Minutes December 4, 2006
Regular Meeting
Planning Board Agenda for Monday, December 4, 2006
Scheduled:
7:00 PM 3 Otis Street - Request to Extend Parking Waiver
7:45 PM Sea Chain, LLC - Relocation of Utilities on 3A
Unscheduled: Old/New Business
Minutes/Bills
Ridgewood Crossing Request for Extension to Completion Date
Central Meeting Room North
Present: Planning Board Members, Susan Murphy, Chair, Paul Healey, Clerk, Sarah Corey, 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: 3 Otis Street - Request to Extend Parking Waiver
Present for the Applicant: Jeffery Tocchio, Attorney.
Ms. Murphy explained that the Board issued a Special Permit (parking waiver) on October 10, 2006 allowing relief from the requirement to provide 38 parking spaces for the 38 boat slips as required by the Zoning By-law. This Special Permit will expire on December 31, 2006. The Planning Board put this short time frame into the permit in light of the fact that the Selectmen were preparing to embark on an in-depth study of how to handle parking in the harbor area. At this point, however, this effort has not been initiated. At a recent meeting of the Selectmen, they voted to recommend that the Planning Board continue this waiver for another year while they continue to study the matter of how Town-owned parking in the harbor should be handled.
Board members noted that, while they did not want this waiver to seem like a long-term variance, which the board is not permitted to issue, that they understood that developing a policy for utilizing the town-owned lots in the harbor could be a lengthy process. They also understood that there were boat owners who were looking for resolution to this issue before it was too late to secure mooring space for the next year. Ms. Murphy referred to a memo she had written to the Selectmen identifying all of the various issues that needed to be resolved, including ownership of tidelands, the legal status of the bathing beach parking area (which is Chapter 97 Land) etc. noting that all of these issues needed to be resolved, and that it would take a certain amount of time. She also noted that the Board should include language in the permit indicating that the waiver would not be extended again, lest it might be seen as a permanent variance.
Tom Patch expressed concern that, by granting the waiver, the Town was continuing to effectively support a private business by providing parking and tidelands. He noted that it was important for the Board to take a stand or the pattern would not stop. He noted that the property was being sold, and that the next buyer would assume that they would enjoy similar relief. He encouraged the Board to seek mitigation for the use of Town property. Mr. Clark reiterated these points, also noting that it seemed unfair that the parking required for the various marinas in town were different.
Ms. Lacy provided photos showing that the applicant seems to have stopped storing large pieces of equipment in the customer parking area. They have also installed what appears to be temporary directional signage. In terms of the "public access" walkway, however, there are still buoys and anchors back there, though they have cleared a 5-7 foot narrow strip over which one person could pass. Mr. Tocchio showed another photo that indicated that there was at least five feet cleared.
Mr. Patch asked what, if anything, the Town was getting in return from Mr. Perette for the use of the Town parking area. Ms. Murphy responded that the Board was aware of this issue and that it was the aim of the Selectmen to resolve this issue through the creation of a study committee to develop a Town policy on the use of the Town-owned parking in the harbor. He also noted that the assertions of the applicant that there was sufficient parking needed to be more closely examined, along with the impacts of the marina on local traffic.
Paul Healey made a motion to extend the existing parking waiver to December 31, 2007. Ms. Murphy amended this motion to add that this parking waiver shall not be used as evidence of zoning compliance for applications for Chapter 91 Licenses from the state or 10A permits from the Town. It was moved, seconded, and SO VOTED, unanimously, by those present to approve the modification to the Special Permit A-3 as amended.
RE: Sea Chain, LLC - Relocation of Utilities on 3A
Present for the applicant: Paul Trendowicz and Joe Sugar, Sea Chain LLC, Richard Cook, BSC Engineers and Mike Fitzpatrick, Samuels Associates.
This was a continuation of a hearing initiated on October 31, 2006. At that time 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.
At this meeting, Sea Chain provided the Board with detailed plans and elevations showing the following three views of the south side of Lincoln Street: 1) existing conditions; 2) what Sea Chain plans to do, and 3) the "John Riley" alternative.
The Sea Chain plan involves the removal of all existing poles and wires from the North side of 3A. On the south side, evenly spaced poles would hold telephone, cable and a large multi-wire "feed" providing power to all of the businesses on the south side of the roadway. The power to the north side would be provided by a new feed placed underground within the Shipyard, running parallel to 3A.
To accomplish John Riley's goals, the existing poles would be left on the south side, and power would be brought underground from the feed in the Shipyard at five locations under Route 3A, then up the poles on the south side, and to the businesses. The difference between the two plans, is that you would not see a bulky feed running along the south side.
The Board and the applicant agreed that there had been a misunderstanding in the interpretation of the permit. Joe Sugar also pointed out that their initial impression was that the power existing on the North side of 3A served the north side, when in fact it had all been sold to businesses on the south side.
Board members asked how much additional money it would cost to modify the plans per Mr. Riley's suggestions, and Mr. Trendowicz responded that it would be approximately $500,000. He also pointed out that it would require opening 3A in five locations. Several Board members responded that, despite these obstacles, this was really the only chance to perform this improvement.
Tom Patch commented that the Boards should be looking for other mitigation from the developer if this utility project did not get resolved in the Town's favor.
Board members agreed to take the matter under advisement until Monday, December 11 at 6:30, unless negotiations were still ongoing between the Selectmen and the developer.
Old/ New Business
Minutes/Bills
It was moved, seconded, and SO VOTED, unanimously by those present to approve the minutes of November 13, 2006 and November 20, 2006.
Three bills, two from Seacoast Engineering regarding Shipyard Drive and one from HML Associates regarding Christina Estate at Baker Hill have been approved for payment.
Ridgewood Crossing Request for Extension to Completion Date
Sue Pace of Coler and Colantonio submitted a request for an extension to the time of completion for "all ways, drainage facilities and utilities" at Ridgewood Crossing from November 1, 2006 to November 1, 2007. Ms. Lacy explained that they had had the project on a much tighter leash of late, with regular inspections of the erosion control system by John Chessia. Based on the regular information she is now getting from John, she has been able to effectively enforce compliance with the terms of the permit by holding up building and occupancy permits, thus precluding the need to use the roadway completion date for leverage right now.
It was moved, seconded, and SO VOTED, unanimously, by those present to approve the requested extension to November 1, 2007.
Back River Condominiums
As requested in the Site Plan review relative to the modification to the Special Permit for the Back River Condos (conducted at a meeting on 11/20/06), the Board reviewed the revised grading plans for the swale adjacent to the Beals Cove Village. Due to the addition of the 2:1 slope the swale is not exactly the same as what was there, but the applicant did provide a letter stamped by a registered engineer stating that the proposed design will have no negative impacts on the Beal's Cove Village buildings or overall drainage system. Victor Popp and Joe Freeman of the ZBA both reviewed the plan, and put a condition into the final modification that Tom Hastings was responsible if, for any reason, the swale does not function properly.
In accordance with the requirement in the Site Plan approval letter, it was moved, seconded and SO VOTED, unanimously, by those present to approve the swale design as shown on the plans entitled "Grading and Drainage Easement and Overlay Plan, Back River, Beal Street, Hingham, MA prepared for Thomas J. Hastings by Coler and Colantonio, dated 9/11/06, with revisions to 12/01/06."
The meeting adjourned at 10:00 PM.
Respectfully submitted,
Katharine Lacy
Town Planner