TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant: WSM Hingham Properties, LLC
S. R. Weiner & Associates, Inc.
1330 Boylston Street
Chestnut Hill, MA 02167
Premises: 90 Derby Street
Hingham, MA
Title Reference: Plymouth County Registry of Deeds
Book 9552, Page 31; and Book 16895, Pages 1, and 6
SUMMARY OF PROCEEDINGS:
This matter came before the Zoning Board of Appeals on the application of WSM Hingham Properties, LLC (the “Applicants”) for modification to the existing Special Permit A2 dated February 10, 2003, as amended through October 3, 2006, under §III-A 4.17 of the Zoning By-Law and such other relief as necessary to allow an 8' x 12' community booth to be placed permanently in the sidewalk/alley area between REI and Kohl's located at the Derby Street Shoppes, 90 Derby Street (the “Property”), a Retail Group in the Industrial Park District.
A public hearing was duly noticed and held on February 26, 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 Applicants were represented by Robert Frazier, Carolyn Kennedy and Michael McKenna.
BACKGROUND:
This Property has been the subject of previous hearings and decisions by the Zoning Board of Appeals relative to the overall design and layout of the shopping plaza. The hearings and decisions were extensive and have addressed numerous topics including parking and location of facilities within the site.
In September 2006 the Applicants submitted a request for a minor modification to the existing Special Permit to construct an 8’ x 12’ community booth in the landscaped median strip in the main parking area of the site. At that time the Board of Appeals, in agreement with the Planning
Board, determined that the proposed location did not provide safe and adequate access for pedestrians and passing vehicles and suggested the Applicants return with an alternative location.
In October 2008 the Applicants submitted a similar request for a minor modification to the existing Special Permit to construct an 8’ x 12’ community booth; however this request was to place the booth in the sidewalk/alley area between REI and Kohl’s. At its hearing held on November 5, 2008 the Board of Appeals discussed the modification request and approved the temporary use of the community booth through January 15, 2009. The Board also determined that if the community booth is to remain in place on a more permanent basis, a request for a modification to the Special Permit issued in 2003 needs to be filed and a fully noticed public hearing held.
On January 26, 2009 the Applicants filed an application for a modification to the existing Special Permit to allow an 8' x 12' community booth to be placed permanently in the sidewalk/alley area between REI and Kohl's located at the Derby Street Shoppes.
DISCUSSION:
During the course of the hearing the Applicant and the Board discussed the fact that the booth’s intended use is to help various local non-profit groups in their fundraising efforts and for community awareness. The Applicant stated that the various non-profits will typically use the booth as a drop off point during the day and all goods collected are picked up at the end of the day. The booth is not intended for use by the Derby Street Shoppes retailers to market their merchandise.
The Board received a letter from the Fire Prevention Officer stating that there should be no storage allowed in the building and if the building is to be permanent that no part of the structure or landscaping be placed in front of the existing fire department connections for Kohl’s or REI. These connections are required to be clear and unobstructed.
FINDINGS:
Based upon the application and representations made at the public hearing, the Board determined that the proposed modification to place the community booth permanently in the sidewalk/alley area between REI and Kohl's 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.
RULING AND DECISION:
Subject to the following conditions, the Board voted unanimously to GRANT the modification to the Special Permit A2 to allow an 8' x 12' community booth to be placed permanently in the sidewalk/alley area between REI and Kohl's located at the Derby Street Shoppes subject to the following conditions:
1. the structure is to be used for community and philanthropic purposes only;
2. no overnight storage of any kind shall be permitted inside the structure; and
3. the structure is to be permanently placed in a location as approved by the Fire Department so as to keep the existing fire department connections for Kohl’s or REI clear and unobstructed.
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 Zoning Board of Appeals,
____________________________
Joseph W. Freeman
May 26, 2009