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NOTICE OF DECISION
Site Plan Review in Association with a Special Permit A2
Certified Mail #7014 2120 0003 3809 9195
Applicant: PERRY BAC SHIPYARD, LLC
20 Winthrop Square, 5th floor
Boston, MA 02110
Premises: 10 and 0 Shipyard Drive
Hingham, MA 02043
Date: October 4, 2016
Re: Modification to Existing Permit
Summary of Proceedings
At a duly noticed public hearing at the meeting of September 12, 2016, Planning Board members William C. Ramsey, Acting Chairman, Gary Tondorf-Dick, and Jennifer Gay Smith heard the application of PERRY BAC SHIPYARD, LLC for Site Plan Approval under § I-G and § I-I and a Special Permit A3 parking determination under § V-A of the Zoning By-Law and such other relief as necessary, in association with a Major Modification to the Hingham Shipyard Mixed-Use Special Permit originally issued May 12, 2003, as amended most recently to November 5, 2015 under § IV-G, to allow modification of the approved residential building and associated parking and a reduction in the number of dwelling units from 83 to 77 at 10 AND 0 SHIPYARD DRIVE in the Industrial District. The Planning Board heard the application at their meeting of September 26, 2016, with all Board members in attendance. Judith S. Sneath and Sarah H. Corey both noted for the record that they had listened to the recording of the September 12th meeting and completed a Mullins Affidavit for the file. The Board continued the hearings to the meeting of October 3rd, at which meeting the panel consisted of Judith S. Sneath, Sarah H. Corey, Jennifer Gay Smith, and Gary Tondorf-Dick.
The Applicant team included Jeffrey Tocchio, DTM, Scott Golding, DTM, Buzz Constable, Executive Vice President, AW Perry, Gabe Crocker, CHA, JB Clancy and John Tittmann from ART Architecture.
Project Description
The applicant team summarized the changes from the previous Samuels approval, including an increase in open space, reduction in number of units and number of bedrooms, and the addition of 88 covered parking spaces as an amenity. There will also be a rooftop deck. The proposal is a change in form, but otherwise very similar to the existing approval. The Supplement to the Application states that there will be 154 parking spaces, which yields 2 spaces/unit and would not require relief. There is a request for the Board to waive the requirement for parking areas to be located on the same parcel (Section V-A. 2) and to waive the restriction that does not allow the parking assigned to a particular residential unit to be used toward the overall parking requirements (Section V-A.2.d). The same waivers were granted to the previous applicant. The applicant team discussed the elevations and landscaping in depth. The intent of the changes to the architectural plans is to activate the streetscape and provide a softer looking residential building. The Board discussed the improvements to Essington Drive regarding the sight line and the dumpster relocation that were conditioned as part of the previous approval. Mr. Tocchio and Mr. Constable both acknowledged this previous condition and agreed to complete those improvements. The Board also discussed the outstanding sewer related investigations. The Applicant team acknowledged receiving the staff comments, and said they were aware of the previous requirement for flow monitoring relative to the previous approval. The Applicant team agreed to perform flow monitoring.
Findings and Decision
After additional discussion, the Board reviewed the Site Plan Review Criteria 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:
• Storm water will be designed to connect seamlessly to the existing system. Because this is a modification to an existing plan, Site Plans should be provided prior to building permit showing proposed location of structures, spot grades and other applicable infrastructure, to ensure positive drainage.
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:
• A comprehensive pedestrian network has been designed into the project.
• This proposed modification does not alter the street system.
• The improvements to Essington Drive at the juncture with the marina driveway and the relocation of the dumpster in the rear of the retail store that houses Petco, as previously agreed upon, are still relevant and indicated because the development of the residential units will increase the reliance upon this intersection. It will be a condition that these improvements must be completed prior to the issuance of any Certificates of Occupancy for the residential units.
• There will be a gate in the railing of the elevated deck for ladder access.
• The hydrant in the parking lot by the SW corner will need more room around it to comply with the new State Fire Code.
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:
• The proposed loading areas are well thought out and beneficial to the overall design.
• A Special Permit A3 is required to build the project as proposed.
d. adequacy of open space and setbacks, including adequacy of landscaping of such areas;
Findings:
• The amount of open space is being increased.
• A Landscape Site Plan dated 9/29/16 prepared by Albert, Richter & Tittmann Architects, Inc. has been submitted and depicts the specific landscaping improvements and calls out the caliper of tree specimens to be planted.
e. adequacy of the methods of disposal of refuse and other wastes resulting from the uses permitted on the site
Findings:
• Trash disposal is provided internal to the building and shielded from view, in keeping with the previous approval.
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:
• The previous applicant had agreed to provide some information to the Sewer Commission as part of the last approval. Those requirements remain indicated and, as such, a condition of approval is that the Applicant or previous Applicant or their designee must provide the Sewer Department the required information, including flow metering at the Shipyard sewer station.
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:
• detailed Site Plans with utility information shall be submitted to the Planning Board and Zoning Board prior to building permit
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:
• The design of the residential building is intended to activate the streetscape and increase the green space on the roadway, enhancing the pedestrian environment. The attention to detail on the elevations help soften the visual impact of the building. It is not an unreasonable departure from the previous approval on this site.
The Board then Moved, Seconded and SO VOTED to APPROVE Site Plan Review in association with a Major Modification to the Hingham Shipyard Mixed-Use Special Permit originally issued May 12, 2003, as amended most recently to November 5, 2015, to allow modification of the approved residential building and associated parking and a reduction in the number of dwelling units from 83 to 77 at 10 AND 0 SHIPYARD DRIVE presented in the hearings and as shown on the plans titled “SITE PLAN 10 SHIPYARD DRIVE”, prepared by Albert, Richter & Tittmann Architects, Inc., dated October 3, 2016, 9 sheets; “SITE DEVELOPMENT PLANS FOR 10 SHIPYARD DRIVE HINGHAM, MA”, prepared by CHA, dated 8/22/16, revised to 9/8/16, 8 sheets; and, “10 SHIPYARD DRIVE, HINGHAM, MA”, Landscape Plans and Site Lighting Sheets, prepared by Albert, Richter & Tittmann Architects, Inc., dated 9/8/16, 4 sheets; and, “Landscape Site Plan” dated 9/29/16 prepared by Albert, Richter & Tittmann Architects, Inc.; with the following conditions:
1. The Applicant or their designee must provide the Sewer Department the required information, including flow metering at the Shipyard sewer station.
2. Detailed Site Plans with utility information and storm water drainage design shall be submitted to the Planning Board and Zoning Board prior to building permit.
3. The improvements at Essington Drive and the dumpster re-location, as conditioned in the November 5, 2015 decision granted to Samuels, shall be completed prior to the issuance of any Certificates of Occupancy for the residential units.
4. A Special Permit A3 is required to build the project as proposed.
5. Applicant shall address the comments in the memo from Captain Dave Damstra dated 9/26/16.
6. The building elevations will be modified in accordance with the Board’s discussion, specifically the white 2 story window elements, and the window fenestration on the secondary rooms, as possible.
Town of Hingham Planning Board
Judith S. Sneath, Chairman
Cc: Town Clerk, Building Department, ZBA, Assessors, J. Tocchio of DTM, Dave Damstra, Fire, Sewer, DPW, Police Chief, Fire Chief, BOH
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