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TOWN OF HINGHAM

BOARD OF APPEALS

IN THE MATTER OF:

Applicant: The Ward Street Turf Fields Fund

Owner: Town of Hingham

Premises: 0 Ward Street; Assessors Map 134, Lot 16 (6.11 acres) and an 18.61 acre parcel of land constituting the southerly portion of Assessors Map 124, Lot 32, to be designated as Lot 32(b), Hingham, Massachusetts

Deed Reference: Plymouth County Registry of Deeds, Book 3358, Pages 305-311 and
Book 3354, Pages 260-261

SUMMARY OF PROCEEDINGS:
This matter came before the Board of Appeals on the matter of The Ward Street Turf Fields Fund (petitioner, the “Applicant”) for a Special Permit A1 under §III-A, 3.7 with Site Plan Review to be done by the Planning Board under §I-G along with Special Permit A3 parking determination, with waiver if necessary, under §V-A of the Zoning By-Law and such other relief as necessary to redevelop approximately 5.6 acres of the existing lacrosse field known as Margetts Field, and an additional 7.25 acres adjacent to Margetts Field, to create 12.85 total acres for two new synthetic turf athletic fields with new porous driveways and parking areas, associated fencing and lot lighting, two score boards, and public bathrooms* to be located at 0 Ward Street (the “Property”), in the Official and Open Space District, with site access via openings on Ward Street.

(*The original project plans depicted field lighting and concessions for discussion purposes; the Applicant sought approval of field lighting and concessions at the 2010 Town Meeting by way of an amendment to the Zoning By-Law. Town Meeting did not approve this proposed amendment, after which the Applicant amended its Special Permit A1 filing to seek construction of a single natural grass athletic field only; no field lighting or concessions were proposed.)

Public hearings on the matter were held over the course of several months before the Board of Appeals panel consisting of regular members Joseph M. Fisher, Chairman and W. Tod McGrath, and associate member Mario Romania, Jr. The Hingham proceedings commenced on March 15, 2010, with continuation hearings thereafter on May 5, 2010, June 10, 2010, July 8, 2010, July 22, 2010, August 19, 2010 and October 4, 2010. A number of hearings included members of the Hingham Planning Board sitting jointly with the Board of Appeals; a number of hearing were postponed at the request of the Applicant. The Planning Board consulted with Jeffery Dirk of Vanasse and Associates, a traffic engineering and transportation planning firm based in Andover, MA, who acted as a consultant to the Planning Board on traffic and parking related issues with respect to the Special Permit A3. The Board of Appeals also benefitted from Mr. Dirk’s comments.


The Applicant was represented by Attorney Jeffery Tocchio along with Richard Alfonso, Nathan Cheal and Nancy Doherty of Tetra Tech, as well as D.J. MacKinnon, trustee.

The Board received from the Conservation Commission an Order of Conditions dated October 7, 2010. The Conservation Commission consulted on the project with John Chessia, Chessia Consulting, who completed a civil engineering review on behalf of the Town. No other Town agencies or authorities filed any comments on the application with the Board. Public comments were solicited and received at the public hearings.

BACKGROUND:
As part of its amended Special Permit A1 filing the Applicant seeks to construct a single natural grass athletic field, with associated access and parking, on a Town-owned parcel of undeveloped land immediately to the north of the existing Margetts Field on Ward Street (the “Project”). The Board of Selectmen and the Recreation Commission have voted to allow the Petitioner to advance the design, permitting, and eventual construction of the proposed Project. The Project is not a Town-sponsored or Town-controlled project. As part of the Project, the Applicant also proposes to improve the vehicular and pedestrian access points at the existing Margetts Field, and upgrade the existing parking area serving Margetts Field. The Project, as proposed, will result in a total of 150 parking spaces, serving the existing field and the proposed new field (jointly referred to as the “Fields”). Access to the Fields will be upgraded from the single curb cut at Ward Street to two curb cuts. Site distance requirements will be met, and streetscape improvements, consisting of landscaping, will be incorporated into the design. The Project will include fencing at each end line. The Applicant does not propose bathroom facilities or field lighting. Ownership of the Fields would remain with the Town following completion. The Fields would be utilized for youth and adult lacrosse, with soccer and other public and private uses available as administered by the Recreation Commission at other Town fields. An existing dirt access path at the east sideline of the proposed new field, which leads to a trail system used for passive recreation, will remain open to allow access to and from the parking area.

By letter addressed to the Board dated June 3, 2010, and representations at the hearings, the Applicant presented the following preliminary conditions for this project:

1. The Applicant’s participation is a gift to the Town, and the Applicant does not seek any special consideration for their gift, with the exception of insuring scheduling lacrosse on the turf in the spring season.

2. The gift will include the total construction of the Project, to be directed and performed by the Applicant.

3. The Board of Selectmen and Recreation Commission will determine the arrangements for managing the fields prior to construction. Such discussions shall include fee structure to insure that the Town will not incur any additional expenses and that the costs for managing the entire facility will be self-sustaining.

4. The Applicant is not authorized to invoke the Dover Amendment.

5. An agreement shall be entered into between the Applicant, Board of Selectmen and Recreation Commission prior to the commencement of construction. The parties shall discuss the extent to which chapter 30B requirements may or may not affect certain construction components, prior to the commencement of construction.

6. The Applicant shall fund all permit-related peer review consulting.

7. Any future proposals which would require the issuance of a variance shall require the concurrence of the Board of Selectmen prior to the submission for zoning approval.

The Board accepted the Applicant’s letter of June 3, 2010, in support of its revised Application.

FINDINGS:
Based on the information submitted and received at the hearings, including submissions from the Applicant and from numerous residents, the Board made the following findings:

a. The proposed use will be in harmony with the general purpose and intent of the Zoning By-Law, for the following reasons:

The proposed parking area improvements and expansion of the existing athletic field facility, within the Official and Open Space Zoning District, is an allowed use under §III-A 3.7 of the Zoning By-Law, subject to issuance of a Special Permit A1 by the Board of Appeals. The Project design was developed to conform with regulations and best engineering practices to ensure that the proposal is consistent with the purposes as set forth at §I-A (2) of the Zoning By-Law. The proposed project will provide an additional athletic field, with supporting pedestrian and vehicular circulation, and vehicle parking, for recreational and educational use by Hingham residents. The proposal will enhance recreational and educational amenities within the town, specifically the underserved south/central part of Town, as identified at the 2000 Open Space Plan. Ownership of the field shall remain with the Town following completion, and the field will be utilized for youth and adult lacrosse, with soccer and other public and private uses available as administered by the Town’s Recreation Commission for other Town-owned fields. The Applicant has not requested zoning exemption under M.G.L. ch. 40A, §3, though the Board recognizes that such statute may be applicable. For purposes of this Project the Board is proceeding, with the consent of the Applicant, with the understanding that the zoning standards applicable for issuance of a Special Permit A1 constitute “reasonable regulations” for this Project as contemplated by the statute.

The Board is informed that the Conservation Commission has consulted with Mr. Chessia concerning the overall proposed Project drainage system. The Board recognizes that the system as designed will meet regulatory criteria for site drainage.

b. The proposed use complies with the purposes and standards of the relevant specific sections of this By-Law, for the following reasons:

The proposed use is an allowed use under §III-A 3.7 of the Zoning By-Law, subject to issuance of a Special Permit A1 by the Board of Appeals. The parking areas, as designed, adhere to the design criteria of §V-A of the Zoning By-Law, and the parking count, which is being presented to the Planning Board via a Special Permit A3 request, exceeds the requirements of §V-A, as demonstrated by the Applicant and confirmed by Mr. Dirk, the Town’s Traffic/Parking review engineer. The proposal will enhance recreational and educational amenities within the town and is consistent with §I-A (2) of the Zoning By-Law.

c. The specific site is an appropriate location for such use, structure, or condition, compatible with the characteristics of the surrounding area, for the following reasons:

The specific site is an appropriate location that consists of an existing lacrosse field facility and a previously-cleared field, and is buffered visually from surrounding properties by extensive wooded areas. The land is well situated for the proposed use, in that the upland is level, out of the flood plain, and consists of soils that percolate well. Areas of wetlands and a river are proximate to the site which are ideal for the discharge of stormwater in accordance with stormwater management regulations. The surrounding wooded areas, which provide public passive recreational use and walking trails, also provide excellent visual buffering to residences. The site is located east of Ward Street and over 300-feet east of the Black Rock Country Club residential area. Abutting uses to the north and south are located more than 400-feet away, and abutting uses to the east are located 1,000-feet away. The combination of these factors greatly exceeds existing setbacks on many fields located within the Official and Open Space District, and makes the subject Property ideal for the proposed Project on public-owned land.

d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons:

The proposed use will be located a significant distance from residential neighborhoods, and adjacent wooded areas provide buffering. The proposed project has been designed to allow for safe and efficient access to and from Ward Street, and adequate off-street parking and drop-off areas are included. The proposed vehicle and pedestrian movement configurations on the site will improve greatly upon the existing conditions. Traffic report studies have been prepared and submitted to the Board by the Applicant’s traffic engineers, and Mr. Dirk, the Town’s Traffic/Parking review engineer, has reviewed those studies. After reviewing the reports, and the presentations, the Board finds that the proposed improvements will improve the existing parking lot and mitigate the identified potential impacts caused by the construction and operation of the additional athletic field.

e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:

Vehicular access to the site will be limited to two (2) locations: a single entrance driveway and a single entrance/exit driveway located approximately 215 feet to the north. The proposal includes 150 off-street parking spaces. The proposal includes paved sidewalks with handicap access, cross-walks, curbed areas, and gravel sidewalks. The proposed project has been designed to allow for safe and efficient access to and from Ward Street, and adequate off-street parking and drop-off areas are included. Traffic report studies have been prepared and submitted to the Board by the applicant’s traffic engineers, and have been reviewed by Mr. Dirk, the Town’s Traffic/Parking review engineer. In addition, the Planning Board has been asked to undertake Site Plan Review related to the Special Permit A3 request.

f. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use, for the following reasons:

Well water is available for irrigation, and the Applicant intends to improve the performance of the well as a design-build item. No other utilities are required. The Project will incorporate portable bathroom facilities, and trash receptacles will be kept on site and emptied as part of an overall field maintenance plan. Municipal utilities are available at Ward Street.

g. The proposed Project meets accepted design standards and criteria for the functional design of facilities, structures, stormwater management, and site construction, for the following reasons:

The Conservation Commission has consulted with Mr. Chessia concerning the overall proposed Project drainage system. The Applicant and Mr. Chessia have presented information to the Board concerning the proposed stormwater drainage system. The system as designed will meet regulatory criteria for site drainage. Mr. Chessia provided comments and recommendations concerning the civil engineering aspects of the proposed design. The Conservation Commission has issued comprehensive conditions concerning construction activities. The Board finds that the proposed Project meets accepted design standards and criteria.

DECISION:
For the reasons set forth above, the Board of Appeals voted unanimously to GRANT a Special Permit A1 under §III-A, 3.7 of the Zoning By-Law, to allow for the development and use of a town-owned recreational field, not to be conducted as a business, at the Property subject to the following conditions:

1. Fields to be constructed and operated in substantial accordance with the representations made at the public hearings and the plans presented, as revised, entitled “Site Development Plans, The Ward Street Turf Fields Fund, Ward Street Natural Grass Athletic Fields” dated September 10, 2010 prepared by Tetra Tech, Framingham, MA.

2. Fields to be used for the purposes represented at the hearings: youth and adult lacrosse, with soccer and other public and private uses available as administered by the Recreation Commission (or by such other Town board or agency as may be determined by the Board of Selectman).

3. No lights are to be installed at the Property, and the Fields are not to be used after sundown.

4. No artificial turf to be installed at the Property.

5. No concession stands to be installed at the Property.

6. No sewage or waste disposal system to be installed on the Property and no sewage to be disposed at the Property.

7. Construction and maintenance of a security gate to be located between the existing parking area and the new parking area. The gate is to be open only when the Fields are in use and closed at sundown.

8. An existing dirt access path at the east sideline of the proposed new field, which leads to a trail system used for passive recreation, will remain open to allow access to and from the parking area.

9. A management agreement and performance bond (the “Field Agreement”) acceptable to the Town shall be drawn up between the Applicant, Board of Selectmen and the Recreation Commission (or such other Commission or Town agency as may be designated by the Board of Selectman). For purposes of the Field Agreement the parties may mutually agree to “acceptable performance assurance guarantees” in lieu of a bond provided that the Building Commissioner is notified in advance and approves of such guarantees. The Field Agreement shall be in place prior to the commencement of construction by the Applicant. A Field Agreement shall be in effect for so long as the Fields are in use under the terms of this Special Permit.

10. Signage shall be installed and maintained as directed by the Building Commissioner.

11. Minor modifications to the approved plans, if any, with respect to the detention basin located near the new field (labeled “Stormwater Detention Basin #3” on plans) to be reviewed and approved by the Building Inspector prior to the commencement of work.


The zoning relief granted herein shall not become effective until (i) the Town Clerk has certified on a copy of this Decision that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that if such an appeal has been filed, that it has been dismissed or denied, and that (ii) a copy thereof has been duly recorded in the Plymouth County Registry of Deeds and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner’s certificate of title.

For the Board of Appeals,


____________________________
Joseph M. Fisher, Chairman
November 24, 2010