Zoning Board of Appeals Decisions and Pending Applications

Applicant:Avalon Shipyard LLC

51 Sleeper Street

Boston, MA 02210

Premises:Hingham Shipyard

152 Shipyard Drive and 349 Lincoln Street

Hingham, MA02043

Title Reference:Plymouth County Registry of Deeds

Book 32846, Page 112

SUMMARY OF PROCEEDINGS:

This matter came before the Zoning Board of Appeals on the application of Avalon Shipyard, LLC (the "Applicant") for a Variance from §IV-A of the Zoning By-Law and such other relief as necessary to maintain an 8' wooden fence between the Avalon community property line and the Building 19 property line at the Hingham Shipyard, 152 Shipyard Drive and 349 Lincoln Street (the "Property"), in the Industrial District.

A public hearing was duly noticed and held on May 21, 2009.The public hearing and deliberations were conducted by a panel consisting of regular members W. Tod McGrath, Chairman, Joseph M. Fisher, and Joseph W. Freeman.The Applicant was represented by Avalon Development Director David Gillespie.

BACKGROUND:

Avalon at Hingham Shipyard is a 235 unit apartment home community that was originally approved as part of the Board of Appeals Mixed-Use Special Permit issued to Sea Chain LLC in May 2003 as subsequently amended.Building construction for the Property started in the fall of 2007 and the final homes are scheduled for completion mid 2009.

As part of the site construction work, a fence was installed between the Property and the truck loading area situated on an adjacent property currently owned by Building 19. The 2003 approved project plans required a landscaped buffer between the properties; there was no provision for a fence.The Applicant stated that there was a failure in its oversight and coordination of drawings between the submitted project plans and the final landscape plans, which resulted in an eight foot (8') high wooden fence being designed and installed in error prior to review by either the Board or the Building Department.

The Applicant stated that it installed the eight foot (8') high wood fence as a safety precaution to separate the Avalon residents from the warehouse trucking operations at Building 19.Due to a grade change, the Applicant's lot is approximately two feet (2') higher than the Building 19 lot causing the eight foot (8') high wood fence to sit only six feet (6') in elevation above the Avalon parking lot. The fence also acts as a safety buffer for the Avalon residents and prevents Building 19's trucks from backing up into cars or site lighting in the Avalon parking lot.

After reviewing the plans, the Board felt that the fence created an appropriate safety buffer for the Avalon residents and the tractor trailer trucks used by Building 19.However, the Board was concerned that at some point, if there should there be a change to a non-industrial type of use on the Building 19 site, the issue of connectivity to the Shipyard site may need to be addressed – which includes a reassessment of the installed fence.

The Applicant proposed to add additional landscaping along the fence on its property that would serve as a buffer and facilitate removal of the fence if the Building 19 site should change to a more non-industrial use.The Applicant submitted a landscape plan entitled Building 19 Property Line Fence/Planting Plan dated April 16, 2009 prepared by Hawk Design, Inc. that includes additional trees and shrubs to supplement the recently installed Honey Locust trees. The Board reviewed this plan and agreed that this infill of plantings would be beneficial and, should the fence be removed at a later date, the plantings would be a significant buffer yet allow for connectivity to the site.

As part of the discussion both the Applicant and the Board agreed that the fence was in addition to, and not in lieu of, the previously-approved landscaped buffer along the property line.Therefore the Board determined that relief in the form of a minor modification to the Mixed-Use Special Permit dated May 12, 2003 was also required.

No abutting property owner submitted any comments or objections to the Applicant's fence.

Based upon the application and representations made at the public hearing, the Board voted unanimously to GRANT a minor modification to the Mixed-Use Special Permit dated May 12, 2003 to incorporate the existing fence, as shown on the plans submitted to the Board, along with a Variance to maintain an eight foot (8') wooden fence between the Avalon community property line and the Building 19 property line at the Hingham Shipyard.

In granting the requested relief, the Board found that owing to circumstances relating to the soil conditions, shape or topography which especially affect the premises, but do not affect generally the zoning district in which the premises are located, a literal enforcement of the Zoning By-Law would create a hardship to the Applicants.The Board determined that the change in grade between the two properties necessitated the need for the eight foot (8') fence and that such fence would not detract from the neighborhood and would not impose an undue hardship on abutting properties.

The Board further determined that the requested Variance might be granted without detriment to the public good and without substantially derogating from the intent or purpose of the Zoning By-Law and will not adversely affect the health, safety or welfare of the general public, or the Town generally, nor create adverse impacts on its surrounding area.

i.Building Commissioner has the right to require that the fence be removed, at the expense of the Applicant and in accordance with such reasonable timetable as determined by the Building Commissioner, in the event that the property abutting or proximate to the fence is redeveloped to comprise non-industrial uses, and

ii.the Applicant shall be responsible for the maintenance and repair of the fence until such time as the fence is removed.

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.