Scheduled:
7:30 P.M. Meeting with Sewer Commission on Flexible Residential Development Proposal In Weir River Sewer District
8:15 P.M. Continuation of Public Hearings on Amendments to the Zoning By-Law Relative to Special Permits A-2
Unscheduled: Old/New Business
Central Meeting Room South
Present: Planning Board Members, Susan Murphy, Clerk, Sarah Corey, and Tod McGrath. Also present was Planner Katharine Lacy.
Ms. Murphy opened the public meeting at 7:30 P.M. at the Hingham Town Hall.
RE: Meeting with Sewer Commission on Flexible Residential Development Proposal In Weir River Sewer District
The three members of the Planning Board present met with the three members of the Sewer Commission at the request of the Sewer Commission to discuss a request from developer David Chase to extend the Weir River Sewer District to provide sewerage for a proposed project on his property on 3A. The project entailed the construction of a total of nine units, including 2 priced for low and moderate-income households. In addition, a single lot located directly on Route 3A, would be given to Habitat for Humanity for the construction of a single household.
Planning Board members started the meeting off by asking the Commissioners a variety of questions about the boundaries of the various sewer districts, how they were created, and what criteria was used for expanding such districts. Mr. Brandt explained that the primary goal of creating the Weir River Sewer District was to address environmental problems in the Weir River stemming from failing septic systems in and around the Weir River. The inter-municipal agreement between Hingham and Hull provided Hingham with a limited amount of new sewer capacity to serve the needs of existing homes, and build able lots reserved with a hook-up fee of $12,000. It was not intended to serve new development. That said, there was some excess capacity built into the system, and this was what Mr. Chase was requesting. John Brandt reiterated that there was very limited excess capacity (enough for about 20 new homes) in total, so he did not anticipate many additional requests.
John Brandt, Chairman of the Sewer Commission, had provided the Board with a copy of Mr. Chase's proposal, along with a list of the "Criteria for Considering Additional Property Connections into the Weir River Sewer District". Criteria #2 states that one of the criteria for determining whether a project should be connected is whether it benefits the "public good". Mr. Chase's application made the case that because the project provided affordable housing, it met this criteria. The Sewer Commission wanted input from the Planning Board on how many affordable units were generally required for Flexible Residential Development (FRD), or for a 40B Comprehensive Permit. They also asked questions about how many units that Town held on the Subsidized Housing Inventory.
Susan and Tod explained the difference between the FRD and 40B permits, and provided a general overview of the Town's position visa-vis affordable housing. Board members debated whether this amount of affordable housing would, in fact, represent a contribution the public good. Sarah Corey expressed the opinion that despite the inclusion of the affordable units, that in her mind it would better serve the public good to leave the land undeveloped.
Board members thanked the Sewer Commission for the discussion and information, but stated that they would like some time to think about the issue. Mr. Chase asked the Board if they would like to see the plans for the site, and the Board concurred, but noted that their comments were immaterial until such time that the Sewer Commission had made their determination and a formal development application had been filed.
RE: Continuation of Public Hearings on Amendments to the Zoning By-Law Relative to Special Permits A-2
The Board continued their discussion of proposed amendments to the Special Permit A2 process. Susan Murphy reported on several changes suggested by Joe Bierworth of the Advisory Committee aimed at clarifying the article. At the end of the meeting, the Board decided to submit the following amended motion to the Advisory Committee. However, if it did not receive an affirmative vote, the Planning Board would go back to the original article as written in the warrant, which was to transfer the Special Permit Granting Authority for Special Permits A2 from the Planning Board to the ZBA.
ARTICLE
Will the Town of Hingham amend Section I of the Zoning-Bylaw of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:
Item 1: Delete Section I-G and Section I-H in their entirety and replace therefore the following:
"I-G Special Permits with Site Plan Review
Site plan review is required for all Special Permits designated A2 and A3 in this By-Law or any modifications of a Special Permit A-2 or A-3. Such site plan review is conducted by the Planning Board in accordance with Section I-I.
I-H Building Permits with Site Plan Review
All building permit applications for work subject to Special Requirement 6 of Section IV-B shall first be submitted to the Planning Board and shall be subject to site plan review. 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."
Item 2: In Section I-I insert after subsection 2 the following new subsection 3 and subsection 4 as set forth below and renumber the previous subsection 3 as subsection 5:
3. Procedures
Applicants for site plan approval shall submit five (5) copies of the site plan to the Planning Board for review, and shall at the same time also submit a copy of the site plan to the Board of Health, Building Commissioner, Conservation Commission, Department of Public Works, Fire Department and Police Department for their advisory review and comments. Notice of a site plan review hearing in connection with any application also requiring a Special Permit A2 from the Board of Appeals shall be given in accordance with M.G.L. c. 40A, § 11. The Planning Board shall review and act upon the site plan, with such conditions as may be deemed appropriate, within sixty (60) days of its receipt if public notice is required and forty-five (45) days in all other cases, and notify the applicant of its decision. The decision of the Planning Board shall be upon a majority of those present and shall be in writing. No building permit or certificate of occupancy shall be issued by the Building Commissioner without the written approval of the site plan by the Planning Board, or unless 60 days or 45 days, as applicable, lapse from the date of the submittal of the site plan without action by the Planning Board.
a. Application for Building Permit. An application for a building permit to perform work as set forth in Special Requirement 6 of Section IV-B shall be accompanied by an approved site plan.
b. Application for Special Permit A2. An application for a Special Permit A2 or any modification of a Special Permit A2 shall be accompanied by an approved site plan; in the alternative, any Special Permit A2 or modification of a Special Permit A2 granted by the Board of Appeals shall contain the following condition: "The work described herein requires the approval of a site plan by the Planning Board pursuant to Section I-I of the Zoning By-Law. Any conditions imposed in such site plan approval shall also be conditions of this special permit."
c. Where the Planning Board approves a site plan with conditions, and said approved site plan accompanies a Special Permit A2 application or modification of a Special Permit A2 to the Board of Appeals, the conditions imposed by the Planning Board shall be incorporated into the issuance, if any, of a Special Permit A2 by the Board of Appeals. The Board of Appeals may add additional conditions to the issuance of a special permit, but may not remove or modify the conditions issued by the Planning Board, except in accordance with subsection 3.f. below.
d. Application for Special Permit A3. Where the Planning Board serves as the special permit granting authority for proposed work, it shall consolidate its site plan review and special permit procedures.
e. The applicant may request, and the Planning Board may grant by majority vote, an extension of the time limits set forth herein.
f. No deviation from an approved site plan shall be permitted without written approval of such modification by the Planning Board. If a deviation is deemed by the Planning Board to be a major modification from the previously approved site plan, the Planning Board may require compliance with notification provisions of this Section 3.
4. Pre-Application Submittal
Applicants are invited to submit a pre-application sketch of the proposed project to the Planning Board and to schedule a comment period at a regular meeting of the Planning Board.
Item 3. Insert after the newly renumbered subsection 5 a new subsection 6 as set forth below and renumber the previous subsection 4 as subsection 7:
"6. Waiver of Technical Compliance
The Planning Board may, upon written request of the applicant, waive any of the requirements of this Section, including the requirement for a public hearing, where the Planning Board determines the project constitutes a minor site plan. The proposed work must be limited to interior, non-structural renovations to a building or structure which do not include a change of use for which a Special Permit A2 or A3 is required and/or which do not require a change in the parking or drainage on the site in order to constitute a minor site plan."
Item 4. Rename the newly renumbered subsection 7 as "Review Standards and Approval" and delete the first sentence thereof in its entirety and replace therefore the following:
"Site Plan approval shall be granted upon determination by the Planning Board that the plan meets the objectives of this Section 7. In reviewing each such application the Planning Board 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. The Planning Board may impose reasonable conditions at the expense of the applicant, including performance guarantees, to promote these objectives.
The Planning Board 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. This limitation shall be imposed upon the proposed development regardless of the intensity of development otherwise permitted by this Zoning Bylaw.
In conducting a site plan review, the Planning Board shall consider the following:"
Item 5. In newly renumbered subsection 7, make the following changes:
(a) in paragraph a, delete the word "seriously";
(b) in paragraph f, after the word "resources" add: ", including, without limitation, water supply, wastewater facilities, energy and public works and public safety resources;"
(c) delete the word "and" at the end of paragraph g;
(d) in paragraph h, after the word "features" add: ", including minimizing: the volume of cut and fill, the number of removed trees of 6" caliper or larger, the removal of stone walls, and the obstruction of scenic views from publicly accessible locations; and"
(e) add after paragraph h, the following new paragraph i:
"i. minimize unreasonable departure from the character and scale of buildings in the vicinity or as previously existing on or approved for the site."
Item 6. After subsection 7 insert the following subsections 8 and 9 as follows:
"8. Lapse
Site plan approval shall lapse after one year from the grant thereof if a substantial construction or use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the Planning Board upon the written request of the applicant.
9. Regulations
The Planning Board may adopt and from time to time amend reasonable regulations for the administration of this Section I-I.
Item 7: At Section V-A Off-Street Parking Requirements:
(a) Replace the term "Board of Appeals" with the term "Planning Board" wherever it appears;
(b) In subsections 1 and 3, replace the term "Special Permit A2" with the term "Special Permit A3";
(c) In subsection 2, above the "Notes", replace the phrase "parking requirements shall be determined by Special Permit A2" with the phrase "parking requirements shall be determined by Special Permit A3";
(d) In subsection 4, change the term "Special Permit A2" to "Special Permit A2 or A3"; and
(e) In the last paragraph of subsection 5, change the term "appropriate board" to "Planning Board".
The meeting adjourned at 10:05 P.M.
Respectfully submitted,
Katharine Lacy
Town Planner