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NOTICE OF DECISION
Special Permit A3 (Parking Determination)
Certified Mail #7014 2120 0003 3809 9157
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 Building will have commercial uses on the ground level, and eight residential units above. The Board felt that reconstruction of the Lincoln Building would be a positive outcome for the downtown and the town as a whole.
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 by eliminating the overhang, but, that they were existing spaces and functioned well. The Board discussed if the curb stops should be removed or the parking space line striping be extended by 2’. After discussion the Board felt neither action was indicated at this time as this was not an issue operationally. 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. The Board found that the Applicant had met the requirements in the By-law.
Findings and Decision for parking allocation provided in support of 51-55 South Street and provided at 85-99 South Street on the site plans dated 5/27/16.
a) The parking is sufficient in quantity to meet the needs of the proposed project;
Findings:
• There is a sufficiency of parking on site to serve all uses.
• The lease of the overnight parking spaces does not create a violation of the zoning of, parking requirements for existing uses on, or any special permit or variance granted to, the burdened parcel.
• The table on the plans demonstrates that there is an adequate supply of parking spaces during the overnight hours to meet the requirements of the lease without overly burdening the site.
• The use has the support of the landlord.
• With the location of this overnight parking use there are still sufficient parking spaces available to support future changes in tenancy of the other units.
• A condition of the permit shall be: The applicant (or its successor) is required, as a condition of the issuance of this Special Permit, (i) to certify to the Building Commissioner annually, on the anniversary of the date of the issuance of a Special Permit, 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.
b) Pedestrian access and circulation has been provided for;
Findings:
• There is an existing sidewalk between the residential property and the location of the overnight parking
c) New driveways have been designed to maximize sightline distances to the greatest extent possible;
Findings:
• This (51-55 South Street) is a previously developed site being re-built. There are no new driveways at the redevelopment site. New building development will mirror the previous building that existed on site.
d) It is impractical to meet these standards and that a waiver of these regulations will not result in or worsen parking and traffic problems on-site or on the surrounding streets, or adversely affect the value of abutting lands and buildings
Findings:
• The application meets the standards in the regulations except for the dimensional requirement for the length of parking spaces as currently built for the overnight parking spaces.
e) The granting of relief is consistent with the intent of this By-Law and will not increase the likelihood of accident or impair access and circulation.
Findings:
• yes
The Board then Moved, Seconded, and So Voted to grant a waiver to the dimensional requirement of length of parking spaces for the overnight parking spaces to allow 18’ painted length without overhang, where 20’ is required.
The Board then Moved, Seconded, and So Voted to Approve the Special Permit A3 parking determination to allow the 8 leased overnight residential parking spaces proposed to be located at 85-99 South Street to support the residential units at 51-55 South Street, 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 (SP1 and SP2), with the waiver, and the following conditions:
1. The applicant (or its successor) is required, as a condition of the issuance of this Special Permit, (i) to certify to the Building Commissioner annually, on the anniversary of the date of the issuance of a Special Permit, 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.
2. Prior to the issuance of a Building Permit, Applicant shall deliver, in conformance with Section III-G,7.a.iv(A), a fully executed copy of the Parking Lease for off-street parking between 99 South Street, LLC and the Applicant, in the form provided to the Planning Board on September 12, 2016, except that the hours of overnight parking shall be modified to be 6pm to 8am, and, Recital III in the Parking Lease shall be corrected to read “in Downtown Hingham” and not “in Hingham center”.
Town of Hingham Planning Board,
Sarah H. Corey, Acting Chairman
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 Chairman 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
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