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Minutes November 20, 2006
Regular Meeting
Planning Board Agenda for Monday, November 20, 2006

 

Minutes                November 20, 2006
Regular Meeting

Planning Board Agenda for Monday, November 20, 2006
7:00 PM  Faith Burbank - Overview of Weir River Land Protection Plan
7:30 PM Discussion of relocation of utilities on Route 3A at Hingham Shipyard-cancelled 
Old/New Business
1. Back River-Minor Modification relative to treatment of boundary with Beals Cove  Condominium
2. Review Planning Board zoning articles for submission to Selectmen
3. Review proposed alternatives for West/Beal/Fort Hill intersection
Central Meeting Room North
         ____________________
Present: Planning Board Members, Susan Murphy, Chair, Paul Healey, Clerk, Sarah Corey,
Tod McGrath and Judy Sneath.  Also present was Planner Katharine Lacy.

Mr. Healey opened the public meeting at 7:10 P.M. at the Hingham Town Hall.

RE:  Faith Burbank - Overview of Weir River Land Protection Plan

Faith Burbank provided a brief overview of the findings and recommendations of the Weir River Estuary Land Protection Plan, a planning study recently prepared by the Weir River Estuary Park Committee, which includes representatives from Hull, Hingham and Cohasset, the three towns abutting the Weir River.  The study examines the various techniques for land protection, including acquisition, easement dedication, education and outreach, with the goal of protecting all remaining undeveloped land adjacent to the Weir River.

Ms. Burbank described the ecological, geological, environmental and aesthetic significance of the Estuary. She then asked for the Planning Board's endorsement of the plan. Board members asked what such an endorsement would mean and she explained that the goal was to get the findings of the report on to the "radar screens" of land use boards as they reviewed projects and developed planning recommendations. Board members asked about specific land protection measures included in the plan, and Ms. Burbank mentioned rezoning, limitation of infrastructure and land preservation. Board members noted that, while they agreed with the goals of the plan, that their ability to move it forward in a concrete way was somewhat limited by the scope of their jurisdiction. Several Board members noted that they had not yet had time to fully review the report, and noted that they wanted hold off on a formal endorsement until they could do so. The Board thanked Ms. Burbank and the Weir River Committee for all of their hard work.

RE:  Back River-Minor Modification relative to treatment of boundary with Beals Cove Condominium

Attorney Bruce Issadore came before the Board on behalf of Thomas Hastings to request a modification to the Special Permit for the Back River Condominiums to allow for side slope grading onto the abutting property of Beal's Cove. Mr. Hastings has submitted a landscaping plan for the graded slope, as well as a signed agreement with the Beals Cove Condo Association. The ZBA considered the matter last Thursday (a few abutters were present) and gave their approval for the proposed change contingent on whatever conditions identified by the Planning Board.

Board members discussed the potential problems with installing plan materials so late in the fall. Charlotte Krouner, a resident in Building 20, stated that she would be comfortable with having the plants installed next spring if the slope could be stabilized over the winter. She noted that her main concern was that 1) Mr. Hastings be held to the agreement to implement the planning plan, and 2) that some guarantees on the plant material (1-2 year replacement guaranty form the nursery, for example) be put in place.

It was moved, seconded, and SO VOTED, unanimously, by those present to approve the Site Plan modification with the following conditions, which shall be incorporated into a written special permit modification to be issued by the Zoning Board of Appeals:

1. The applicant will install all plantings as shown on the landscape plan prepared by Daniel C. Orwig, R.L.A. and attached as Exhibit B to the Grading and Easement Agreement  between Beals Cove Village Condominium Trust and Back River LLC, dated October 18,  2006.

2. Notwithstanding any provision of the Grading and Easement Agreement to the contrary, the applicant will be responsible for the maintenance and replacement (as needed) of all plant material installed pursuant to condition 1 above for a period of two years after installation.

3. No building permit for the Back River development shall be issued until:

A. The applicant provides to the Planning Board and the Planning Board approves a plan showing the relocation of the pre-existing drainage swale on the western boundary of the Beals Cove Condominium which is displaced by the graded slope and the maintenance of the invert elevation into such swale, along with written documentation from a licensed civil engineer certifying that the relocated and reconstructed swale will maintain or improve the functionality of the existing Beals Cove stormwater management facility.

B. The applicant completes the construction of the above-mentioned swale in accordance with an approved plan.

Zoning Articles

It was moved, seconded and SO VOTED, unanimously, by those present to submit the following articles to the Selectmen to review:

ARTICLE A: Amendments to Section V-A, Off Street Parking
ARTICLE B: Amendments to Section IV-E, Multi-Family Housing (Parking Requirements)
ARTICLE C:  Changes to Flexible Residential Development (FRD) By-Law
ARTICLE D: Site Plan Review Clean-Up

Board members had reviewed text of each of the articles at recent meetings. Ms. Murphy noted that there were still a few corrections and revisions needed for each of the articles, but that she would work with Katy to ensure that they were delivered to the Selectmen for the December 1 deadline.

Ms. Lacy noted that the Board had already received the article from the Selectmen regarding the LAN wireless network. Ms. Murphy explained that there were potentially two additional articles that might be coming out of the Zoning Study Committee. The first would be to rezone the area on 3A across the Shipyard that is currently zoned Industrial to Office Park. Additionally, the committee is discussing an article that would change the process for enforcing zoning violations to allow for a non-criminal process in accordance with Massachusetts General Laws Section 21D. Currently this process is spelled out in Section I-C of the Zoning By-law for violations of the sign by-law, but not for other types of violations.

There is no language for these articles yet, but the thought is that they would be submitted jointly by the Planning Board and the Committee. The Committee is meeting next on Wednesday, November 29, and the Planning Board has a very full hearing on the 30th, so the thought is to get the Planning Board's approval to submit such article tonight, and let the committee do the leg-work of sending up the draft articles by December 1.

3. Review proposed alternatives for West/Beal/Fort Hill intersection

Board members reviewed the alternatives proposed by Jeff Dirk of VAI for the West/Beal/Fort Hill intersection. This intersection was originally included in the larger Beal Street Corridor Study, which will identify long-term improvements for this area, but the MBTA has now committed to reconstructing this intersection as a part of the Greenbush project in the near future. Jeff Dirk has developed 4-5 alternatives, and has recommended 2 of these, 2A and 2B, as "preferred". 2A would allow full turning for school buses and the Quint; option 2B would also allow an 18-wheel tractor trailer to make the turn. Ms. Lacy reported that although the plans show the use of raised crosswalks, Roger has suggested that the Town hold off on the use of these for a year or so, and install them later if needed.

Board members looked at alternative 2B and asked why there was no stop sign on Beal Street to allow for left turns from North to West, or right hand turns from North to Beal, expressing concern that it would be virtually impossible to go right or left around the island at rush hour when train and boat traffic was streaming down West and Beal.  Ms. Lacy stated that perhaps this scheme relied on the signal at South Street (and later at WB Terry) to create "gaps" for left and right hand turns from North. The other possibility was that the intent was to strongly discourage cut-thru traffic from Downtown to North Street. Ms. Lacy said that she would consult with Roger and Jeff Dirk to get an explanation.

The meeting was adjourned at 9:35 PM.

Respectfully submitted,

Katharine Lacy
Town Planner