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Minutes March 10, 2011
Regular Meeting
Planning Board Agenda for Thursday, March 10, 2011


   

7:00 PMContinuation of Zoning Hearings

ARTICLE 1:Changes to Use Table

ARTICLE 2:Changes to Dimensional Requirements for Business B

 

Old/New Business

___

Present: Planning Board Members, Paul Healey, Gary Tondorf-Dick, Judy Sneath and William

Ramsey.Also present was Planner Katharine Lacy.

7:00 PMContinuation of Zoning Hearings

The Board voted to recommend that Town meeting vote favorably on the following two amendments to the Zoning By-Law:

ARTICLEChanges to Use Table

Board Members continued the discussion about proposed changes to the Use Table, and voted to recommend the following amendment to the Zoning By-Law.(See Attachment)

ARTICLETo Amend Dimensional Requirement for Business B

Will the Town modify the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, at Section IV-A (Schedule of Dimensional Requirements) by adding, at Business B, Special Requirement 2.

Old/New Business

The Board voted to approve the minutes of March 3, 2011.

 

Form A – 20 Derby Street

This Form A is to combine four existing lots into on contiguous lot as shown on a plan prepared by Coler & Colantonio, dated March 4, 2011.

It was moved, seconded and SO VOTED to endorse the Form A entitled “Approval Not Required Plan, 20 Derby Street, Hingham, MA (Plymouth County),” prepared for Old Colony Montessori School, dated March 4, 2011 and prepared by Coler & Colantonio, Norwell, MA.

The meeting was adjourned at 10:00 PM.

Respectfully Submitted,

Katharine T. Lacy, Town Planner


 

Article W (formerly Article 1)

Will the Town modify the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:

Item 1At Section III-A, modify the Schedule of Permitted Uses for the Residential Districts A, B, C, D, E; Business A and B Districts, the Waterfront Business District, the Business Recreation District, and the Official and Open Space District, as shown on the attached table:

Item 2At Section VI, Definitions

A. Delete, in its entirety, the definition for Sit-Down Restaurant, and replace with the following new definition:

“An establishment offering prepared food and beverages to be primarily ordered, served and consumed at tables on the premises. Does not permit drive-thru service.”

B. Eliminate the definition for Drive-In Restaurant and Take-out Restaurant

C. Replace, in its entirety, the definition for Fast Food restaurant, and replace it with the following new definition for “Fast Food/Take-Out” Restaurant:

“An establishment offering prepared foods and beverages on a self-serve basis or ordered at a counter, to be consumed on or off the premises.”

D. Insert definition of Private Passenger Vehicle as follows:

“A motor vehicle used by an individual or family for personal transportation.”

Item3At Section III-B, Note #7, delete the second sentence in its entirety.

III-ASCHEDULE OF USES

DISTRICTS

LEGEND

R=Residence B=Business OP= Office Park WB=Waterfront Business WR=Waterfront Recreation

I=Industrial IP=Industrial ParkLIP=Limited Industrial Park BR=Business Recreation

OO=Official and Open Space

Residence

Business

Office

Waterfront

Waterfront

Industrial

Industrial

Limited

Business

Official and

A

B

C

D

E

A**

B

Park*

Business

Recreation

Park*

Industrial Park

Recreation

Open Space

1.RESIDENTIAL

1.1Single-Family Dwelling, together with such accessory buildings and structures as are customarily incidental thereto.

P

P

P

O

P

O

O

O

O

O

O

O

O

O

O

1.2Alteration and conversion of a Single-Family Dwelling containing at least 6 rooms exclusive of hall and bathroom existing prior to March 10, 1941, to

accommodate not more than two families, provided that the exterior design of the structure is not changed from the character of a Single-Family Dwelling.

A1

A1

A1

A1

A1

A1

A1

O

O

O

O

O

O

O

O

1.3 House trailer or mobile home, if approved by the Board of Health. The required authorization by the Board of Appeals may be granted for a period of not more

than six months and shall be subject to renewal for only one additional six-month period.

A1

A1

A1

A1

O

O

O

O

O

O

O

O

O

O

O

1.4Apartment House, subject to the provisions of IV-E, Multi-Unit Development.

O

O

O

O

O

A2

A2

O

O

O

O

O

O

O

O

1.5Buildings containing multiple dwelling units, and community and other buildings accessory thereto, constructed and operated pursuant to the provisions of Section 38, 39, 40, and 41 of Chapter 121B of the Massachusetts General Laws, providing housing for elderly persons of low income, or constructed and operated pursuant to the provisions of Sections 25-32 of Chapter 121B of the Massachusetts General Laws, providing housing for persons of low and moderate income, subject to the provisions of IV-E, Multi-Unit Development. This use shall be exempt from paragraph 4 of Section IV-C.

A2

O

O

A2

A2

A2

A2

O

O

O

O

O

O

O

O

Residence

Business

Office

Waterfront

Waterfront

Industrial

Industrial

Limited

Business

Official and

A

B

C

D

E

A**

B

Park*

Business

Recreation

Park*

Industrial Park

Recreation

Open Space

1.6Town House – not less than four nor more than ten connected dwelling units, subject to the provisions of IV-E, Multi-Unit Development.

O

O

O

A2

A2

O

O

O

O

O

O

O

O

O

O

1.7Garden Apartments-not less than four nor more than 10 connected dwellings, subject to the provisions of IV-E, Multi-Unit Development.

O

O

O

O

A2

O

O

O

O

O

O

O

O

O

O

1.8Accessory Uses when in conjunction with Single-Family Dwellingand Two-Family Dwelling (subject to Section III-I):

1.8.1Garaging of not more than 3 private-passenger non commercial motor vehicles provided that the total number of garage bays permitted per property under 1.8.1, 1.8.2 and 1.8.3 does not, in combination, exceed three (3).

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

1.8.2Garaging or parking of one non-private passenger vehicle commercial with a maximum gross weight of 10,000 lbs. provided that the total number of garage bays permittedper propertyunder 1.8.1, 1.8.2 and 1.8.3does not, in combination, exceed three (3).

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

1.8.3Garaging or parking of a commercial non-private passenger vehicle in excess of 10,000 lbs or more than one non-private passenger commercial vehicle, provided that the total number of garage bayspermitted per property under 1.8.1, 1.8.2 and 1.8.3 does not, in combination, exceed three (3).

A1

A1

A1

A1

A1

A1

A1

A1

A1

A1

A1

A1

A1

A1

A1

1.8.4Professional office or studio of a resident physician, dentist, attorney, architect, artist, musician, engineer, real-estate or insurance broker, or member of another recognized profession, provided that no more than three persons, including the resident professional(s), or business owner(s), shall be employed on the premises at any one time, and further provided that any display or advertising shall be in accordance with provisions of Section V-B.

P

P

P

P

A1

P

P

O

O

O

O

O

O

O

O

1.8.5The office or studio of a resident art dealer, interior decorator, or appraiser, provided that said office or studio is open to clients by appointment only, that no more than three persons, including the resident professional(s), or business owner(s), shall be employed on the premises at any one time, and that there shall be no display or advertising visible from the street and no exterior signs.

P

P

P

P

A1

P

P

O

O

O

O

O

O

O

O

Residence

Business

Office

Waterfront

Waterfront

Industrial

Industrial

Limited

Business

Official and

A

B

C

D

E

A**

B

Park*

Business

Recreation

Park*

Industrial Park

Recreation

Open Space

1.8.6Customary home occupation such as dressmaking and millinery conducted by a resident on the premises, provided that no more than one other person is regularly employed therein in connection with such use, and that there is no exterior storage of material or equipment, and that no display of products is visible from the street, and that any display or advertising is in accordance with Section V-B.

P

P

P

P

A1

P

P

O

O

O

O

O

O

O

O

1.8.7In accessory buildings incidental to a Single-Family Dwelling or a Two-Family Dwelling, the following uses are permitted:(a) the accessory uses listed in subsections 1.8.1 through 1.8.6 above; and/or (b) such other uses as are customarily incidental to a residential use, including, but not limited to, barns,

garages, workshops, artist studios and the like, living rooms, eating areas, cooking facilities and sanitary facilities (excluding bathing facilities) , as long as,

in combination, these uses do not create a detached dwelling unit with complete living facilities for one or more households.Notwithstanding the foregoing,

bathing facilities shall be permitted within a pool house located directly adjacent to and serving an in-ground swimming pool.

P

P

P

P

P

P

P

O

O

O

O

O

O

O

O

2.1Farm-Agricultural, orchard, or plant nursery

P

P

P

P

P

O

O

P

O

O

P

P

P

P

P

2.1.1Single-Family Dwelling for resident proprietor of 2.1, Farm Agricultural, orchard or plant nursery

P

P

P

A1

A1

O

O

A1

O

O

A1

A1

A1

A1

A1

2.2Farm - Livestock and poultry, but not including the raising of swine or fur-bearing animals for commercial use subject to special condition No.1 of Section III-B.

A1

A1

A1

A1

A1

O

O

A1

O

O

A1

A1

A1

P

P

2.2.1Single-Family Dwelling for resident proprietor of 2.2, Farm-Livestock and Poultry

A1

A1

A1

A1

A1

O

O

A1

O

O

A1

A1

A1

A1

A1

2.3Sales room or stand for the display or sale of agricultural or horticultural products, the major portion of which is grown or produced on the premises by a

resident proprietor.

A1

A1

A1

A1

A1

O

O

A2

O

O

A2

A2

A2

P

O

2.4Seasonal sale of cut Christmas trees, subject to Special Condition 6 of Section III-B.

O

O

O

O

O

P

P

P

O

O

P

P

P

O

P

Residence

Business

Office

Waterfront

Waterfront

Industrial

Industrial

Limited

Business

Official and

A

B

C

D

E

A**

B

Park*

Business

Recreation

Park*

Industrial Park

Recreation

Open Space

3.INSTITUTIONAL, EDUCATIONAL, AND RECREATIONAL USES

3.1 Church or other place of worship, parish house, rectory, convent, and other religious institutions, subject to Special Condition 8 of Section III-B.

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

3.2Schools or Playgrounds - Public, religious, sectarian, or denominational, subject to Special Condition 8 of Section III-B.

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

3.3Schools - Private, including dormitories accessory thereto, subject to Special Condition 8 of Section III-B.

A2

A2

A2

A2

A2

A2

A2

A2

O

O

A2

A2

A2

O

A1

3.4Nursery school or other use for the day care of children, other than as exempted under Massachusetts General Laws Chapter 40A, Section 3, or a privately

organized camp, providing any outdoor play area is at such a distance and so screened from any residential structure on an adjoining lot as to avoid a noise

nuisance, subject to Special Condition 8 of Section III-B.

A1

A1

A1

A1

A1

A2O

A2O

A2

O

O

A2

A2

A2

O

A1

3.5Public buildings and premises for government use, including public libraries, museums and parks

P

P

P

P

P

P

P

P

A2

A2

P

P

P

A21

A21

3.6Private non-profit library, museum, or community center

A2

A2

A2

A2

P

P

P

A2

A2

O

A2

A2

A2

A1

A1

 

3.6ALocal Cable Access Broadcasting Studio

O

O

O

O

0

P

P

O

O

O

O

O

O

A2

A2

 

 

3.7Country, golf, swimming, skating, yacht, or tennis club, or other social, civic, or recreational lodge or club-- not conducted as a business

A2

A2

A2

A2

P

A2

A2

A2

A2

O

A2

A2

A2

P

A1

Residence

Business

Office

Waterfront

Waterfront

Industrial

Industrial

Limited

Business

Official and

A

B

C

D

E

A**

B

Park*

Business

Recreation

Park*

Industrial Park

Recreation

Open Space

3.8Hospital,

OA2

OA2

OA2

OA2

OA2

O

A2

A2

O

O

A2

A2

A2

O

O

3.8AClinic

O

O

O

O

O

A2O

A2O

A2

O

O

A2

A2

A2

O

O

3.8BNursing home, rest home, convalescent home, congregate living facility, charitable institution or other non-correctional institutional use.

A2

A2

A2

A2

A2

A2

A2

A2

O

O

A2

A2

A2

O

O

 

 

3.9Cemetery

A1

A1

A1

A1

O

O

O

O

O

O

O

O

O

O

A1

3.10Public-utility buildings and structures

A1

A1

A1

A1

A1

P

P

P

A2

O

P

P

P

O

A1

3.11Outdoor Concession as an accessory use when supporting outdoor athletic field uses permitted or allowed under Sections 3.2, 3.3, 3.5 and 3.7 (subject to Section III-I).

O

O

O

O

O

O

O

O

O

O

O

O

O

A1O

A1

4.1Retail store (other than those specified elsewhere on this Schedule) distributing merchandise to the general public.

O

O

O

O

O

P

P

O

A2

O

O

O

O

O

O

4.2 Craft, consumer, or commercial service establishments dealing directly with the general public.

O

O

O

O

O

P

P

O

A2

O

O

O

O

O

O

Residence

Business

Office

Waterfront

Waterfront

Industrial

Industrial

Limited

Business

Official and

A

B

C

D

E

A**

B

Park*

Business

Recreation

Park*

Industrial Park

Recreation

Open Space

4.3Undertaking establishment or funeral home.

O

O

O

O

O

A2

A2

O

O

O

O

O

O

O

O

4.4Animal or veterinary hospital, subject to special condition 1 of Section III-B.

A2A1

A2A1

A2A1

A2A1

O

A2A1

A2A1

A2

O

O

A2

A2

A2

O

O

4.5Commercial breeding, sale, or boarding of dogs, cats, or fur-bearing animals, subject to special condition 1 of Section III-B.

A1

A1

A1

A1

O

A1

A1

O

O

O

A2

A2

A2

O

O

4.6Commercial greenhouses

O

O

O

O

O

P

P

P

O

O

P

P

P

O

O

4.7Riding stable, subject to special condition 1 of Section III-B.

A21

A21

A21

A22

A21

O

O

O

O

O

O

O

O

A1

O

4.8Newspaper or job printing.

O

O

O

O

O

P

P

O

O

O

P

P

O

O

O

4.9ASit-down restaurant

O

O

O

O

O

A2

A2

A2

A2

O

A2

A2

O

A2

O

4.9BDrive-in restaurant.

O

O

O

O

O

O

O

O

O

O

O

O

O

A2O

O

4.9BCFast-food/Take-out restaurant.

O

O

O

O

O

A2O

A2O

A2

A2O

O

A2

A2

O

A2O

O

4.9DTake-out restaurant.

O

O

O

O

O

A2

A2

A2

A2

O

A2

A2

O

A2

O

Residence

Business

Office

Waterfront

Waterfront

Industrial

Industrial

Limited

Business

Official and

A

B

C

D

E

A**

B

Park*

Business

Recreation

Park*

Industrial Park

Recreation

Open Space

4.10Business or professional offices or agencies.

O

O

O

O

O

P

P

P

A2

O

P

P

P

O

O

4.11Bank or other financial institution.

O

O

O

O

O

P

P

P

A2

O

P

P

P

O

O

4.11A A drive-up bank or teller or automated teller machine (ATM) operated by a bank or financial institution

O

O

O

O

O

A2

A2

A2

A2

O

A2

A2

A2

O

O

4.12Commercial indoor amusement or recreation place or place of assembly.

O

O

O

A2

O

P

P

O

O

O

O

O

O

A1

O

4.12AHealth Club

O

O

O

A2

O

P

P

A2

O

O

A2

A2

A2

O

O

4.13Commercial outdoor amusement or recreation place not including an outdoor movie theater.

O

O

O

O

O

O

A1

O

O

O

O

O

O

A1

O

4.14Freight terminal or storage warehouse.

O

O

O

O

O

O

P

O

O

O

P

P

O

O

O

4.14AStorage trailers/containers (except for (i) dumpsters or other trash receptacles, and (ii) construction trailers approved under site plan review) subject to

the renewal of the Special Permit on an annual basis. All storage trailers/containers must otherwise comply with dimensional, parking and other

provisions of the Zoning By-Law.

O

O

O

O

O

O

A2

O

O

O

A2

A2

A2

O

O

4.15Heliport, subject to special condition 2 of III-B

O

O

O

O

O

O

A1

O

A1

A1

A2

A2

A2

O

O

Residence

Business

Office

Waterfront

Waterfront

Industrial

Industrial

Limited

Business

Official and

A

B

C

D

E

A**

B

Park*

Business

Recreation

Park*

Industrial Park

Recreation

Open Space

4.16Hotel or Motel

O

O

O

O

O

O

A2

O

O

O

A2

A2

A2

O

O

4.17Shopping Center consisting of three or more businesses described in Sections 4.1, 4.2, 4.9A, 4.9C (subject to Special Permit A2), 4.9D, 4.10, 4.11, 4.12, 4.12A, 4.16, and 5.1 of this Schedule.

O

O

O

O

O

O

O

A2

O

O

A2

A2

A2

O

O

4.18Parking area for employees, customers, or guests of a use abutting or across the street from it, provided that service operations are not performed at

the parking area.

A2

A2

A2

A2

A2

A2

A2

A2

O

O

A2

A2

A2

A2

A2

4.19Marine-oriented retail stores and consumer service establishments dealing directly with the general public.

O

O

O

O

O

P

P

O

A2

A2

O

O

O

O

O

4.20Adult uses, subject to Section V-F

O

O

O

O

O

O

O

O

O

O

O

A2

O

O

O

4.21Body Art Establishment as defined by the Hingham Board of Health.

O

O

O

O

O

O

O

O

O

O

A2

O

O

O

O

4.22Commercial/Residential Building (Subject to Section III-B, 7)

O

O

O

O

O

A2

A2O

O

O

O

O

O

O

O

O

4.23Leased Parking for Commercial/Residential Buildings (Subject to Section III-B, 7)

O

O

O

O

O

P

O

O

O

O

O

O

O

O

O

4.24Farmers’ Market

O

O

O

O

O

A2O

A2O

O

O

O

O

O

O

A2O

A2

4.25Retail, or Consumer Service or Commercial Service Establishment permitted as an accessory use for up to 15% GFA within any single building.

O

O

O

O

O

O

O

A2

O

O

A2

A2

A2

O

O

Residence

Business

Office

Waterfront

Waterfront

Industrial

Industrial

Limited

Business

Official and

A

B

C

D

E

A**

B

Park*

Business

Recreation

Park*

Industrial Park

Recreation

Open Space

5. AUTOMOTIVE AND MARINE SALES AND SERVICE

5.1Automotive “filling” or service station, subject to special condition 3 of Section III-B.

O

O

O

O

O

A1

A1

O

O

O

O

O

O

O

O

5.2Repair or storage garage for motor vehicles or trailers, which may include body, repair, welding, or soldering shop for motor vehicles or trailers, provided such operation shall be sufficiently insulated so that any noise, flashing, fumes, gases, smoke, or vapor shall be confined to the premises.

O

O

O

O

O

A21

A21

O

O

O

P

A2

A2

O

O

5.3Salesroom for franchised dealer or recognized agent of motor vehicle manufacturer whose principal business is the sale of new motor vehicles (the purchase and sale of second-hand motor vehicles being incidental thereto), together with indoor storage and service facilities reasonably incidental to such salesroom, provided that the principal display visible from the street shall not be second-hand motor vehicles; subject to site plan review in accordance with Section I-I.

O

O

O

O

O

P

P

O

O

O

P

P

O

O

O

5.4Marina; boat livery; sales, storage, and repair of boats, boat trailers, and marine accessories.

O

O

O

O

O

P

P

O

P

P

P

P

A2

O

O

6. WHOLESALE AND INDUSTRIAL USES

6.1Wholesale warehouse, including office or showroom facilities.

O

O

O

O

O

P

P

A2

O

O

P

P

A2

O

O

6.2Light industrial uses, including manufacturing, storage, processing, fabrication, packaging, and assembly.

O

O

O

O

O

O

O

A2

O

O

P

P

A2

O

O

Term

Current Definition

Currently allowed in*

New Definition Possibilities

4.9A

Sit-Down

An establishment offering prepared food and beverages to be consumed primarily at tables or at a counter on the premises, which serves not more than 40 persons per hour per 1000 square feet of gross floor area.

Business A &B A2

Office ParkA2

Waterfront Bus. A2

Industrial A2

Industrial Park A2

Limited IPO

Business Recreation A2

An establishment offering prepared food and beverages to be primarily served and consumed at tables on the premises. Does not permit drive-thru-service.

4.9B

Drive In

 

An establishment dispensing food and beverages, at a drive-in window or otherwise, to persons sitting in automobiles, for consumption outside the building.

 

 

I recommend that you eliminate this definition, and this use since it is not allowed anywhere.

4.9C

Fast Food/Take Out

An establishment offering prepared foods and beverages to be consumed on or off the premises which serves more than 40 persons per hour per 1000 square feet of gross floor area,

 

Business AA2O

Business BA2

Office ParkA2

Waterfront Bus. A2O

Industrial A2

Industrial Park A2

Business Recreation O

An establishment offering prepared foods and beverages (self serve or served within a short waiting time) to be consumed on or off the premises, and which can be packaged in such a manner to be readily consumed outside the premises. Does not permit drive-thru service.

4.9D

Take Out

An establishment offering prepared food and beverages to be consumed on or off the premises which serves more than 40 persons per hour per 1000 square feet a peak service capacity

 

 

Business A &B A2

Office Park A2

Waterfront Bus. A2

Industrial A2

Industrial Park A2

Business Recreation O

I recommend that this definition be eliminated, and Take-out and Fast Food be consolidated.

·None of these uses are allowed in Residence Districts A-e; Official and Open Space, Limited Industrialor Waterfront Recreation