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NOTICE OF DECISION
Site Plan Review in Association with a Special Permit A3

Certified Mail #7014 2120 0003 3809 9140

Applicant: RSL REALTY, LLC
39 Bel Air Road
Hingham, MA 02043

Premises: 51-55 South Street & 85-99 South Street
Hingham, MA 02043

Date: September 19, 2016

Re: Construction of 3 story Mixed Use Residential/Commercial Building at 51-55 South Street with provision of 8 associated leased overnight residential parking spaces at 85-99 South Street

Summary of Proceedings
At a duly noticed public hearing at the meeting of March 30, 2016 Planning Board members Sarah H. Corey, Gary Tondorf-Dick, William Ramsey, Jennifer Gay Smith and Judith Sneath heard the application of RSL REALTY, LLC for a Special Permit A3 Parking Determination under § III-G, 7., Special Permit A3 Parking Waivers under § V-A, and related Site Plan Reviews under § I-G and § I-I of the Zoning By-Law, and such other relief as necessary, in association with a Special Permit A2 under § III-G, 6. and § I-F from the Zoning Board of Appeals, to construct a 3-story Commercial/Residential Building, similar in footprint to the previously demolished "Lincoln Building," at 51-55 SOUTH STREET, and provide overnight residential parking at 28 SOUTH STREET on properties zoned Business District A and the Downtown Hingham Overlay District. The hearings were continued to May 2, 2016, June 6, 2016, June 13, 2016, July 11, 2016 and September 12, 2016. All Board members were present for all hearings except for the September 12th hearing which Judy Sneath missed. July 11, 2016 the Board simply acted on a request to continue the application and no substantive hearing was held. The panel that acted on the application consisted of members Sarah H. Corey, Gary Tondorf-Dick, William Ramsey, and Jennifer Gay Smith. A site visit was held on April 10, 2016 to review the parking proposal for 28 South Street. The Application was amended to remove 28 South Street and propose 147 North Street as the location of the required 8 overnight leased parking spaces and new notice (legal ad and abutter notices) was done in preparation for the June 6, 2016 hearing. The Application was subsequently revised again to propose 85-99 South Street as the location of the required 8 overnight leased parking spaces, and new notice (legal ad and abutter notices) was done in preparation for the September 12, 2016 hearing.

The Applicant team included Reuven Levy and Charlene Flynn (owners), Richard Henderson, Attorney, Steve Meyers, Architect, and John Cavanaro, Cavanaro Consulting. Paul Brogna, PE, Seacoast Engineering was the peer review engineer for the Board and Susan Murphy, Attorney, attended the hearing of June 13, 2016, and provided legal assistance on this application.

Project Description
The proposed project is the construction of a 3-story Commercial/Residential Building, similar in footprint to the previously demolished "Lincoln Building,” at 51-55 SOUTH STREET, and provide overnight residential parking at 85-99 SOUTH STREET on properties zoned Business District A and the Downtown Hingham Overlay District. The project is the redevelopment of an existing site that was completely impervious. The new building will have a green roof which will improve water quality somewhat. Both the internal drains and new gutters are proposed to connect to the existing drainage system in the roadway. The Building will have commercial uses on the ground level, and eight residential units above. The roof top deck is intended as an amenity for the residential units only, and will not be public. The Board felt that reconstruction of the Lincoln Building would be a positive outcome for the downtown and the town as a whole. The Board appreciated the attention to the architectural detail that was evidenced on the elevations and noted that the design was already endorsed and approved by the Hingham Historical Commission.

There was extensive discussion regarding the proposal for cornices to extend over the property line and the Board ultimately decided on a condition relating to that matter. There was also discussion regarding the proposed changes to the tunnel cap (replacing landscape with hardscape, installation of light poles, possible construction storage, etc.) as well as the intent to utilize the tunnel cap as the main access to the residential units. The Board expressed an interest in commenting on how the tunnel cap may change in appearance and function, and also acknowledged that that HDIC (Development and Industrial Committee) also had been involved in the evolution of that public space. The Board noted for the record that the Board of Selectmen has authority over the public ways and the tunnel cap, and that the applicant would need further approvals from them.

The residential units each require one overnight parking space. During the hearings a great deal of the discussion was about the potential impacts of construction on the existing businesses downtown, and, where the tenants would park their cars. The Applicant team investigated several different locations for the provision of overnight parking spaces and the location of 85-99 South Street was the final and approved location after 4 revisions of site plan. This location for the parking spaces is within the required 500’ distance (340’), the spaces are existing and meet the requirements in the By-Law, and there is a continuous, lighted pedestrian path from the spaces to the building. The Board also reviewed the table of parking availability provided by the Applicant team and found that there was an adequate supply of parking during the overnight hours so that this lease arrangement would not overly burden, or create a zoning violation on the existing approvals for 85-99 South Street. None of the retail users that rely on the parking lot at 85-99 South Street are open at night. The parking lot at 85-99 South Street has a requirement of 65 spaces and 71 are existing, so, there are even some “unallocated” parking spaces at this location presently. At the September 12, 2016 hearing Board members acknowledged the final proposal seemed practical and liked the adjacency of the proposed parking spaces to the residential unity they would serve. The Board noted that there were curb stops installed by the owner of the parking lot that technically seemed to limit the length of the parking spaces, but, that they were existing and functioned well. The Board reviewed the overnight parking lease and made a few minor changes. The Board found that the hours for “overnight parking” should extend from 6 pm-8 am because the daytime parking hours posted are 8 am-6 pm. The applicant and parking lot owner had no problem with this minor change. The Board also reviewed the proposed conditions with the Applicant team to ensure that there was agreement on the language and requirements.

Findings and Decision
After additional discussion the Board conducted Site Plan Review in Association with the Special Permit A3 parking determination, and made the following findings:

a. protection of abutting properties against detrimental uses by provision for surface water drainage, fire hydrant locations, sound and site buffers, and preservation of views, light and air, and protection of abutting properties from negative impacts from artificial outdoor site lighting;

Findings: Not Applicable

b. convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets; the location of driveway openings in relation to traffic or to adjacent streets, taking account of grades, sight distances and distances between such driveway entrances, exits and the nearest existing street or highway intersections; sufficiency of access for service, utility and emergency vehicles;

Findings:
• Work within the layout requires approval from the Board of Selectmen or their designee. Police Details will or may be required daily during the construction phase to ensure the safety of the scene and the public at large. Applicant is responsible for the cost of Police Details.
• Fire Protection requirements including site access shall be met at all times.
• Construction workers must park their vehicles off site to minimize impact on area businesses.
• To the extent that pedestrian movement is reliant on access over the tunnel cap, the applicant must provide the Board and Building Commissioner prior to the issuance of a building permit with evidence of legal rights to use the tunnel cap for that pedestrian circulation/access. If the applicant has to redesign the building entrances and pedestrian circulation the project does not have to come back to the Board for a modification providing that access remain on the tunnel cap.
• The tenants of the Lincoln Building will depend on the abutting sidewalks on Main and South streets for the use of their shops and apartments. The property owner shall be responsible for maintaining these areas entirely free of snow and ice - from within a foot of the edge of the roadway to the edge of the building. In the case of snow accumulation greater than 2 inches, the sidewalks, including access to the crosswalks, will be cleared within 12 hours. The property owner cannot assign this responsibility to any of the tenants.

c. adequacy of the arrangement of parking, loading spaces and traffic patterns in relation to the proposed uses of the premises; compliance with the off-street parking requirements of this By-Law;

Findings:
• 8 leased parking spaces for overnight residential parking will be provided at property known as 85-99 South Street. This is within 500’ of the benefitted parcel and will not create a violation of the existing parking plan at 85-99 South Street.
• The Applicant shall be required to certify to the Building Commissioner annually, on the anniversary of the date of the issuance of the Special Permit A3, that such lease for the residential parking remains in full force and in effect and (ii) no later than thirty (30) days prior to the expiration or other termination of such lease, to apply to the Planning Board for a modification of its Special Permit A3 which application shall provide for the required parking in another manner consistent with the requirements of this subsection III-G,7(a) of the Zoning By-law.
• The parking proposed for overnight parking is existing and functioning adequately. The Board supports the proposal for overnight parking.

d. adequacy of open space and setbacks, including adequacy of landscaping of such areas;

Findings: Not Applicable


e. adequacy of the methods of disposal of refuse and other wastes resulting from the uses permitted on the site

Findings: Not Applicable

f. prevention or mitigation of adverse impacts on the Town’s resources, including, without limitation, water supply, wastewater facilities, energy and public works and public safety resources;

Findings: Not Applicable

g. assurance of positive storm water drainage and snow-melt run-off from buildings, driveways and from all parking and loading areas on the site, and prevention of erosion, sedimentation and storm water pollution and management problems through site design and erosion controls in accordance with the most current versions of the Massachusetts Department of Environmental Protection’s Storm Water Management Policy and Standards, and Massachusetts Erosion and Sediment Control Guidelines.

Findings: Not Applicable

h. protection of natural and historic features including minimizing: the volume of cut and fill, the number of removed trees of 6 inches caliper or larger, the removal of stone walls, and the obstruction of scenic views from publicly accessible locations;

Findings: Not Applicable

i. minimizing unreasonable departure from the character and scale of buildings in the vicinity or as previously existing on or approved for the site.

Findings: Not Applicable

The Board then Moved, Seconded and SO VOTED to Approve Site Plan Review in Association with the Special Permit A3 as presented in the hearings and as shown on the plans titled “Plan Set 51-55 South Street Hingham, MA 02043”, prepared for: RSL Realty, LLC, 39 Bel Air Road, Hingham, MA 02043 dated 5/27/16, revised to 8/25/16, two sheets; Architectural plans titled “The Lincoln Building 55 South Street Hingham, MA, prepared by Studio Meyers dated June 6, 2016, sheets A1-A10, L01-L03, and S01; and, the Lighting Plan titled “Lincoln Building Post Lighting, ASL, 6-13-2016”, prepared by Carmine Matarazzo, received by the Planning Board September 9, 2016, with the following conditions:

a. This Site Plan Review Decision must be filed at the Plymouth County Registry of Deeds


Town of Hingham Planning Board


Sarah H. Corey, Acting Chair


Cc: Town Clerk, Building Department, ZBA, Richard A. Henderson, Esq., Selectmen, DPW, Town Engineer, Sewer, Aquarion, Historic, Cavanaro Consultants, Meyers Architecture, Assessor, Bob Shepard, Police Chief, Fire Chief

NOTARIZATION

EXECUTED this _____ day of September, 2016


Commonwealth of Massachusetts

Plymouth, ss September __, 2016

Then personally appeared Sarah H. Corey, Acting Chair of the Hingham Planning Board, and acknowledged the foregoing to be the free act and deed of said Board.


_________________________ My Commission Expires March 4, 2022
Dolores A. DeLisle, Notary Public