Scheduled:
7:00 PM Continuation of Public Hearings on Proposed Amendments to the Zoning By-Law
8:30 PM Special Permit A-2 South Shore Educational Collaborative
9:00 PM Preliminary Discussion of Conversion of Tosca Café to
Commercial/Residential Building
9:30 PM Christina Estates-Update and Request for Continuation
Old/New Business
Central Meeting Room South
Present: Planning Board Members, Susan Murphy, Clerk, Paul Healey, Sarah Corey, and Tod McGrath. Also present was Planner Katharine Lacy.
Ms. Murphy opened the public meeting at 7:13 P.M. at the Hingham Town Hall.
RE: Continuation of Hearings on Proposed Amendments to the Zoning By-Law
1. Article to Re-Zone former parcel 144 from Residence A to Official and Open Space
Charles Cristello, Town Administrator, spoke on behalf of the Board of Selectmen, who submitted this article. Also present was Jerry Seelen, Advisory Committee Liaison to the Planning Board for this article.
The Hersey House and associated property, which also includes a large separate barn and which is identified as Key 143 and Key 144 on Assessor's Map 60, were given to the Town by Ira Hersey in 1946 and accepted at the Annual Town Meeting in 1948. The total combined area of the two parcels is approximately 4.4. acres.
Article 40 at the 1997 Town Meeting, authorized the Selectmen to sell, lease, or otherwise dispose of the property and house so that the proceeds could be used to offset the cost of the new Town Hall. The Selectmen issued an RFP for the sale of the property, but the smaller parcel (.87 acres), formerly Key 144 on Assessor's Map 60, was not included in the RFP and in the Bids received in response to the RFP. Subsequent to the receipt of bids in response to the RFP, the sale of the property has been delayed by litigation.
The smaller parcel is land-locked, and it is currently zoned Official and Open Space, along with the remainder of the Hersey House property. Citizens of the Town have expressed an interest in saving the barn through relocation from its existing site on the main Hersey House parcel and ultimate restoration or reconstruction. It is possible that if the smaller parcel were sold and were subsequently re-zoned to the Residence A district, that the existing barn could be relocated to this parcel; conversely, neither the barn nor any other structure could be located on this parcel if it were to remain in the Official and Open Space district, due to the setback requirements associated with this district. The intention of the Board of Selectmen is that this parcel either become the home for the relocated and restored Hersey House barn, or remain undeveloped open space.
This article would authorize the Selectmen to dispose of the land locked parcel of land (Key 144) via an RFP process. The article would also require the re-zoning of the parcel from Official and Open Space to Residence A District, the same as the zoning of the privately owned property that abuts the parcel on three contiguous sides. The new owner of the parcel could use the land for the installation of the relocated Hersey House barn, including all required utilities, subject to the Town's applicable regulations and restrictions, or the new owner could keep the land in an undeveloped state. Passage of this article is also likely to help to end the litigation that has delayed the sale and redevelopment of the main Heresy House property.
Planning Board members noted that the article as currently written is perfectly legal, but it is questionable whether rezoning the parcel is in the best interests of the Town. Ms. Murphy has pointed out that McDowell owns sufficient property to place the barn elsewhere. There are also issues relative to the fact that the barn is now located in a Local Historic District, and could not be moved out without a hearing and significant relief from the HDC. Finally, even though there is a deed restriction limiting the use of the parcel to open space (or a location for the barn) this would expire in 30 years, and the MacDowell property would consist of an uninterrupted swath of Residence A property extending from Lincoln Street through to North Street.
Mr. MacDowell and his attorney James Galvin reassured the Board that they had every intent of restricting the future development of this property in any way possible
Andrea Young, of the Historic Districts Commission, pointed out that if the building were to be moved out of the Historic District it would be placed under a preservation restriction, which would also apply to the land on which it was placed.
Mr. Cristello agreed to consult with Town Counsel to see how the article could be "tightened up" to ensure perpetual preservation of the parcel.
Board Members voted to give a positive recommendation to the article, contingent upon review of whatever provisions were added to the zoning article to restrict future development of the property.
2. Article to Modify Process for Special Permits A-2
Board members continued discussion on this topic. They discussed the pros and cons of binding Site Plan Review vs. shifting the Special Permit Granting Authority to the Planning Board, and explained how the Board had ended up recommending the latter.
Members of the audience engaged the Board in lengthy discussion of growth in Hingham, and asked many questions about the permitting process.
Mr. Alec MacMillion proposed an article to create a study committee to look at this matter further over the next twelve months and return to Town Meeting with a different recommendation.
Advisory Committee Liaison Lou Alvadaro suggested that the Boar adopt a "compromise measure" that would give the Planning Board binding site plan review, but allow the ZBA to also conduct Site Plan Review and add additional requirements.
Susan Murphy responded that the dual review process created significant confusion, and resulted in conflicts between the two boards. She urged the Advisory Committee to acknowledge that clearly dividing and defining roles between the two boards was the only way that involving both boards in the Special Permit Granting process would work.
Board members voted to send the article shifting the Special Permit Granting Authority to Betty Foley for inclusion in the warrant.
RE: Special Permit A-2 South Shore Educational Collaborative, 40 Pond Park Rd
Present on behalf of the applicant: Jerry Seelen, Architect, and Jeff Tocchio, Attorney, and Dr. Michael Savage, SESCO. The applicant, South Shore Educational Collaborative, Inc. is requesting a Special Permit A-2 (Parking Determination) for the conversion of a 19,200 s.f. building in the Industrial Park from commercial/industrial use to a daycare/educational facility for young adults with physical and mental handicaps and special needs. The building complies with all lot coverage and setback requirements.
It was moved, seconded, and SO VOTED, unanimously, by those present to recommend that the Zoning Board of Appeals approve the project as shown on the plans submitted. The Board also authorized Ms. Lacy to sign off on the building permit application when it was submitted.
RE: Preliminary Discussion of Conversion of Tosca Café to Commercial/Residential Building
Ed Kane and Greg Acera, owners, Jeff Tocchio, Attorney, and Jerry Seelen, Architect, came before the Board for a preliminary discussion of their plans for the construction of a commercial/residential building on the site of Tosca Café at 15 North Street. The three-story, brick building would include 16 residential units, with shops and interior parking on the ground floor. The building would be permitted as a "commercial/residential building" under the provisions of Section III-G of the Zoning By-Law (Downtown Overlay District).
Board members and members of the audience expressed mixed reactions to the building, noting that it seemed a bit large for the site, but that it was basically attractive. Residents of Cottage Street expressed concern about traffic and turning visibility at the intersection of North and Cottage. The applicants pointed out that the project would be subject to scrutiny by the Historic Districts Commission, and would require a Special Permit A-2.
RE: Christina Estates-Update and Request for Continuation
Ms. Corey was not present for this portion of the hearing.
Jeffrey Tocchio, Attorney, appeared on behalf of Intoccia Builders to request an extension of the Subdivision Approval for Christina Estates, which expired on March 1, 2006. Ms. Lacy noted that Intoccia Builders had recently provided a large check for the Project Inspector, and had no outstanding balance.
It was moved, seconded, and SO VOTED, unanimously, by those present to extend the project approval period to March 1, 2007.
RE: Old/New Business
It was moved, seconded and SO VOTED, unanimously, by those present to accept the minutes of March 1, 2006 and March 6, 2006.
The Meeting was adjourned at 11:10 PM.
Respectfully submitted,
Katharine Lacy
Town Planner