Scheduled:
7:00 PM Public Hearings on Proposed Changes to the Zoning By-Law
· An Article to Capitalize Defined Terms
· An Article to Remove Setback Requirements in the Official and Open Space District
· An Article to Modify the Downtown Overlay District to Permit the creation of a Resident Parking Program by the Selectmen
8:00 PM Request for Bond Reduction, Christina Estates at Baker Hill
Old/New Business
§ Minutes/Bills
§ Form A - 2-3 Foley Court
Central Meeting Room South
Present: Planning Board Members, John Riley, Chair, Susan Murphy, Clerk, Paul Healey, Sarah Corey, and Tod McGrath. Also present was Planner Katharine Lacy.
Mr. Riley opened the public meeting at 7:10 P.M. at the Hingham Town Hall.
RE: Public Hearings on Proposed Changes to the Zoning By-Law
Mr. Riley opened the hearing by describing the procedure for the public hearing process.
1. An Article to Capitalize Defined Terms
There was no discussion on this article. The Board voted to continue the hearing to a later date.
2. An Article to Remove Setback Requirements in the Official and Open Space District
Tom Carey presented this article on behalf of the Selectmen. Currently Special condition #1 requires a 100' setback for any building in the Official and Open Space District when it abuts a residential zone. In other zones the setback requirement is 40'. The Town has found that for smaller parcels the 100'setback is cumbersome in that it precludes development of much if not all of the parcel. Planning Board members Corey and Riley stated their opinion that the current requirement worked to protect abutters. Murphy, McGrath and Healey noted that the current system of relying on variances to get around this requirement was not appropriate, and agreed that a more site-specific standards should be developed. Ms. Tully offered the assistance of the Selectmen's office in researching the various parcels in the Official and Open Space Zone, to determine what would be appropriate. Public comments all expressed concern with the removal of the 100' setback requirement.
3. An Article to Modify the Downtown Overlay District to Permit the creation of a Resident Parking Program by the Selectmen
Ms. Murphy read the proposed article, noting that it had originally been part of the Downtown Overlay District. There was no comment from the public. The hearing was continued.
4. An Article to Re-Delegate Special Permit Granting Authority
Board members voted to submit the following article, reserved per the Planning Board memo of 11/29/06 to the Board of Selectmen for inclusion in the 2006 Town Meeting warrant:
Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:
Item 1: Amend Section I-C by deleting the words "Board of Appeals" each time they appear and substituting therefor the words "Permit Granting Authority".
Item 2: Amend Section I-D by:
(a) deleting subsection 2.b. in its entirety and substituting therefor the following:
"Special Permit A1 - To hear and decide an application for a Special Permit A1 as provided in this By-Law, only for uses in specified districts which are in harmony with the general purposes and intent of this By-Law and which shall be subject to any general or specific rules prescribed herein and to any appropriate conditions, safeguards, and limitations on time and use.";
(b) in subsection 3 inserting the phrase "A1" after the words "Special Permit" in the first sentence thereof;
(c) in subsection 3 deleting the second paragraph thereof in its entirety; and
(d) deleting subsection 4 thereof in its entirety.
Item 3: Delete Section I-F in its entirety and substituting therefor the following:
"I-F Special Permits
1. Special Permit Granting Authority
Effective as of April __, 2006, the Board of Appeals shall be the Special Permit Granting Authority for any use requiring a Special Permit A1 under this By-Law and the Planning Board shall be the Special Permit Granting Authority for any use requiring a Special Permit A2 under this By-Law, including all modifications of any Special Permit A2 issued prior to such effective date. Two associate members of the Planning Board may be appointed by the Board of Selectmen to act on Special Permit A2 applications if necessary. No member of the Planning Board shall act on any matter in which the member may have a personal or financial interest, and in such event, an associate member shall be designated to serve on the Planning Board and to act upon the matter.
2. Procedures for Application, Hearing and Decision
Each application for a Special Permit shall be filed with the Town Clerk, with duplicate copies submitted in accordance with the regulations of the Special Permit Granting Authority. The Special Permit Granting Authority shall hold a public hearing on the application, as provided in Massachusetts General Laws Chapter 40A, within 65 days of the filing of a complete application and shall render a decision within ninety (90) days from the close of the public hearing. Failure to take action within the said ninety (90) day period shall be deemed to be a grant of the permit applied for.
The Special Permit Granting Authority may grant, grant with conditions, deny, or grant leave to withdraw an application for a Special Permit. A copy of the decision shall be filed with the Town Clerk and the Planning Board (if granted by the Board of Appeals), and shall be furnished the applicant and property owner, in accordance with Massachusetts General Laws Chapter 40A.
The applicant shall be responsible for filing a certified copy of the decision in the Registry of Deeds or, where applicable, in the Land Court. Prior to the issuance of a Building Permit, the applicant shall present to the Building Commissioner evidence of such recording.
3. Review Criteria
In reviewing each such application the Special Permit Granting Authority shall study the site plan with reference to the health, safety and welfare of the prospective occupants, the occupants of neighboring properties, and users of the adjoining streets or highways, and the welfare of the Town generally, including its amenities. In addition to making the Special Permit findings, the Special Permit Granting Authority shall consider the specific site plan review items listed in Section I-I, 4.
The Special Permit Granting Authority shall limit the proposed development so that its impact on each of the municipal services, ways, utilities and other resources does not exceed its existing design capacity, as determined by the Special Permit Granting Authority. This limitation shall be imposed upon the proposed development regardless of the intensity of development otherwise permitted by Section III-A and Section IV-A.
The costs of professional consultants, experts or assistance incurred by the Board of Appeals or Planning Board shall be borne by the applicant. However, the costs to be paid by the applicant shall not exceed the reasonable and usual charges of said consultants or other experts for such services nor shall they exceed the greater of $10,000 or one percent (1%) of the total projected cost of the project (inclusive of engineering, architectural, and legal fees and other soft costs). The applicant shall deposit with his application an appropriate portion of the anticipated review costs as determined by the Boards' administrators as security for payment on such costs. No occupancy permit may be issued in accordance with Section I-C of this By-Law until the applicant has paid or reimbursed the Town for all such costs.
4. Approval Criteria
An applicant is not entitled to a Special Permit. The Special Permit Granting Authority may approve such application for a Special Permit if it finds that, in its judgment:
a. use of the site is in harmony with the general purpose and intent of this By-Law;
b. the proposed use complies with the purposes and standards of the relevant specific sections of this By-Law;
c. the specific site is an appropriate location for such use, structure, or condition, compatible with the characteristics of the surrounding area;
d. the use as developed and operated will create positive impacts or potential adverse impacts will be mitigated;
e. there will be no nuisance or serious hazard to vehicles or pedestrians;
f. adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use; and
g. the proposal meets accepted design standards and criteria for the functional design of facilities, structures, stormwater management, and site construction.
5. A Special Permit shall lapse within a two (2) year period or a shorter period if so specified by the Special Permit Granting Authority, which shall not include any time required to pursue or await the determination of an appeal pursuant to Massachusetts General Laws Chapter 40A, Section 17, and if a substantial use thereof has not sooner commenced except for good cause, or in the case of a permit for construction, if construction has not begun within the period except for good cause.
6. Repetitive Petitions
No Special Permit A2 application which has been unfavorably and finally acted upon by the Planning Board shall be acted favorably upon within two (2) years after the date of final unfavorable action unless all but one of the members of the Planning Board, after notice is given to parties in interest of the time and place of the proceedings to consider consent, finds specific and material changes in the conditions upon which the previous unfavorable action was based, describes such changes in its records."
Item 4: Delete Section I-G in its entirety and replace therefor the following:
"I-G Special Permits with Site Plan Review (A2)
Site plan review is required for all Special Permits designated A2 in this By-Law. Such site plan review is conducted by the Planning Board as the Special Permit A2 granting authority. Each application to the Planning Board for a Special Permit A2 must include all the information and plans required for site plan review. (See Section I-I, 3.) The Planning Board shall transmit forthwith a copy of the application to and may consult with other Town agencies, boards and officials as it deems appropriate. The Planning Board shall review and investigate each such application in accordance with the criteria and standards for site plan review listed in Section I-I, 4."
Item 5: Amend Section I-I by:
(a) deleting subsection 2 in its entirety and renumbering the subsequent subsections accordingly; and
(b) amending renumbered subsection 3 (Review Standards) by deleting the words "and Zoning Board of Appeals" in the first sentence thereof.
Item 6: Delete Section I-J in its entirety and substitute therefor the following:
"I-J Fees
At the time of filing an Appeal or an application for a Variance or a Special Permit, the applicant shall pay a fee to the Town Clerk, according to the following schedule:
a. single-family residential Variance or Appeal $200.00;
b. application for sign under Section V-B $100.00; and
c. all other applications $300.00.
Agencies of the Town are exempt from all filing fee requirements."
Item 7: Amend Section III of the By-Law by:
(a) amending Section III-A under "A2" to delete the words "by the Board of Appeals as provided in Section I-G" and substituting therefor the words "by the Planning Board as provided in Sections I-F and I-G" and by deleting the words "the Board of Appeals in the last sentence thereof and substituting therefor the words "a Special Permit Granting Authority";
(b) amending Section III-E by deleting the words "Board of Appeals" and "Board" wherever they appear and substituting therefor the words "Special Permit Granting Authority";
(c) amending Section III-G, 5 by deleting the words "Planning Board and/or the Board of Appeals" wherever they appear and substituting therefor the words "Permit Granting Authority";
(d) amending Seciton III-G, 6 by deleting the words "Board of Appeals" wherever they appear and substituting therefor the words "Planning Board"; and
(e) amending Section III-I, 1(b) by deleting the words "Board of Appeals" and substituting therefor the words "Planning Board".
Item 8: Amend Section IV of the By-Law by:
(a) in Section IV-B, 10.e. delete the words "Board of Appeals" wherever they appear and substitute therefor the words "Board of Appeals";
(b) in Section IV-D delete the phrase "A3" wherever it appears and substitute therefore the phrase "A2";
(c) in Section IV-E delete the words "Board of Appeals" wherever they appear and substitute therefor the words "Planning Board";
(d) in Section IV-F delete the words "Board of Appeals" and "Board" wherever they appear and substitute therefor the words "Planning Board"; and
(e) in Section IV-G [insert appropriate modifications of Mixed-Use bylaw].
Item 9: Amend Section V of the By-Law by:
(a) in Section V-A deleting the words "Zoning Board of Appeals" wherever they appear and substituting therefor the words "Planning Board";
(b) in Section V-C deleting the words "Board of Appeals" and "Board" wherever they appear and substituting therefor the words "Planning Board" and amending the name of subsection 2 thereof from "Application and Reference to Planning Board" to "Application";
(c) in Section V-E deleting the words "Board of Appeals" and "Board" wherever they appear and substituting therefor the words "Planning Board";
(d) in Section V-F deleting subsection (h) in its entirety and relettering subsection (i) to (h) accordingly;
(e) in Section V-G, 4.g. deleting the words "Zoning Board of Appeals" and substituting therefor the words "Planning Board"; and
(f) in the second paragraph of Section V-G, 4, j. deleting the phrase "or Board of Appeals".
Item 10: Amend Section IV by:
(a) in the definitions of "Nonconforming Structure" and "Nonconforming Use" substitute the words "Permit Granting Authority" for "Board of Appeals";
(b) inserting the following definition after the definition of the term "Nonconforming Use": "Permit Granting Authority - the Board of Appeals under Section I-D or the Planning Board under Section I-F, as designated in this By-Law"; and
(c) inserting the following definition after the definition of the term "Slope": "Special Permit Granting Authority - the Board of Appeals or the Planning Board as designated in Section I-F, 1 of this By-Law." or act on any matter related thereto.
RE: Request for Bond Reduction, Christina Estates at Baker Hill
Present for the Planning Board: Murphy, Healey and McGrath.
Present for the applicant: Jeff Tocchio, Attorney and Kelly McCarthy, paralegal, Drohan, Hughes, Tocchio and Morgan; Steve Silva, Coler and Colantonio, and Dave Gooley, Intoccia Construction,
Jeff Tocchio, on behalf of developer Michael Intoccia, requested the release of Lots 9-14, 32-37 Baker Hill Drive. He noted that Nick Lanney has put together an initial "Cost to Complete" indicating the appropriate amount for a bond to secure the work done form Station 20+50 to 29+00.
Planning Board members expressed concern that the emergency access drive linking Hilltop Road to Christina Estates had not been completed. The Board discussed various ways that they could put pressure on the developer to complete this critical safety component.
It was moved, seconded and SO VOTED, unanimously, by those present to release from the Form E Covenant dated November 13, 2000 and filed at the Plymouth County Registry of Deeds in Book 19089, page 235, and shown on plan 324 of 2000, Book 43, Page 1183 Lots 9-14, 32-35, 36 and 37, in the following sequence:
Lots 9-14 shall be released upon completion of the wetland replication area off Squirrel Hill Lane, and the installation of the retaining wall and construction of wetland replication area at Station 8+00.
Lots 36 and 37 shall be released upon completion of the installation of the emergency access bridge and placement of passable gravel binder.
Lots 32-35 shall be released upon installation of final pavement binder on the emergency access drive.
The release of ANY of the above lots shall be contingent upon the execution of an appropriate surety approved by Town Counsel, between the Town of Hingham and Intoccia Construction Company, having funds equal to $370,000 to secure the performance of work to be completed from Station 20+15 to 29+00 as identified in the Cost to Compete prepared by HML Associates 01/05/06.
The release of ANY of the above listed lots shall also be contingent upon the following safety conditions, identified by The Building Commissioner and Fire Safety Officer in a letter dated 01/10/06.
1. NO Certificates of Occupancy shall not issue for Lots 9-14, and 32-37, until the emergency access way is completed to allow for the passage of emergency vehicles;
2. Water hydrants presently installed shall be operational at all times;
3. A temporary, paved turn-around with a 50' radius shall be constructed at the Station 29+00 until such time that the emergency access bridge is operational, at which time the temporary cul-de-sac will be promptly removed.
4. The applicant shall provide copies of the access plans and proposed construction sequencing schedule to the Building Commissioner; and
5. The applicant shall cooperate with Hingham Municipal Light Plant concerning the powering-up of the constructed water booster pump station.
Old/New Business
Form A 2-3 Foley Court
Ms. Lacy explained that this is a simple land swap. Parcel A goes to Lot D (2 Foley Court), and Parcel B goes to Lot E (3 Foley Court). There is no net change in area, and neither lot becomes more non-conforming.
It was moved, seconded and SO VOTED, unanimously by those present to endorse the Form A entitled " Plan of Land 2-3 Foley Court in Hingham, MA", dated December 19, 2005, prepared by Aarberg Associates, Inc., Norwell, MA for Ronald Crombie, 3 Foley Court, Hingham, MA and David Robbin, 2 Foley Court, Hingham, MA, owners and applicants.
It was moved, seconded, and SO VOTED, unanimously, by those present to accept the minutes of December 5, 2005 and December 12, 2005.
The meeting was adjourned at 10:30 PM.
Respectfully submitted,
Katharine Lacy
Town Planner