Minutes January 11, 2010
Regular Meeting
Planning Board Agenda for Monday, January 11, 2010
7:00 Public Hearings on Proposed Amendments to the Zoning By-Law _____________
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 five of the proposed amendments to the Zoning By-Law all related to changes in Section III-A (Table of Permitted Uses).
Article 7: Various Changes and Clarifications to Section III-A
The Board voted unanimously to recommend that Town Meeting approve the following amendment to the Zoning By-Law:
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-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 item will make a clear link between the use table where multi-family uses are permitted, and the requirements for multi-family housing spelled out in IV-E. This article will not actually change anything, and will have no impact at all on other sections of the By-Law addressing multi-family housing; it will simply make the By-Law easier to navigate.
Item 2: At subsection 4.11A, replace the existing use description in its entirety with the following: “A drive-up bank teller or automated teller machine (ATM) operated by a bank or financial institution for the convenience of its customers.
This article will clarify the current description of a drive-up teller or ATM.
Item 3: At Section III-A, 4.17, “Retail Group”, add 4.12A “Health Club” to the list of uses that can be included in Retail Group.
This article rectifies an oversight that occurred when the By-Law was modified in 2009 to allow Health Clubs in the Industrial Districts. At that time, the Planning Board neglected to include this new use in the list of uses permitted in“Retail Group.” This came up this year when Derby Shop petitioned to add a Yoga Studio to its mix of uses, and it was discovered that while Health Clubs were allowed in the underlying Industrial Park District, it was not allowed in the mix of uses allowed in a Retail Group in the Industrial Park District.
Item 4: At Section V-I, Definitions, amend the definition of “Consumer Service Establishment” to include Animal Grooming.
Article 9: To Permit Special Events and Concessions in Official and Open Space Dist.
The Board discussed but did not vote on Article 9, which would allow for temporary special events such as the Farmer’s Market or “Touch a Truck” to be allowed in the Official and Open Space District with a Special Permit A2. It would also allow for outdoor concessions as an accessory use to a recreational or athletic use, such as that already in existence at Lynch Field, to be permitted in Official and Open Space with a Special Permit A2. The discussion of this article was continued to February 1, 2010.
Article 10: (Animal Grooming, Boarding and Breeding)
Board members decided to withdraw this article, and, instead, address the issues by 1) modifying Article 7 to include an item modifying the definition of Consumer Services to include Animal Grooming, and 2) determine additional districts where animal breeding and boarding could take place within consideration of Article 8.
Article 5, Article 8
Article 5, which was carried over from 2009, was intended to modify and update the permitted uses, dimensional requirements and mitigation requirements for land uses within the South Hingham Development Overlay District to be more conducive to development that is both economically beneficial to the Town, and appropriate for this area in scale and layout.
Article 8 would allow the Planning Board to review the current Use Table (Section III-A) with the goal updating the list of uses permitted (or prohibited) in the Office Park, Industrial, Limited Industrial and Industrial Districts serve the best interests of the Town.
Board members decided to consider these articles simultaneously relative to use, and continue discussion relative to the dimensional and fee requirements in the SHDOD to a future meeting. Board members reviewed every single use in Section III-A, with the goal if identifying which uses currently not permitted in the Office Park and Industrial Districts should, perhaps, be permitted. They also identified inconsistencies in the Use Table that needed to be resolved.
Board members asked Ms. Lacy to look into the origins and distinct intent of the various Districts, and report back at the next meeting. At that time, the Board was planning to go through each defined use, and determine which uses could be permitted (by right, A1 or A2) in the Office Park and Industrial Districts.
These articles will be reconsidered on January 21, 2010.
Old/New Business
The Board voted to approve the minutes of December 21, 2009.
Next Meeting: January 21
The Meeting was adjourned at 10:15 PM
Respectfully Submitted,
Katharine T. Lacy
Town Planner