Minutes November 13, 2006
Regular Meeting
Planning Board Agenda for Monday, November 13, 2006
Scheduled:
7:00 PM Meeting with representative from Harbor Development Committee to discuss proposed article relative to parking requirements for marinas
Unscheduled: Old/New Business
1. Sign Certificate of Action-Christina Estates Emergency Access
2. Outdoor Dining Downtown
3. Building Permit for Hewitts Cove Marina
4. Hingham Shipyard
ˇ Distribute application materials
ˇ Confirm hearing schedule
Central Meeting Room South
Present: Planning Board Members, Susan Murphy, Chair, Paul Healey, Clerk, Sarah Corey, and 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: Meeting with representative from Harbor Development Committee to discuss proposed article relative to parking requirements for marinas
Mr. Nick Amdur of the Harbor Development Committee came before the Board to discuss a proposed zoning article to change the off-street parking requirements for marinas. Currently, the By-law requires one parking space per slip. At a recent meeting the Planning Board had discussed cutting this requirement in half, to require only one space per two berths, and to provide clear definitions of a "marina" and a "berth" or "slip". Mr. Amdur suggested that this requirement be still further reduced to one parking space per five berths.
Mr. Amdur provided information about the size of the various marinas in Town, the type of permit that they had (10A vs. Chapter 91 license), and the number of moorings and slips at each marina. He provided anecdotal information about the amount of parking at various marinas as a justification for further reduction in required parking. His position on the zoning article was that demand for parking should consider slips and mooring jointly, as both require vehicles, and possibly trailer parking. He also noted that each of Hingham's current marinas present their own parking situations that need individual answers. Board members concurred with these points, and noted that the permitting process allowed for "tailor-made" solutions, but that there needed to be a baseline from which to start the calculations. In conclusion, Board members pointed out to Mr. Amdur that whatever zoning article was sent to the Selectmen for consideration, there would be plenty of opportunity to discuss and further modify such article in the course of the public hearings.
Board members asked Mr. Amdur many questions about how the waiting list worked for getting mooring permits from the Town, and the process for getting a "10A license" from the local Harbormaster under Chapter 91. The conversation shifted to the pending expiration of the Special Permit A3 issued by the Planning Board for 3 Otis Street in October, 2006. The Planning Board's Special Permit A3 includes a condition that the zoning relief will "expire on December 31, 2006, at which time continued operation of the boat slips on the premises will be in violation of the off-street parking requirements of the zoning by-law unless the required off-street parking is provided or further relief is granted." This expiration date was put in place with the thought that the Selectmen would have time to figure out some sort of policy for the use of Town-owned parking lots in the Harbor by private businesses such as Stars and Pirates Cove.
Tom Patch stated that the Town has not paid close enough attention to the issue of ownership of private tidelands in the inner harbor. He argued that some of the marinas such as Pirate Cove have their boat slips located on or over private tidelands which are actually owned by the Town. He also stated that the Town parking areas are "Article 97 land" which is limited by the state's constitution for use as public park land. Ms. Murphy responded that it would be a good idea to resolve all of these issues by hiring a qualified consultant to prepare a map or plan showing exactly who has jurisdiction over what. At that point the Town can determine whether they want to formalize lease or easement arrangements with private owners. She went on to say that if the Town parking areas are, indeed, Article 97 land, that the Town may have to approach the state legislature to resolve their use as parking area.
RE: Old/New Business
Discussion relative to request to create outdoor dining areas on the public sidewalk in the Square
Judy Sneath stated that Ed Brown (Snug) and Patty Kane (Square Café) are developing plans for outdoor dining on the sidewalks and/or in the Greenbush Right-of-Way, and they are planning to come before the Selectmen to hash out the details of using the public right-of-way for such a purpose. Bruce Rabuffo, Chairman of the Hingham Development and Industrial Committee, wanted to get the various permitting boards thinking about whether this would be possible in light of current regulations (i.e. parking requirements, health regulations, etc).
Planning Board members expressed concern that residents were just getting used to the new configuration of the Square, and that drivers might find the outdoor eating arrangements additionally distracting. They also noted that, if the outdoor dining was permitted in addition to permitted indoor seating, provisions for additional off-street parking would be required. Finally, they noted that there was a clear distinction between placing outdoor dining facilities on the Greenbush right-of-way, and on the sidewalk, and that the sidewalk presented far more regulatory obstacles.
Hewitts Cove Marina
Ms. Lacy reported that Sea Chain Marina had submitted a building permit for their new marina building at the Shipyard, and needed a sign-off from the Planning Board before the Building Commissioner would sign it. This 90,000 cubic foot structure was approved as part of the Mixed Use Special Permit for the redevelopment of the Hingham Shipyard granted by the Zoning Board of Appeals to Sea Chain LLC on May 12, 2003. As a part of the original approval process, the Zoning Board of Appeals authorized a significant reduction in required parking per Section IV-H.10.A which allows for shared parking for complementary uses. This approval was based, in large part, on the careful determination that the "proposed shared uses do not have coincident demands." At this point, however, the applicant has submitted an application for a major modification to the permit, seeking approvals for, among other things, "amendment of the plans and mix of uses under the Original Permit." In light of the fact that the mix of uses appears to be in flux, it is impossible to determine at this time whether the shared uses, including the marina uses, will not have coincident demand for parking
Ms. Murphy instructed Katy to write a letter to the ZBA and Building Commissioner that this application will require a re-examination by the Planning Board and the Zoning Board of Appeals of the shared parking arrangement. She pointed out that, ideally, the parking for the entire development has needs to be reviewed, and a revised shared parking plan needs to be developed prior to approval of individual buildings within the development.
Hingham Shipyard
Ms. Lacy provided the board members with copies of the application materials from Samuels and Roseland for the proposed modifications to the Mixed Use Special Permit for the Hingham Shipyard. The first joint hearing with the Zoning Board of Appeals is scheduled for November 30, 2006 at 7:00 PM.
Minutes
It was moved, seconded, and SO VOTED, unanimously, by those present to approve the minutes of October 30, 2006.
The next scheduled meeting is November 20, 2006.
The meeting was adjourned at 9:45 PM.
Respectfully submitted,
Katy Lacy
Town Planner