Scheduled:
7:00 PM Site Plan Review 3 Otis Street
8:00 PM Form A-Selectmen's Parcel
8:15 PM Form A -730 Main Street
8:30 PM Form A - 41 Hersey Street
8:45 PM Gardner Woods Definitive Subdivision - Request for Lot Release
Old/New Business
1. Vote on Rules and Regulations for Special Permits and Site Plan Review
2. Authorized Board Signatures for Registry of Deeds
3. Sign Certificate of Action for Stephens Way
4. Informal Discussion of Linden Ponds Building Permits
5. Summer Schedules
6. Construction/Enforcement Concerns: Ridgewood Crossing, Baker Hill
Central Meeting Room North
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Present: Planning Board Members, Susan Murphy, Chair, Paul Healey, Clerk, Sarah Corey,
Tod McGrath, Judy Sneath. Also present was Planner Katharine Lacy.
Ms. Murphy opened the public meeting at 7:10 P.M. at the Hingham Town Hall.
RE: Site Plan Review - 3 Otis Street
Present for the applicant: Jeffery Tocchio and Kelly McCarthy, Legal Counsel; John Perette; owner; Tammy DuRoss, owner Hingham Harbor Gallery.
The applicant is applying for a modification to the Special Permit A-2 for the Old Salt Building originally issued in 1984. At that time the applicant was granted a Special Permit A-2 for a marine retail use in Waterfront Business; relief from on-site parking requirements, and variances from setback and lot coverage requirements. The permitted uses for the building included a marine supply store on the ground floor and offices and storage spaces upstairs, and the applicant was required to provide 8 parking spaces. The current application would replace a portion of the area originally occupied by a chandlery (the "marine retail use").
Board discussion focused on the following issues:
a. What permits currently exist for the site and what is the status (compliance or non-compliance by the property owner) of conditions in the existing permits.
b. Current and proposed uses of the property, the intensity of those uses and whether those uses are properly authorized.
c. Whether the parking provided is sufficient to sustain the uses on the site.
The outcome was a request to the applicant's counsel that a memo be provided setting forth all existing permits (zoning, conservation and Chapter 91), what they permit and status of condition compliance for those permits [the conservation and Chapter 91 licenses are relevant because compliance with those permits is a condition of the 2004 ZBA permit]. The only other property owner in the harbor with such a permit is Tom Hastings, 26 Summer Street. He was required as part of his A2 special permit for his proposed building to demonstrate parking for the boat slips.
The Planning Board also made a decision that a special permit parking determination would be required because of the changes in uses on the site over time.
To summarize, the following information was gathered:
1. In 2002, "Finger" piers (or slips) were installed by Perette with a "10(a)" permit from the Harbor Master pursuant to M.G.L. Chapter 91. Katy Lacy, Town Planner, is checking to see if the Harbormaster has a written policy or procedure for the issuance of such permits. The Planning Board did not address the issue of whether the pier is in waters owned by the Town.
2. The public mooring field of the inner harbor. As we understand it, 13 moorings that were available to boat owners through the Town mooring permit process (subject to such permit holder hiring a harbormaster approved party to place the mooring in the harbor) were replaced with 38 slips use and rental of which is controlled by Mr. Perette.
3. Mr. Perette has provided information that despite this change from 13 to 38, he has not increased the intensity of use because the overall number of all boats in the harbor has not increased. This does not directly address the issue of whether the installation of 38 slips attached to his property, which he controls, is an increase in intensity of use on his parcel. Instead of 13 public moorings which he may or may not have been hired by permit holders to place in the harbor (there are 2 other approved parties that permit holders can hire), he now decides who uses the slips and he is paid for their rental.
4. The zoning by-law requires 1 space/berth for a marina. Mr. Perette does not provide any parking on his site for the marina use. All of the parking spaces on site (8 spaces) are required to satisfy the retail uses under a 1984 ZBA permit.
5. In 2004, Mr. Perette sought an A1 Special Permit for work in the flood plain to replace the anchors securing the pier system which leads out to the finger pier slips with wood or steel piles. The applicant stated the cost of the work as $18,000 (below the $20,000 threshold that would have triggered site plan review).
6. A partial transcript of the 2004 ZBA hearings shows that questions were raised that the work was being done to service the boat slips. However, ultimately the ZBA decided that the work contemplated was not an increase or extension of an existing marina or boat livery and that nothing was being done which would trigger a review of parking. It appears that there was no review by the ZBA in 2004 of issue of whether the 38 slips were added in 2002 without the provision of parking by Mr. Perette and if that constituted an existing zoning violation at the time the 2004 permit application was considered.
7. Mr. Perette also owns three commercial trucks and two trailers which he has been parking in the adjacent Town parking fields for many years. Due to recent complaints, he has been parking one or two of the trucks and the trailers in front of his store (across the striped parking area) when they are not is use. This is not a practice that can continue if retail uses are to operate in the building. Mr. Tocchio stated that Mr. Perette may be able to park his vehicles in Scituate but that has not yet been done to date.
8. The current and proposed uses on the site are as follows:
a. Marina and related services (38 slips with related services and services provided to other boat owners/moorings permit holders)
b. Maggie Merrill's office use on the 2nd floor [existing use]
c. Small chandlery on first floor [currently not in operation]
d. Art gallery/real estate office in remainder of first floor [proposed]
e. Misc. storage [on second floor]
For the uses in the 2600 s.f. building the ZBA, in 1984, required 8 parking spaces. It appears (although it is not spelled out in the ZBA decision) that 10 spaces would have to be required under zoning and a waiver of 2 spaces was granted. The internal use of the building has not been expanded (it is still 2600 s.f.) and all retail uses are treated the same for parking purposes under the by-law.
9. For the parking determination, the Planning Board must first decide if the retail uses (7b-e above) have sufficient parking with the 8 existing spaces (subject to reasonable conditions on operation of the retail uses, particularly the gallery) as allowed in prior permits. Next, the PB must determine what, if any, parking is required for the marine operation (i.e. owner's commercial vehicles) and the 38 boat slips controlled by the owner.
10. In addition, with respect to site plan review, the PB must determine the extent to which the applicant is or is not in compliance with conditions under existing permits, whether all existing conditions are still applicable and appropriate, and whether a new permit/site plan approval should be considered/granted based on any existing non-compliance issues.
RE: Form A-Selectmen's Parcel
This Form A will carve off 12.62 acres from School Tract IV to create a lot for the development of affordable housing per the 2005 Town Meeting vote. Jim O'Brien, chairman of the Housing Partnership, will be available to answer any questions about the parcel and the project in general.
Mr. O'Brien noted that this Form A needs to be revised to show an insert showing the entire parcel from which the housing parcel will be carved. Ms. Murphy expressed concern that the language on the Form A noting that the location of the entrance could be moved at a later date was not legal. She encouraged Mr. O'Brien to inform the surveyor to add some language that further modification to the plan would require a formal modification to the Form A.
RE: Form A -730 Main Street
This form A carves off the land to be purchased by the Town through the Community Preservation Committee. The remaining house lot is 40,000 s.f and complies with zoning.
Planning Board members expressed surprise that a portion of the land that they had thought was being purchased by the Town through the Community Preservation Committee was actually only shown as an easement to the Town, because this had not been discussed at Town Meeting. Apparently the easement was created so that the remaining house lot would include 40,000 sf and thus still comply with zoning requirements for the minimum lot size in Residence C where the parcel is located.
It was moved, seconded, and SO VOTED, to approve the Form A titled, " 730 Main Street (Tax Map 137, Lot 10) in Hingham, Massachusetts", dated May 10, 2006, prepared by McKenzie Engineering Group, Norwell, MA for the Town of Hingham, 210 Central Street, Hingham, MA, applicant and Anne Biviano, 730 Main Street, Hingham, MA, owner.
RE: Form A - 41 Hersey Street
This Form A will result in the conveyance of 254 sf of property located at 41 Hersey Street to an abutting property on Crowes Lane.
The Cavatortas at 41 Hersey Street are planning to sell their property in the near future, and they wanted to convey 254 s.f. of their property to their neighbor at 18 Crowes Lane, who has a garden located on the parcel in question. The new property line will continue as existing non-conformity (the garage is only 6.5 feet from the property line) but this is protected under the "Hatfeild amendment."
It was moved, seconded, and SO VOTED, to approve the Form A titled, "41 Hersey Street, Hingham, Massachusetts", dated May 19, 2006, prepared by Nantasket Survey Engineering, Hull, MA for Eugene Cavatorta, 41 Hersey Street, Hingham, MA, owner and applicant.
RE: Gardner Woods Definitive Subdivision - Request for Lot Release
Mr. Joe Kennedy and Ferd Lucas came before the Board to ask for a release of all four of the lots at Gardner Woods.
Paul Brogna presented a "cost to complete", noting the work already done, the work yet to be done and indicating that the Board should require a surety of $51,000 prior to lot releases.
It was moved, seconded and SO VOTED, to release lots 2,3, and 4 at Gardner Woods contingent upon the provision of a bond or other form of surety in the amount of $51,000 as described in the "cost to complete" prepared by Paul Brogna June 1, 2006.
RE: Old/New Business
1. It was moved, seconded and SO VOTED, to adopt the draft Rules and Regulations for Special Permits and Site Plan Review prepared by Ms. Lacy and dated June 5, 2006. These Rules and Regulations, which can be amended as needed in the future, will be filed with the Town Clerk and made available to the public.
2. The Board signed the "Authorized Board Signatures" for Registry of Deeds.
3. The Board signed the Certificate of Action for Stephens Way voted on at a previous meeting.
4. Mr. Healey resigned the Form A titled "Plan of Land East Street Hingham, Massachusetts", dated September 2, 1999, prepared by S.J. Siegl Jr., Norwell, MA for Allison Newcombe, 205 East Street, Hingham, applicant. At the time that the plan was originally signed in 1999, the wrong type of vellum was used. The owner did not bother to take the plan to the Registry until recently, when he learned that he needed to submit a vellum copy.
5. Informal discussion of pending Linden Ponds building permits, and recent complaints by abutters to Ridgewood Crossing.
The meeting adjourned at 11:00 PM.
Respectfully submitted,
Katharine Lacy
Town Planner