Scheduled:
7:00 PM 36 Talbot Road Proposed 3-Lot Subdivision
8:00 PM South Shore Baptist Church, 20 Free Street Continuation of Public Hearing - Special Permit A-3: Parking Determination
9:00 PM 309 Whiting-Request for Lot Release
9:15 PM Viking Lane-Request for Extension to 8/1/07
Central Meeting Room North
Present: Planning Board Members, Susan Murphy, Chair, Paul Healey, Clerk, Tod McGrath and Judy Sneath. Also present was Planner Katharine Lacy.
Ms. Murphy opened the public meeting at 7:00 P.M. at the Hingham Town Hall.
RE: 36 Talbot Road Proposed 3-Lot Subdivision
Present for the applicant: Robert Devin, Attorney, and Al Trakimas engineer, SITEC.
Ms. Murphy started the meeting by stating that following material was requested and has not yet been submitted.
1. Title Information on 36 Talbot from Attorney Robert Devin and review by Hingham Town Counsel
2. Detailed grading plans showing a blow-up of the area adjacent to the Fee's driveway
3. Report from the Board of Health
Mr. Devin stated that he would provide the title information as soon as possible, and Al Trakimas noted that he had just received a draft plan showing the detailed grading around the Fee's property.
Ms. Lacy explained that plans were submitted to the Board of Health on April 21, but the applicant has not submitted the required $3,000 review fee so no review has taken place. The law states that the Board of Health has 45 days to review the plan, which expired at the beginning of June. The Board of Health, however, states that the application period had not yet begun, because the application without the fee was not complete.
Mr. Brogna identified the following five waivers that the applicant was requesting, as outlined in his letter dated June 26, 2006:
1. The proposed roadway construction will extend the length of Simmons more than 800'. The Planning Board Rules and Regulations state in Section 4, Design Standards, B (4) (a) that a dead-end street shall not be longer than 800' in length.
2. Hingham Zoning By-Law, Section 111-C Flood Plan and Watershed Protection District, paragraph 2.a. - "no building.shall be created." It would appear that the proposed location of the dwelling on Lot 1 falls within the 10' MSL contour. The applicant should review Lot 2 for this issue, as well.
3. Hingham Planning Board Rules and Regulations, Section 4, paragraph C (3) (b) "manhole inlet and outlet inverts shall be at the same elevation".
4. Hingham Planning Board Rules and Regulations, Section 4, paragraph D (Open Drainage Systems) "in no case shall side slopes in disturbed areas be greater than twenty-five (25) percent 4H:IV". It would appear that there are areas on the plans that exceed this 25%.
5. Hingham Planning Board Rules & Regulations, Section 4, paragraph C (3) (g) "Where the Planning Board determines that the public interest and the best interest of the Town and the subdivision will be served by extension of the drainage system outside the boundaries of the subdivision, the Planning Board may required the Applicant, at his own expense, to continue the layout and construction of the drainage system.". The extension of the Rice Road drainage system is the issue. The proposed extension of the piping at the end of Rice Road into a stone swale would require a waiver here.
Ms. Murphy asked the Board to consider, given the waivers that the applicant was requesting, whether they were willing to proceed with the hearing and hear the applicant's full presentation. Board members agreed to continue the hearing.
Al Trakimas provided an overview of the proposed roadway drainage, which would include traditional subsurface pipes leading to two catch basins at the throat of the cu-de sac. Water would flow from the basins into two Vortechnics units and through a series of stepped manholes, ultimately discharging at the wetlands below.
Roadwork would begin at the two existing catch basins on Simmons Road, where the applicant proposed to saw cut and match the existing pavement. The roadway would slope down to the west at approximately 8% grade, flattening out at the cul-de-sac to 3%. The cul-de-sac would be 120' in width.
A 4" water line would be hooked up to the existing 2" water line on Simmons Road. A new hydrant would be located in the cul-de-sac, serving this new portion of Simmons Road.
Mr. Trakimas said that they had looked into the possibility of looping the water line at Rice Road, but that Aquarion Water co. had indicated that this would not be possible.
Mr. Trakimas acknowledged that the project design included several side slopes which exceeded that maximum 2:1 slope. He pointed out, however, that if you just looked at the construction of the roadway, and not the adjacent lots, that the extent of excessive side slopes was greatly reduced. The actual house locations shown on the plans were conceptual in nature, when in fact they could be placed in other locations. Board members questioned the logic behind taking this approach towards the review of the project, and Mr. Devin responded that "you have to start somewhere" in terms of project approval. Paul Healey asked if this would mean that house foundations would have to be built into the fill put in place to create the elevation for the roadway. Mr. Trakimas responded that it might.
Paul Healey asked what the downside of the proposed "stepped manholes" would be in terms of the functionality of the drainage system. Al responded that this type of stepped system is common for sewer systems. Susan Murphy asked Paul Brogna to look into this and report back at the next meeting.
Al Trakimas finished up by stating that utility companies had all been contacted, and had provided their preliminary approval of the plans.
Judy Sneath asked whether the construction of the roadway would impact the single family lot owned by D'Allesandro on the south side of Simmons Road adjacent to the proposed subdivision. Mr. Trakimas responded that the grading for the roadway would cut into this property. Ms. Sneath expressed concern about the quality of the filled soil on that lot. Paul Brogna was instructed to look into industry standards for the type of soil permitted for side slopes.
Judy Sneath and Paul Healey asked why this lot was not part of the subdivision. Mr. Devin explained that it would be a legal Form A lot should the road be extended.
Tod McGrath asked about the quantity of fill that would be required to build this project. Mr. Trakimas responded that if the house lots were to be built it would require 7000 cubic yards of cut and 17000 cubic yards of fill. To bring in the fill would require 400-600 dump trucks of fill to be brought to the site. For just the roadway to be built it would require 2,300 cubic yards of cut, and 7,000 cubic yards of fill, or a net of 5,000 cubic yards of fill (200-400 dump trucks).
He explained that a staging area would be created to the dump trucks to turn around.
Susan Murphy pointed out that if houses were to be built on these lots they would require a variance from the height by-law in that the bottom of the basement slab would be more than five feet above the existing grade. She pointed out that subdivisions can be denied if they assume noncompliance with zoning. Tod McGrath asked why the developer would want to proceed with this project when they might only get to develop one lot. Susan Murphy asked if they could build the project without the waivers. Al Trakimas responded that it would be very difficult, but that it could be done using extensive retaining walls. Susan reiterated her concern about how the Fee's property would be impacted by the extension of Simmons Road, and pointed out that the Subdivision Control specifically states that new subdivisions linking to existing subdivisions cannot damage or harm the properties on the existing roadways.
Abutters expressed concern about the impacts of construction on the neighborhood during construction including truck traffic and noise, damage to a public way, disruption and removal of potentially toxic materials, and difficulty for emergency access.
The hearing was continued to July 24 at 8:00 PM.
RE: South Shore Baptist Church, 20 Free Street Continuation of Public Hearing - Special Permit A-3: Parking Determination
Present for the applicant: Robert Pomereine, Attorney and Brad Warner, President of the Board of Elders. This was a continuation of a hearing initiated on June 13, 2006.
The applicant is currently applying for a Special Permit A-3 (parking determination) in connection with a change of use of the property at 20 Free Street from a residence to church offices. The applicant is requesting 1) a determination under Section V-A that the applicant may provide all parking required for 20 Free Street at 578 Main Street, with the exception of handicapped access parking, and 2) a determination that the proposed use of the property at 20 Free will NOT intensify the church use (and thus the required parking for the property as a whole), as the church contests that the new office space will simply replace operations that will be housed at 20 Free are already in existence in the church and 3) approval of the Site Plan showing modifications to the property at 20 Free Street.
Ms. Murphy opened the hearing by noting that letters had been received by Pat MacAllen and Jim MacAllen expressing concern with the proposed use of 20 Free Street for church office use. Ms. Murphy also followed up with a report from Ms. Lacy regarding past Special Permits issued for the church indicating that there were no conflicts between the request currently before the Board and existing permits. She noted that the when the church received a parking determination in 1987 indicating that 150 parking spaces was sufficient, and that they now have 175 spaces. While the church population may have increased, in terms of how parking needs are required (by number of seats and square footage of office/classroom use) the church still complied with this original determination.
Brad Warner presented the revised site plan showing a pervious paved walkway located approximately 25' from the western property line, and vegetative screening on the western property boundary with the adjacent house. He explained that screening was not put in on the other side due to the presence of existing vegetation and the fact that the garage for the abutting property was located right on the property line blocking views. Mr. Warner reiterated that the use of the building did not represent an increase in the intensity of use at the church, but simply a relocation of uses from the church building to 20 Free Street.
Abutter Mary Ellen McCabe noted that she wanted screening along the entire length of her property.
At 8:45 Paul Healey made a motion to close the hearing, and vote to issue the Special Permit A3 with conditions. Tod McGrath seconded the motion and all approved.
The Board began deliberations on the proposed conditions to the permit. Board members agreed that the request for relief from the requirements of the parking by-law was appropriate, and that there was sufficient parking at the church to serve the uses that would be housed in the church and at 20 Free Street. They recognized that the use of the building did not represent an increase in the intensity of use at the church, but simply a relocation of uses from the church building to 20 Free Street.
Mr. Healey acknowledged that the path leading from the church to the house at 20 Free Street could represent an invasion of privacy for the neighbors by inviting the public into the traditionally private realm of backyards. Board members determined that additional screening should be provided on the west side of the property to screen the abutters at 22 Free Street.
Board members discussed the potential difficulties associated with enforcing many of the conditions proposed by the abutters associated with the use of the property during non-business hours and by groups of adults. Tod McGrath pointed out that the proposed building layout, consisting of small office spaces, did not seem conducive to group gatherings. Judy Sneath felt that placing too many constraints on uses would, in effect, turn the neighbors into "spies" having to check and determine whether the activity was permitted or not.
Mr. Warner reiterated that persons using the 20 Free Street building in the evenings and at all other times will be expected to respect the interests of neighbors, as would any good neighbor.
The Board voted to attach the following conditions to the Special Permit A-3:
1. A 4-foot path surfaced with a "nonpermanent", plowable surface such as brick or paving stones will be installed from the house at 20 Free Street to the main parking lot at 578 Main Street. The path will be located as shown on the Site Plan of the 20 Free Street property last revised 6/14/06.
2. Path lighting will be limited to low level lights located at ground level. Prior to installation, proposed walkway lighting will be reviewed by the Town Planner.
3. The intermittent porch light on the east side of the building illuminating the driveway will be replaced with a lower wattage fixture pointing downwards and away from abutting properties.
4. Vegetative screening shall be planted along the west property lines for approximately 150' from Free Street northward to a point parallel to the shed at 22 Free Street.
5. Parking at 20 Free Street will be limited to the one American Disabilities Act compliant parking space as shown on the plans. Parking will not be permitted on the grass lawn areas in front or in back of the building at 20 Free Street.
6. Use of the building at 20 Free Street will be limited to the following:
a. office and/or desk space for 4-7 Church pastors and staff for pastoral, clerical and administrative functions, space for pastors, staff, church officers and elders to meet with church members and other persons for Church business and ministry activities, and space for storage of supplies and other church property;
b. visits to pastors or other church staff by members of the congregation and other visitors including those inquiring about becoming involved with the church, for prayer, Bible reading, obtaining advice, mentoring and information, Biblical teaching, and other church-related purposes;
c. normal week-day business hours on Monday through Friday from 8:00 AM to 5:00 PM;
d. use at other times as needed on weekends and in the evenings for church office activities as described above, in particular pastors working on evenings or week ends studying or preparing sermons or meeting with people, and church pastors officers, staff and elders conducting church business and ministry activities, and making copies, retrieving files, and making phone calls.
7. There will be no indoor or outdoor infant, child or youth group activities at 20 Free Street.
8. The church will have an open door to the neighbors about any nuisance or disorder that may arise from the use of 20 Free Street, and will work with the neighbors and the Town to resolve any issues in a mutually agreeable manner.
9. Prior to the issuance of the building permit a revised Site Plan will be submitted to the Planning Board and Building Commissioner reflecting all applicable conditions identified herein.
The hearing was closed.
RE: 309 Whiting-Request for Lot Release
Mr. David Bowering came before the Board to request the release of the lot at 309 Whiting Street. The Board's consulting engineer, Paul Brogna, had inspected the site, and prepared a "cost to complete" indicating that a bond in the amount of $3,500 would be sufficient to cover the cost of completing the roadway plus contingencies.
It was moved, seconded and SO VOTED, to release Lot 2 (Land Court lots 3, 4 and 5) from the Subdivision at 309 Whiting Street, contingent upon the applicant posting a bond in the amount of $3,500.
RE: Viking Lane-Request for Extension to 8/1/07
Ms. Lacy requested that the Board postpone this vote until she get a better sense whether they have appropriately dealt with erosion control on the cleared site. Ms. Murphy asked how many times this project had been extended, and Ms. Lacy noted that it was approved in 2001. Ms. Murphy asked that Mr. Murphy to come before the Board at a meeting in the near future to discuss why the project has not been moving forward.
Unscheduled: Old/New Business
RE: Form A - 400 Cushing Street, Boston Golf
Jeffery Tocchio presented this Form A to the Board on behalf of applicant John Mineck.
This Form A would create a house lot within the Boston Golf Club. John Mineck has conferred with the Board of Appeals, and the creation of this new lot will require a modification to the Special Permit for Boston Golf. He will be held to this before a building permit is issued for the new house.
It was moved, seconded, and SO VOTED, to accept the Form A entitled, "Approval Not Required Plan of Land 400 Cushing Street Hingham, MA 02043", dated June 9, 2006, prepared by Coler and Colantonio, Inc., Norwell, MA, for John DeMatteo II, 405 Cochituate Road, Suite 203, Framingham, MA, owner and John Mineck, 289 Whiting Street, Hingham, MA, applicant.
RE: Review Proposed Minor Modification to Back River Condos
Ms. Hastings proposed a minor modification to the Back River Condos to the ZBA, and they requested that the Planning Board take a look to make sure that it would not require Site Plan Review. The change involved moving one unit from one 4-unit complex to an adjacent 3-unit complex. The Board confirmed that this was a minor modification, and that the ZBA should proceed with the request.
The meeting adjourned at 10:30 PM.
Respectfully submitted,
Katharine Lacy
Town Planner