Minutes October 30, 2006
Regular Meeting
Planning Board Agenda for Monday, October 30, 2006
7:00PM Christina Estates at Baker Hill
1. Continuation of Public Hearing on Proposed Modification to the Emergency Access Drive and Bridge
2. Request for waiver for requirement for granite around cul-de-sac island at Hilltop Road
7:45 PM Hingham Shipyard - Discussion of treatment of utilities on Route 3A
8:30 PM Discussion of Proposed Zoning Articles for Consideration at 2008 Town Meeting
Unscheduled: Old/New Business
Form A: 209 Lazell Street
Central Meeting Room South
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: Christina Estates at Baker Hill
Present for the Applicant: Attorney Jeffery Tocchio and Paralegal Kelly McCarthy, Dave Gooley, Intoccia Construction, and Steve Silva, Coler and Colantonio.
1.Modification to the Emergency Access Drive and Bridge
Ms. Lacy noted that at the last hearing on October 16, 2006, the developer's engineer presented grading plans which addressed the abutter's concerns regarding drainage and the appearance of the emergency access bridge. At the end of the October 16 hearing the applicant's engineer, Steve Silva of Coler and Colantonio agreed to further modify the plans to better address the concerns of the two immediate abutters, and to respond to Nick Lanney's comments. Specifically, Mr. Silva suggested that the grading could be made more gradual, and the two abutting lots would look better, if the developer was allowed to grade outside of the access easement and on to the abutting properties. At the end of the meeting it appeared that the two abutters were satisfied with this proposal.
Since that time, Steve Silva of Coler and Colantonio provided revised plans to the Board and the abutters. Mr. Lanney reviewed these plans and made a few comments aimed at reducing the amount of drainage that would flow on to the emergency access drive from Baker Hill Drive, which were then incorporated into the final plans. In particular, he suggested that the drainage basins where Baker Hill Drive met the emergency access drive should be cleaned, opened up and made operational to prevent water from flowing from Baker Hill Drive towards Hilltop Road.
Paul Healey asked whether Nick had reviewed the final design for the bridge wing walls. Mr. Gooley responded that the design was completed, and that he would provide Nick with the plans for review prior to construction.
Attorney Walter Sullivan spoke on behalf of abutters Mr. and Mrs. King, Lot 20 Hilltop Road. He noted that the Kings had not had sufficient time to review the plans, and were concerned that, when built, it would cause bad drainage problems on their property. He noted that there were significant drainage problems during the heavy rains on the previous Saturday. Nick Lanney responded that, due to the pending paving of Hilltop Road, all of the catch basins had been raised, and subsequently were not functional during the storm. Ms. King provided the Board with photos of the puddling and high water on Hilltop Road.
Mr. Sullivan reiterated his concern that, once the road was built, it would be impossible to rebuild it if there were problems with the design. Ms. Murphy reassured him that the Board was holding a bond and thirteen lots as a security to ensure that the project was built correctly. She noted that it would be better to go ahead and build the bridge now, so that it could be evaluated next spring. If there were problems, the developer would have to pay to correct them.
Paul Healey asked Nick Lanney whether he felt that the proposed design would function properly when built, and Nick responded affirmatively. He noted that leaving the emergency roadway incomplete over the winter could potentially result in more harm to abutting properties, in that permanent erosion controls such as berms, swales and catch basins would not be in place when the spring rains came in 2007.
Mr. Healey asked that the developer continue to work with the abutters on whatever landscaping was needed to make their properties look attractive after the grading to construct the bridge was completed.
It was moved, seconded, and SO VOTED, unanimously, by those to present approve the proposed modifications to the design of the emergency access drive and bridge connecting Hilltop Road to Baker Hill Drive as shown on the plans entitled "Emergency Access Drive Plan, Christina Estates at Baker Hill" prepared by Coler and Colantonio, Engineers and Scientists, 101 Accord Park Drive, Norwell, MA 02061 for Intoccia Construction, dated October 4, 2006, revised October 23, 2006 and October 30, 2006 with the following conditions:
1. Plans for the wing walls will be provided to the Board's review engineer, Nicholas Lanney for approval prior to construction
2. Simultaneous with the final paving of Hilltop Road, and, in any case no later than November 15, 2006, the developer will clean and expose catch basins 28 and 29 on Baker Hill Drive, and install a Cape Cod Berm along Baker Hill Drive for a distance of 50 feet upslope from the basins to keep water within the roadway.
3. As soon as seasonally possible following the installation of the bridge, the developer will provide to the owners of Lot 15, Michael and Myra Leen, the following landscape improvements:
· Extend timber wall to meet property line at new height, move/reinstall aluminum fence after re-grading as necessary to match height, and grade of timber wall;
· Re-grade property as needed to meet final grade of bridge and access drive;
· Loam and seed southern corner of the lot as needed, including repair and reinstallation of irrigation system;
· Install evergreen and other plantings to screen the bridge to the satisfaction of the Leens;
· Replace all existing vegetation removed in the course of work (all vegetation installed, including new and replaced plants, shall have a one year warranty);
· Surface bridge wing walls facing with stone masonry to enhance appearance.
4. As soon as seasonally possible following the installation of the bridge, the developer will provide to the owners of Lot 20, Alice and James King, the following landscape improvements:
· Surface bridge wing walls with stone masonry to enhance appearance
· Provide and install 10 white pine trees, 5' to 8' in height at the time of planting, in locations as directed by the property owner to best screen the view of the emergency access bridge.
5. Following completion of the bridge and emergency access drive, the applicant will provide the Planning Board with a certified as-built plan stamped by a registered engineer or land surveyor.
2. Request for waiver for requirement for granite around cul-de-sac island at Hilltop Road
Mr. Tocchio asked, on behalf of the developer, if it would be possible to waive the requirement for granite curbing around the cul-de-sac, and use Cape Cod Berm instead. The Board indicated that they would not consider this modification, and Mr. Tocchio withdrew the request.
Ms. Corey joined the meeting at this time.
RE: Hingham Shipyard - Discussion of treatment of utilities on Route 3A
Present for the applicant: Paul Trendowicz and Joe Sugar, Sea Chain LLC, Richard Cook, BSC Engineers and Mike Roberts, Avalon Bay
The Applicant came before the Planning Board in response to concerns that the developer was not planning to comply with a condition in the Special Permit that "utilities on the North side of Lincoln Street be relocated underground." Selectmen John Riley had raised concern that instead of placing all of the utilities currently on the North side of 3A underground, only those serving the North side would be buried, and those serving the Southside above ground would be moved over to the south side, thus resulting in additional clutter on the south side. The developer met with the Selectmen last Tuesday and ended the hearing without resolution as to whether to pursue a zoning determination from the Building Commissioner.
Mr. Cook presented plans showing the current location of utilities, and where they would end up following the proposed relocation. In summary, twelve overhead crossings would be eliminated.
The Board asked many questions about exactly which wires would be moved and which would remain (cable, power, telephone, etc.). Mr. Trendowicz explained that at the start of the project they had originally assumed that the feeds on the North side of 3A all served the Shipyard. Over time however, the Hingham Light ran feeds over 3A to serve the businesses on the south side. These wires will be moved over to the South side at two locations, and then along the south side in a single feed. Additionally, street lighting for 3A would all be consolidated on the South side. He noted that the poles would be slightly larger to accommodate the additional weight of the lights.
Joe Sugar explained that the utilities for the Shipyard would be located underground within the Shipyard, approximately 100 back from 3A to the North. Therefore, to run the feeds underground to the South side would require a significant amount of excavation. Board members noted that it was unclear whether the benefits of placing all of the utilities underground and feeding them across 3A underground was worth the disruption. They asked the applicant to provide additional graphic information about exactly where wires would end up if the developer complied with the letter of the permit as desired by John Riley.
The Board agreed to meet for a site visit on Saturday, November 4 at 8:00 AM at the entrance to the Shipyard.
RE: Discussion of Proposed Zoning Articles for Consideration at 2008 Town Meeting
The Board reviewed several potential articles for consideration at the 2007 Town Meeting. In summary, these included:
1. Proposed Clean-Up Changes Relative to Special Permits and Site Plan Review
This article, which will be jointly sponsored by the Planning Board and the Zoning Permit Study Committee will result in multiple "clean up" changes to the Site Plan Review and Special Permit A3 portions of Section I of the Zoning By-Law.
2. At Section IV-D: Changes to Flexible Residential Development
This article would add setback and intensity requirements for units in condo developments, and add provision for guest parking.
3. At V-E Personal Wireless Services
This article, which is being put forth by the Selectmen, would modify the existing wireless by-law to permit the installation of DAS type wireless facilities on utility poles.
4. At Section V: Off Street Parking Requirements
The Board suggested amendments that would result in two modifications to the Town's off-street parking requirements:1)add guest parking requirements for multi-family residential projects and 2) Change parking requirement for Marinas by reducing the amount of parking required.
5. At Section III-H (Nonconforming Use)
The Zoning Permit Study Committee has discussed the possibility of modifying the non-conforming use provisions of the by-law. Jane Santossuosso put together a draft article as a starting point for discussion. It is unclear at this time whether the committee will pursue this.
6. Re-Zone Montessori School Parcel from Residential to Business B or Office Park
This is a potential petition article that would be brought forth by the owners of the Montessori School, who are considering relocating and selling the property.
7. Re-Zone Land on 3A near Shipyard from Business B/Industrial to Office Park.
This article is being discussed by the Zoning Permit Study Committee as a way to better plan for a control the future development of this area. It is unclear whether this article will be submitted at this time.
Mr. Tom Patch suggested another article that would permit the construction of 8' fences for properties adjacent to the Greenbush Line instead of 6' as restricted in the rest of Town due to the fact that the rail line itself is raised two feet from the surrounding ground plane. The Board acknowledged that this was a good idea and suggested that Mr. Patch submit this as a petition article.
The Board instructed Ms. Lacy to forward the following article including proposed changes to the Flexible Residential Development By-law to the Selectmen, and initiate the public hearing process.
ARTICLE : Amendments to Flexible Residential Development By-Law
Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:
Item 1: At Section IV-D, (9) Minimal Dimensional Requirements, after sub-section (a) insert new subparagraphs (b) and (c) as follows
b. In condominium developments or other such similar developments without individual lots or dedicated street rights of way, minimum dimensional requirements shall be as follows:
Maximum height: 2.5 stories or 35 feet.
Minimum frontage: 50 feet associated with each detached dwelling.
Minimum front yard: 15 feet to an implied lot line located 23 feet from the
centerline of the paved access road or drive.
Minimum distance between detached structures: 30 feet.
c. Parking shall be provided in garages and/or dedicated driveways, 2 spaces minimum per dwelling unit. At least 20 feet of depth shall be provided for parking in driveways, and in no case shall driveway parking spaces extend beyond the actual or implied front lot line. In addition, the Planning Board may, at its discretion, require dedicated guest parking areas within developments where building layouts or street design do not provide adequate on- or off-street guest parking.
Item 2: Re-letter existing sub-paragraph "b" to "d".
RE: Old/New Business
1. It was moved, seconded and SO VOTED, unanimously, by those present to endorse the Form A plan entitled, "Plan of Land 209 Lazell Street Hingham, Massachusetts", dated, October 19, 2006, prepared by Merrill Associates, Hanover, MA for Ann R. Healey, 209 Lazell Street, Hingham, MA, owner and applicant.
2. Chapter 205 of the Acts of 2006-"Expedited Permitting Act": The Board reviewed Section 11, which is a local option statute establishing expedited permitting procedures. There was no interest in pursuing this on the part of the Board.
3. Ms. Murphy noted that the Board would be having a joint hearing with the ZBA on November 30 to consider the proposed modifications to the Roseland portion of the Shipyard.
4. It was moved, seconded and SO VOTED, unanimously, by those present to approve the minutes of October 16, 2006.
The meeting was adjourned at 10:30 PM.
Respectfully submitted,
Katharine Lacy
Town Planner