the building. Based the parking requirements approved during the course of the project, their current proposed building program will require 27 parking spaces.
Chart House Capital 1066 4/1000 per 2003 SP 4.26
Vacant 600 4/100 per 2003 SP 2.4
Dr. Brennan 835 3 per July 2009 Decision 3
Curves 1614 7/1000 per 2007 Modification 11.298
Marina Office 1472 4/100 per 2003 SP 5.88*
26.838
In order to make up for the proposed deficit, the Applicant is proposing to make up the difference by reserving 8-10 spaces across Shipyard Drive in the northwest corner of the supplemental lot nearest to the Marina Building. This lot is, in fact, owned by HCM, but per a 2006 Agreement between Sea Chain and the MBTA was to be set aside for supplemental commuter parking. Based on a review of the material, and a discussion with Philip Jean, the MBTA’s designee, Ms. Lacy confirmed that HCM has the right to use up to 35 additional spaces in the supplemental lot for land uses occurring within the marina.
It was moved, seconded and SO VOTED to approve the requested modification to the Special Permit A3 for the Hingham Shipyard dated in 2007 as amended, by allowing for the use of 8 additional parking spaces to provide parking for a proposed Curves Fitness facility to be located in approximately 1670 s.f. of first floor space within Building 24, Hewitt’s Cove Marina.
This approval was subject to the following conditions:
1. The parking spaces must be located in the Northeast corner of the supplemental lot closest to the Marina Building, and must be clearly marked as reserved for Curves customers only.
2. A notice directing customers where they should park must be posted in a visible location within the Curves facility, and the building owners and facility operator shall make the best possible efforts to ensure compliance with this notice.
8:30 Hingham Shipyard-portion of former Weber Dodge Site, 421 Lincoln Street
This was a joint hearing with the Zoning Board of Appeals. Present for the Applicant:
• DJ MacKinnon, Atlantic Development
• Bill Goebel, P.E., Bohler Engineering
• Joe Nevin, Bergmeyer Associates, Architects
• Jason Plourde and Rebecca Brown, GPI –Traffic
• Jeffery Tocchio, Attorney for Atlantic Development
• Robert Devin, Attorney for TD Bank
This site (a portion of the former Weber Dodge Site) was included as part of the Hingham Shipyard redevelopment in 2003. The proposed modification will result in the construction of a 3,800 s.f. retail bank with attached, three-lane drive-thru and 29 parking spaces, which slightly exceeds the requirements set forth in the Zoning By-law. The Planning Board met informally with the applicants in the Fall of 2009 to provide input on the overall site layout. As requested by the Board, the drive-thru facility has been moved adjacent to the building. A small parking area is located in front of the building fronting on Route 3A, though it appears that a landscaped berm will provide screening. The paved area to the rear (northwest) of the site nearest to the mouth of the Back River will be removed, and replaced with loam and seed. The lighting selected will match the lighting included in the CVS parking lot.
The Applicant proposes to include an interpretive panel in the northeast corner of the site, and a larger, wall-mounted historic photo within the building, but visible through the front atrium entrance. Additionally, the have committed to providing a flagpole in the southeast corner of the site.
The general pre- and post-construction stormwater collection system are consistent with the system approved under the original Order of Conditions for the Weber Dodge site, and have been approved by the Conservation Commission.
Access and egress to the site will be provided via two driveways located on Essington Drive.
The Applicant’s Traffic Engineer, Bohler Engineering, prepared a traffic study, which was reviewed by the Board’s consulting engineer, Jeff Dirk of VAI. Mr. Dirk has reviewed plans, and after some back and forth with the applicant’s engineers, has found the plans to be largely satisfactory. His remaining recommendation are included in a letter to the Board dated January 6, 2010 generally agreed with the findings, had several comments and proposed conditions relative to the final plans.
Gary Tondorf-Dick reviewed the lighting plan, and noted that, as designed, the light was not evenly distributed, which posed danger to pedestrians. He requested that a revised lighting plan be submitted for review prior to the issuance of a building permit.
Planning Board members reviewed the Site Plan in accordance with the criteria set forth I-I of the Zoning By-Law. It was moved, seconded and SO VOTED to recommend the Site Plan for TD Bank and the associated modification to the Special Permit A2 for the mixed permit for the Hingham Shipyard subject to the following conditions:
1. Prior to the issuance of a Building Permit, the Applicant will provide a revised Site Plan showing the following changes:
A. All centerline markings shall be shown as a double-yellow centerline
B. the crosswalk shall be relocated northerly and situated across the south leg of Essington Drive at a 90 degree curve, and the sidewalk proposed for the west side of Essington Drive shall be extended to the northern end of the project site and a crosswalk provided across the site driveway.
C. The plans should include information regarding planned loading areas within the site for deliveries and/or refuse recycling.
D. The plan should be revised to show the three parking spaces at the north end of the Project site eliminated, and all of the parking spaces north of the driver-through teller shall be designated as employee parking.
E. All traffic control signs (stop, one-way, etc.) should be shown on the Site Plan
2. Prior to the issuance of a building permit, the applicant shall submit a revised site lighting plan for review and approval by the Board.
3. Prior to the issuance of a building permit, and in accordance with the requirement for an interpretive element to the site plan, the Building Commissioner will ensure that the following has been accomplished:
A. A 70’ flagpole shall be erected on the southeast corner of the site clearly visible from Route 3A.
B. An interpretive plaque, the contents of which shall be approved by the Planning Board’s representative, shall be placed in the northeast corner of the site near the relocated cross-walk
.
C. A large, mural-style historical photograph shall be hung within the interior of the central lobby area, clearly visible from the outside the front entrance.
4. Per the project plans, no dumpsters shall be allowed on site.
5. Snow will be removed from all paved areas of the site.
Old/New Business
Minutes of December 21
Three Board members reviewed and initialed the minutes of December 21.
Form A-4 Button Cove Road Perimeter Plan
It was moved, seconded and SO VOTED to endorse the Form A entitled “Plan of Land, 4 Button Cove Road, Hingham, MA,” prepared for Elizabeth A. Sullivan, dated December 22, 2009 and prepared by Cavanaro Consulting, Norwell, MA.
Form A-83 and 91 Lazell Street
It was moved, seconded and SO VOTED to endorse the Form A entitled “Plan of Land, 83 and 91 Lazell Street, Hingham, MA,” prepared for David A. and Nancy B. Barry, dated January 4, 2010 and prepared by Hoyt Land Surveying, Weymouth, MA.
Next Meeting: January 21
The Meeting was adjourned at 10:00 PM
Respectfully Submitted,
Katharine T. Lacy, Town Planner