Scheduled:
7:00 PM Continuation of Definitive Subdivision Hearing for Weathervane At Chestnut Gardens, 119 Beal Street (23 unit Condominiums)
8:00 PM The Upper Crust, 73 South Street (formerly the Cinnamon Bear Café)
Site Plan Review for Parking Determination for take-out and eat-in restaurant
8:30 PM Form A - 63 Rockland Street, Lucy Muzzi
Old/New Business
1. David Chase - Preliminary Discussion of Flexible Residential Development, Chief Justice Cushing Highway
Central Meeting Room South
Present: Planning Board Members, Susan Murphy, Acting Chair, Paul Healey, and Tod McGrath. Also present was Planner Katharine Lacy.
Ms. Murphy opened the public meeting at 7:10 P.M. at the Hingham Town Hall.
RE: Continuation of Definitive Subdivision Hearing for Weathervane At Chestnut Gardens, 119 Beal Street (23 unit Condominiums)
Present for the applicant: Jim Bristol, Weathervane Construction; Scott Turner, Richard Cook, Mark Gabriel, BSC Engineering.
This was a continuation of the Definitive Subdivision Hearing for the 23-units FRD proposed for the Riley property on Beal Street, initiated on January 23, 2006. Ms. Lacy stated that the project was approved by the Board of Health, and the applicant is meeting with the Con Com tonight. At the last meeting the Planning Board suggested that the applicant add a 4' sidewalk and narrow the road width to 18'. The applicant agreed to this change. Since that time the Fire Department reviewed the plans and agreed to the 18' road width if the applicant agreed to post it as a Fire Lane and prohibit on-street parking. The Fire Department also determined that they are comfortable with the 90' cul-de-sac, as long as no center island is added, and provided the Board with a letter to that effect.
Mr. Bristol expressed concern about the prohibition against on-street parking. He noted that this would be difficult to enforce. Mr. Cook noted that it would look strange to have the NO Parking signs mounted in the 4' sidewalk. He suggested that the roadway be widened to 20' with a 4' sidewalk. The Board concurred. The applicant agreed to place a sign indicating that overnight parking was prohibited at the entrance to the development.
In terms of the drainage calculations, Ms. Lacy reported that the consulting engineer, Nick Lanney had reviewed and approved the original drainage calculations, and received a commitment from the applicant to make a few modifications. She suggested that if the Board were to approve the plans they should put in a condition that Nick reviews them one more time to ensure that those changes were put in. She also noted that the Board still needs to review the condo documents.
It was moved, seconded, and SO VOTED, unanimously, by those present to the to APPROVE the plan entitled "Definitive Flexible Residential Development Plan, Weathervane at Chestnut Gardens, Hingham, Massachusetts, December 15, 2005", prepared by BSC Group, Norwell, Massachusetts, including Sheets 1-19 subject to and on the following conditions which, if not complied with shall, at the option of the Planning Board, operate as a rescission of this approval:
General
1. Prior to the endorsement of the Plan, the Applicant shall complete the following:
(a) Provide pursuant to the Massachusetts General Laws Chapter 41, Section 81U, a covenant to be executed and made a part hereof, and recorded with the Plan in the Plymouth Registry of Deeds, or a Letter of Credit in an amount sufficient to the Board to secure performance of the construction of ways and the installation of municipal services required for the lots shown on the Plan.
(b) Deliver the Condominium Documents (as defined in Section 7), containing provisions acceptable to the Planning Board evidencing the homeowners' continuing obligations under Town permits, regulations and bylaws in recordable form.
(c) Provide the Planning Board with a final set of plans, including all revisions discussed in the subdivision hearing, for review by the Town's engineer. Prior to final endorsement, such plans will be modified as needed to reflect corrections and revisions requested by the Engineer.
2. All work shall be performed in accordance with the Plan, this Certificate, and, except as specifically waived herein, in conformity with the Rules and Regulations of the Hingham Planning Board in effect as of the date of the application. Any waivers from said Rules and Regulations approved herein by the Planning Board shall be noted on the Plan.
3. The Applicant shall complete all work shown on the Plan, including all ways, drainage facilities, and utilities, within two years of the date of endorsement of the Plan or the approval shall be null and void, unless, at the request of the Applicant, the Planning Board extends the time for performance of such work.
4. If there is any inconsistency between this Certificate of Action and the Plan and any permit, decisions or plans as may be approved by any other state or local agencies or boards, including, without limitation any decision of the Hingham Board of Health or Hingham Conservation Commission, the Applicant shall submit an amended plan to the Planning Board for approval, and the Plan shall be modified accordingly.
5. Approval by the Planning Board of this Plan shall not be treated as, nor deemed to be, approval by the Board of Health for a permit for the construction and use on any lot of an individual septic system. No building or structure served by an on-site septic system shall be placed on any lot without approval by the Board of Health.
6. A street opening permit, and any other permits or authorizations necessary to do work within any public or private way (including Shade Tree Removal Permits), shall be obtained by the Applicant and delivered to the Planning Board prior to construction.
Roadway and Utilities
7. The roadway, drainage facilities, streetlights, and other utilities within the right of way shall remain private, shall not be offered for acceptance as a private way, and shall not be maintained by the Town of Hingham. Maintenance, repair and improvement thereof shall hereinafter be the responsibility of the Condominium Association, at their sole cost and expense. Such obligation shall be set forth in a Declaration of Easements, Restrictions and Covenants Running with the Land (the "Declaration"), a final version of which shall be approved by the Planning Board prior to endorsement of the Plan and shall be recorded with the Plan. In the event of a conflict between this Certificate of Action and the provisions of the Declaration regarding maintenance, repair and improvement of the roadway, drainage and other utilities, the provisions of this Certificate of Action shall govern:
The site's stormwater management system shall be maintained as outlined in the "Operations and Maintenance Plan", submitted with the Definitive Subdivision Plan application, and shall be recorded with the Plan and Association Documents.
8. Following the construction of the Subdivision roadway, the Applicant and/or the Homeowners' Association shall submit to the Planning Board and the Hingham Department of Public Works, annually on the anniversary date of this Certificate of Action, a report on the operation of the storm water drainage system (a "Drainage System Report"). The Drainage System Report shall include the details of all inspections and maintenance conducted on the system for the preceding year, and a certification by a licensed contractor that the system is in good working order. If a Drainage System Report is not submitted within sixty days of such date, the Applicant and/or the Homeowners' Association, as applicable, shall be liable to the Town for all costs and fees (including, without limitation, reasonable attorneys' fees) incurred by the Town in the enforcement of this Section. In addition, the Declaration shall provide that the Town of Hingham shall be a third party beneficiary of the Declaration for the purpose of enforcing such obligation, including, the right, but not the obligation, to perform such maintenance and repairs, if the Town deems such work is necessary to protect the integrity of any public way adjacent to the subdivision and receive reimbursement for the costs of such work from the members of the Homeowners' Association.
Development Standards
10. The total number of dwelling units on the site shall not exceed 23. There shall be no further subdivision of this lot for the purpose of further development on the site.
11. Dwellings shall be sited within the approximate building zones shown on the plan.
12. Overnight parking shall be prohibited on the roadways; such prohibition shall be a regulation of the Condominium Association.
13. Trash Dumpsters shall be prohibited in this project; the Association Documents shall reflect this restriction.
Open Space and Landscaping
14. The Open Space shall be conveyed to the condominium association, and a restriction enforceable by the Town shall be recorded providing that such land shall perpetually be kept in an open or natural state.
15. The area identified as Open Space Buffer on the plan shall remain undisturbed except as shown on the Plan, except for removal of dead trees or branches, and such restriction shall be included in the Association Documents.
16. The Open Space Buffer and limits of clearing shall be staked before the beginning of construction activity.
17. The Condominium Association shall maintain funds to replace street trees, and plantings intended for screening, as needed.
18. The Condominium Documents shall restrict fertilizer to types, which state they are approved by state and federal agencies specifically for residential use.
Affordable Housing Units
19. The two affordable units shall have a Use Restriction in perpetuity, including provision for the satisfaction of requirements in 760 CMR 45.03 (Department of Housing and Community Development's Local Initiative Units Program). The Use Restriction must be signed by the applicant, the Town of Hingham, and the Hingham Housing Authority (or other such board or authority granted jurisdiction over affordable housing units by the Town), and recorded with the Condominium Documents and expressly incorporated into the deed of each affordable unit, consistent with customary affordable housing practice.
20. The Applicant shall enter into a monitoring services agreement with the Hingham Housing Authority (or other such board or authority granted jurisdiction over affordable housing units by the Town), which, through its Director, will act as Monitoring Agent for the project. Services to be performed by the Monitoring Agent shall include but not be limited to:
a. review and approval of the affordable unit sales price, and their exterior similarity with the market-rate units;
b. review and approval of the affirmative marketing plan for the affordable units; and
c. review and approval of the selection process for occupants of the affordable units. To the extent permitted by law, selection of occupants shall be done on a local preference basis as set forth in the FRD (Section IV-D of the Zoning By-law).
21. All documents necessary in connection with the Local Initiative Program including, without limitation, the Use Restriction, Monitoring Services Agreement, the Deed Riders for the affordable units, and any provisions which may be required in the Association Documents relating to the affordable units, shall be provided by the Applicant to the Planning Board for review by Town Counsel.
22. The Applicant shall be responsible for the completion and submittal to the Town of a draft Local Initiative Units application per 760 CMR 45.03, and whatever modifications are necessary to insure that the units are included on the Statewide Inventory of Affordable Housing.
Construction Issues
23. Construction of the roadway, surface drainage, site grading, and all utilities shall be supervised by a registered professional engineer approved by the Planning Board in accordance with the inspection procedures established in the Planning Board Rules and Regulations.
24. Construction work at the site and deliveries to the site shall be limited to the hours of Monday through Saturday, 7:00 a.m. to 7:00 p.m. No construction activities which require the use of heavy equipment or which are otherwise noisy shall be conducted on Saturdays. No construction work shall be permitted on Sundays.
25. All staging areas including parking areas for construction labor shall be on site. No parking on Town ways in the vicinity of the site shall be permitted by any person associated with the construction of the project.
26. At project completion, the applicant's engineer shall certify in writing to the Planning Board and Building Commissioner that construction complies with the approved plans. This certification shall be accompanied by as-built plans, signed and stamped by a registered land surveyor and the supervising engineer.
Waivers:
The Planning Board voted individually on the following waivers from the Subdivision Rules and Regulations:
1. The Board VOTED to grant a waiver from Section 4.B. (4) (A) - The Regulations require the maximum length of a dead end road to be 800 feet. The combined length of both roads is 914 feet.
2. The Board VOTED to grant a waiver from Section 4.B.(4)(B) - The Regulations require the minimum roadway radius for a cul-de-sac to be fifty-five feet. The proposed project includes a roadway radius in the cul-de-sac of forty-five feet. The Regulations also require a landscaped island be placed in the center of the cul-de-sac. The proposed project does not include a landscaped island.
3. The Board VOTED to grant a waiver from Section 4.C.(3)(C) - The Regulations require catch basins to be located at the neck of a cul-de-sac that is pitched toward the open end of the road. The proposed project includes catch basins located approximately 100 feet from the neck of the western cul-de-sac. The catch basins are located at a street intersection rather than at the neck of the cul-de-sac.
4. The Board VOTED to grant a waiver from Section 4E. - The Regulations require Detention Basins to be constructed of natural earth with side slopes no greater than 25%. The Regulations also require that groundwater discharge through surface percolation be considered in sizing detention basins. The proposed detention basins have been designed with 3:1 slopes. One side of Detention Basin 1 has been designed as a retaining wall. Groundwater discharge through surface percolation was considered for purposes of sizing the detention basins.
RE: The Upper Crust, 73 South Street (formerly the Cinnamon Bear Café)
Site Plan Review for Parking Determination for take-out and eat-in restaurant
Present for the Applicant: Joshua Huggard (owner) and Patrick Hogan (architect/builder).
The applicant stated that they are requesting a Special Permits A-2 for a take out/eat in restaurant, as well as a parking waiver for a pizza restaurant at 73 South Street. The applicant indicated that the restaurant location was 875 sf in size, and that it will include a take out counter and four tables with a total of 16 seats. Based on their other locations, however, it appears that the bulk of the business will be take-out.
Ms. Lacy reported that there are no prior Special Permits for this location, which is strange, because would have been required for either take/out or sit down establishments. There is a record of correspondence with "From the Hart" requesting that they remove the café tables; however, Cinnamon Bear also had four café tables. The applicant reported that they will be open from 11:30 am-10:00 pm, and that most of their business happens in the evening.
Board discussion focused on parking, acknowledging that there was an identified problem with lack of parking in the Square. Using the procedure adopted by the ZBA for calculating parking requirements for the Square, 16 seats would require 5.3 parking spaces, which when reduced by 25% (per parking regulations for Business A) would be 4. Since the previous establishment seems to have had eight seats, the property would already be grandfathered with a parking waiver for two parking spots, leaving a requirement for 2 dedicated spots. This number could be further reduced by taking into account a potential shared parking analysis, since the surrounding businesses tend to be busiest during the day, and the restaurant would be busier at night. So, technically, the applicant was requesting a waiver from the requirement to provide two spots.
The applicant committed to requiring that his work force park in the municipal lot or further out of the Square.
Board members concluded that, despite the parking problems in the Square, that this seemed like a good business to bring to Town, and an appropriate location for the proposed use. They voted to send a favorable recommendation to the ZBA, and encouraged them to grant whatever relief was needed.
Ms. Corey joined the meeting at this point.
RE: Form A - 63 Rockland Street, Lucy Muzzi
This Form A is actually a duplicate of a Form A prepared in 1983, endorsed by the Planning Board and recorded at the Registry of Deeds. The new Form A is formatted and prepared for submittal to Land Court (this was never done in '83).
It was moved, seconded and SO VOTED, unanimously, by all present to endorse the Form A entitled, "Plan of Land on Rockland Street, Hingham, Mass.", dated July 7, 2004, prepared by Neil J. Murphy associates, Cohasset, MA for Anthony Muzzi, 37 Fountain Lane, Weymouth, MA, applicant and Lucy Muzzi, 63 Rockland Street, Hingham, MA, owner.
RE: Old/New Business
1. Minutes
It was moved, seconded, and SO VOTED, unanimously, by those present to approve the minutes of January 30, 2006.
2. David Chase - Preliminary Discussion of Flexible Residential Development, Chief Justice Cushing Highway
Mr. Chase came before the Board for a very preliminary discussion of a proposal to develop 15 acres of land that he owns between Rockwood Road and Route 3A. A conventional yield plan for the site indicated that 10 lots could be developed there. The preliminary proposal that he showed the Board included two market rate houses in individual lots, and five duplexes-either on individual lots or linked as a condo. He stated that he was hoping to develop these lots in accordance with the provisions of Section IV-D of the Zoning B-Law for Flexible Residential Developments.
Mr. Chase explained that at this point in time he cannot develop the land at all in that there is no access to sewer, and the land is too "ledgy" for septic systems. He stated that he had been approached by one of Selectmen to see whether the land could be used for the development of affordable or mixed income. He contacted the Hull Sewer Department and it appears that they have sufficient capacity to serve the development, but that it would require that Hingham and Hull modify their inter-municipal agreement, which requires the approval of the Selectmen. The Selectmen, in turn, told Mr. Chase to speak with the various permitting boards to see what they thought about the project.
Planning Board members told Mr. Chase that they would work with him after he had gotten the sewer issue straightened out, but that they were not going to take a position on whether the sewer should be extended or not. They noted that the Planning Board had traditionally not supported the extension of sewer in Town, but reiterated that this was a decision that the Selectmen had to make due to the larger ramifications for development in Town. Mr. Chase responded that his sense was that the more affordable units that he could provide, the more the Selectmen would be in favor of the project.
3. Vote to Release Bond for Brandon Woods
Ms. Lacy explained that the roadway was accepted at last year's Town Meeting. Since that time all of the items on the punch list generated by the Planning Board with the DPW and the Selectmen have been addressed. The Tripartite Agreement set up to secure the completion of the roadway is for $300,000. Planning Board Rules and Regs state that the Town reserves the right to hold 10% of the original bond for one year after final approval of the roadway. This roadway was accepted 10 months ago but signed off on by the Planning Board .
Having concluded that that the roadway has been completed to the satisfaction of the Board, it was moved, seconded, and SO VOTED, unanimously, by those present to release the applicant from the obligation to maintain the tripartite agreement having funds equal to $300,000 to secure the performance of work to be completed at said subdivision."
The meeting adjourned at 10:45 PM.
Respectfully submitted,
Katharine Lacy, Town Planner