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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
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