Planning Board Agenda for Monday, January 8, 2007
7:00 PM Public Hearings on Proposed Changes to the Zoning By-Laws
8:00 PM 349 Lincoln Street Roseland Property Company and Samuels & Associates
Central Meeting Room North and 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 7:00 P.M. at the Hingham Town Hall.
RE: Public Hearings on Proposed Changes to the Zoning By-Laws
Ms. Murphy opened the public hearing on all ten of the proposed zoning articles. She described the process for submitting articles for consideration at Town Meeting, and explained the roles of the Planning Board Advisory Committee and Town Meeting in the review and approval process. She noted the special role of the Zoning Permit Study Committee, which was created by Town Meeting in 2007, and which co-sponsored five of the ten articles under consideration.
Ms. Lacy summarized the articles that would be addressed in the Planning Board hearing process:
Article A Special Permit and Site Plan Review Clean Up
This article includes various changes to sections I-G, (Special Permits with Site Plan Review) and I-I (Site Plan Review) of the Zoning By-Law, with the goal of clarifying the process for Site Plan Review, and to better coordinate it into the Special Permit A2 process. This proposed amendment to the Zoning By-Law would also modify Section I-J (Special Permits A3) to allow for the appointment of an associate planning board member to act on Special Permit A3 applications if necessary.
Article B To Re-zone certain parcels of land on Lincoln Street, Beal Street and Fottler Road across from the Shipyard.
This article would re-zone certain parcels of land on Lincoln Street and Beal Street from Industrial to Office Park, and other parcels on Fottler Road from Industrial to Residence A. The intent of the article is to modify the zoning map to better reflect 1) current land uses and 2) long term planning objectives for this area of Hingham.
Article C Clarify Definition of Structure
This article would clarify the definition of the word "structure" in Section VI of the Zoning By-Law (Definitions) to include mechanical equipment which services a building or structure, with the intent of ensuring that such equipment comply with all setback requirements.
Article D Amend Section I-C (Enforcement)
This article would amend Section I-C (Enforcement) to provide for a non-criminal process for the enforcement of all Zoning By-Laws.
Article E Changes to Section IV (D) Flexible Residential Development
This article would create additional minimal dimensional requirements for condominium projects developed under a Flexible Residential Development Special Permit A3; and clarify the requirements for resident and guest parking.
Article F Amendment to Off Street Parking Requirements
This article would 1) modify the amount of off-street parking required for marinas; 2) add definitions for berth and marina to Section VI and 3) other clerical and "clean-up" type changes as needed.
Article G Amend Parking Requirements for Multi-Family Housing
This article will amend Section IV (E) (Multi Family Housing) to require guest or visitor parking as needed and determined through the Site Plan Review process.
Article H Amend Section III-H (Nonconforming Uses)
This article will modify Section III-H (6), which addresses non-conforming uses, by requiring a Special Permit A1 determination from the Zoning Board of Appeals, pursuant to Massachusetts General Laws Section 6, that "the alteration of, addition to, extension of, or structural change to an existing non-conforming single or two-family residence or structure which increases the non-conformity of the building or structure" is not "substantially more detrimental than the existing nonconforming use to the neighborhood."
Article I Modify Section V-E (Personal Wireless Services)
This article will modify Section V-E to permit the use of a Distributed Antenna System (DAS), a multiple antenna system for providing personal wireless service using a network of small, omni-directional (whip) antennas affixed to existing utility poles. The intent of permitting the DAS system is to ensure adequate personal wireless service to all areas in Town without the use of large stationary wireless towers.
Article J Re-Zone Old Colony Montessori School Property
This article will change the zoning of the land shown on the Hingham Assessor's Map 195, parcel 37 and Map 195, parcel 26, from Residence B to Business B.
After this summary, the Chairman announced that the Board would take under consideration "Article B-To re-zone certain parcels of land on Lincoln Street, Beal Street, and Fottler Road." This article, originally recommended by the Zoning Permit Study Committee, would change the zoning of the area across from the Shipyard from Industrial and Limited Industrial to Office Park, with a small amount of residence A and Business B. The purpose of the change was to remove the possibility of creating another Derby Street Shoppes (permitted in Limited Industrial which would include Flately) or Shipyard (permitted on parcels greater than 25 acres zoned Industrial, which would include Talbots) in this part of Town.
At the start of the discussion, Victor Baltera, Chairman of the Zoning Permit Study Committee, noted that they had met with abutting property owners on Wednesday, January 3. Based on unanimous opposition to the article from those present, the Committee recommended that the planning Board withdraw the article from consideration, with the exception of Item 1: which would rezone several residential parcels on Fottler Road from Industrial to Residence A like the surrounding residential area.
Board members briefly discussed the article, noting that it was important to plan pro-actively for this area of Town due to the rapid growth occurring in this area. Ms. Murphy noted that she felt it was a shame that the Zoning Permit Committee had voted so early in the process without getting the opportunity to fully hear from the public, including potential supporters of the proposal, at the Planning Board hearing.
Property owners present at the hearing expressed unanimous concern about the proposed change, in that it would throw them into non-conformity, and prevent proposed modifications and expansions. From Beal Street, the owners of Hitchcock Shoes, Fanueil Kitchens, and Toy Storage all noted that their future operations would be negatively impacted with this change. Dick Nottebart of Talbots pointed out that if the zoning were to change, they would not be able to achieve full build-out of the master plan that the Planning Board approved in 1997. Flatley's representatives noted that the dimensional requirements for Office Park would throw them into non-conformity, which could hinder even future interior modifications to buildings. All owners expressed general annoyance with the fact that they were notified of this proposed change so late in the process, noting that they were valuable businesses in Hingham. Susan Murphy asked if any of the residential property owners on Fottler Road, whose property was currently zoned industrial, were present, and no one identified themselves. Ms. Murphy noted that there seemed to be many advantages to correcting the zoning map to reflect the actual residential use of these parcels.
At the close of the hearing the Planning Board voted to withdraw the article from further consideration, with the exception of the item addressing the residential parcels on Fottler Road. They also committed to looking into other ways to reduce the possibility of unplanned future development in this area by modifying the requirements for a mixed use development.
At the close of the public hearing the Board announced the following schedule for subsequent zoning hearings:
January 22 at 7:30 PM
· Article A-Site Plan Review Clean Up
· Article C-Clarify Definition of Structure
· Article D-Amend Section I-C (Enforcement)
· Article H-Amend Section III-H (Non-Conforming Uses)
January 29 at 7:00 PM
· Article E-Amendments to Section IV (D) Flexible Residential Development
· Article F-Amendments to Section V (A) Off Street Parking Parking Requirements
· Article G- Modify parking requirements in Section IV (E) Multi-Family Housing
· Article I-Amendments to Section V-E (Personal Wireless Services)
· Article J-Rezone Montessori School Property from Residence B to Business B
RE: 349 Lincoln Street Roseland Property Company and Samuels & Associates
Continuation of Joint Hearing with the Zoning Board of Appeal on Major Amendments to the existing Mixed-Use Special Permit for the Hingham Shipyard.
Present for the applicant:
Jed Lowry and Joe Shea, Roseland;
Leslie Cohen, Robin Mosle, and Joel Sklar, Samuels
Doug Husid and Bill Dillon, Goulston and Storrs
Jeffery Tocchio, Kelly McCarthy, Drohan, Hughes, Tocchio and Morgan, PC;
Sam Offeiado, BSC Engineers.
Present for the Town:
John Chessia, Chessia Engineering
Steve Heikin, ICON Architecture
Jeffery Dirk, VAI
ZBA Chairman Steve McLaughlin and Planning Board Chairman Susan Murphy both announced that this was a continuation of the joint ZBA Planning Board hearing on various proposed modifications to the Hingham Shipyard.
Katy Lacy reported that the Town's consultants, Steve Heikin and Jeff Dirk had both met with the applicant to review Board and consultant peer review comments. She noted that the Board had received a peer review report from Jeffery Dirk dated December 26, 2006 providing comments on the traffic study submitted by BSC as part of the application. The applicant provided a response letter dated January 8, 2008.
Ms. Murphy stated that the topic to be discussed at the hearing was traffic, including on site circulation and parking, and off site impacts and proposed mitigation.
Joel Sklar noted that Richard Cook was ill, and that Sam Offeiado from BSC was present to answer technical questions if needed.
Traffic Consultant Jeffery Dirk went over his peer review comments. In summary, he stated that the traffic study submitted by the applicant was prepared in a professional manner, and followed accepted professional standards. He described the study area, and the information that the applicant had provided on existing conditions, crash rates, and proposed future conditions to 2008. He stated that he concurred with the applicants findings on these matters, but recommended that "BSC should review the 2006 weekday evening peak hour traffic volumes and associated analysis for the intersection of Route 3A William B. Terry Drive and Shipyard Drive and provide updated information as needed." He also recommended that the "applicant should collect supplemental traffic volume data in order to ascertain the traffic flow profile of commuter boat patrons" to "establish the potential for coincidental peaking of traffic related to the project and commuters."
Board member Sarah Corey said that she found the current traffic counts hard to believe, in that they did not indicate a notable increase in traffic on 3A in recent years.
Mr. Dirk reviewed the applicants assessment of project generated traffic, including all of the uses proposed for the Shipyard by all of the development partners. He stated that he was in "general" agreement" with the applicant's assessment, but requested the following additional information.
1. Back up worksheets and calculations for trip generation for general retail, restaurant and drive bank components of the project.
2. An estimate of the traffic characteristics for the Specialty Retail portion of the project
3. A revised estimate of the anticipated traffic characteristics based on the number of screens as the independent variable as opposed to number of seats
4. An estimate of the overall traffic flow for the project and the commuter boat parking lot over the course of an average weekday. The commuter boat parking lot traffic flow profile should be based on actual traffic count data conducted on an average weekday (Tuesday thru Thursday).
Mr. Dirk noted that this final item will identify the peak traffic volume hours with regard to the site in its entirety and allow for an evaluation of the adequacy of the on-site transportation infrastructure and the proposed intersections of route 3A with the site roadways to accommodate the peak traffic volume hours of the project.
In terms of the applicant's projections of trip distribution, Mr. Dirk stated that he was in agreement with the applicant's assessment.
In terms of Traffic Operations Analyses, Mr. Dirk noted that the information provided by the applicant indicated that the proposed improvements are sufficient to accommodate the proposed modifications to the development program, but noted that significant increases in vehicle queuing were shown to occur for certain movements at the study intersections which may impact intersection operations and the design of both the site roadways and off site improvements.
He stated that "The traffic operations analysis will need to be revised, and should include an analysis of operation conditions and vehicle queuing at the intersection of Shipyard Drive West at HMS Essington Drive. Additionally the project proponent's Traffic Engineer should explain why significant increases and decreases in vehicle queuing that were shown to occur at a number of the study intersections over the 2007 Build with Mitigation condition."
Mr. Dirk outlined the various improvements to area intersections proposed by the Applicant. He noted that the applicant also needed to provide:
1. a schedule for such improvements
2. the responsible party
3. detailed plans for off-site improvements, and confirmation that current roadway and intersection design can accommodate the projected vehicle queues
4. an update on discussions with the MBTA concerning the provision of bus service.
Mr. Dirk went on to propose a variety of additional elements to be added to the mitigation program, which are outlined in his report, including a five-year monitoring program to track the functionality of traffic operations after the project is completed.
Mr. Dirk reviewed the site plan, and addressed a variety of issues of potential concern relative to vehicle circulation. He brought up concerns about traffic flow around Buildings K and L, and requested that the applicant investigate further. He suggested a variety of improvements aimed at enhancing pedestrian circulation around the site including the installation of raised crosswalks and the elimination of mid-block crosswalks. In the Roseland portion of the development, he suggested the creation of a five foot sidewalk or marked pedestrian way separating the driveways leading to the units on Staynor Drive from the roadway itself.
He requested the following additional information:
1. An overall signage plan
2. A loading and delivery access routing and circulation plan approved by the Hingham Fire Department
3. An overall pedestrian circulation plan
4. A bicycle access, circulation and parking plan.
In terms of parking, Mr. Dirk concurred that a shared parking analysis is appropriate for the project. He noted that to fully understand how the parking will work, the applicant needs to provide a plan showing where the parking for each use will be located. He also asked whether the applicant had entered into discussions with the MBTA about potential shared use of the commuter lot during peak parking demand seasons, such as Christmas. Finally, he asked where parking would be provided for public use of the waterfront.
Board members had a variety of questions and comments about Mr. Dirk's findings. Sarah Corey asked whether the applicant had looked at the potential conflicts which could occur on Fridays, with the simultaneous operation of the boat, the cinema and peak shopping/dining. Mr. Dirk responded that the traffic flow analysis that he had requested should provide this information.
Judy Sneath asked whether the train would have an impact on the traffic on 3A and Beal. Mr. Dirk noted that that had been factored into the applicant's analysis.
Judy Sneath and Susan Murphy asked whether it was appropriate to only look at projected future traffic to 2008. Mr. Dirk noted that, when the project was originally approved, this was the appropriate five-year threshold.
Susan Murphy asked whether there was information on whether shopping centers with certain anchors attracted more traffic than those with other types of anchors, and had different spiking periods. She also asked whether the LOS calculations for the various intersections would change with pulses of traffic from the cinema and the commuter boat. Mr. Dirk stated that the LOS reflected an average of the peak 15 minutes of traffic each hour.
Glen Olsen of the Hingham Police stated that they still had concerns about queuing on Essington Drive at Shipyard Drive. The applicant agreed to sit down with the police and Jeff Dirk to look at their concerns.
The hearing was continued to January 18th at 7:30 PM.
RE: Old /New Business
Minutes
It was moved, seconded, and SO VOTED, unanimously, by those present to accept the minutes December 18, 2006.
The hearing was adjourned at 10:45 PM.
Respectfully submitted,
Katharine Lacy
Town Planner