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TOWN OF HINGHAM
PLANNING BOARD
NOTICE OF DECISION
Petitioner: Perry South Shore, LLC and John H. Spurr, Jr. and
William G. Constable, Trustees of South Shore Industrial Park Trust
20 Winthrop Square
Boston, MA 02110
Premises: 0 Route 3
Hingham, MA 02043
(a.k.a 1040/1050 Hingham Street, Rockland, MA 02370)
Map 208, Lots 67
Deed Reference: Land Court Certificate of Title No. 81824; Book 15247, Page 148
Date: August 5, 2013
Plan
Reference: Entitled “Gallery Dealership Hingham/Rockland,
Massachusetts, Permitting Documents,” dated April 4, 2013, revised thru
June 12, 2013 and prepared by Nitsch Engineering, Boston, MA for A.W.
Perry Inc., consisting of twenty-eight (28) pages.
Summary of Proceedings
This
matter came before the Planning Board on the application of Perry South
Shore, LLC and John H. Spurr, Jr. and William G. Constable, Trustees of
South Shore Industrial Park Trust (Petitioner) for a Special Permit A3
parking determination, with waivers if necessary, under §V-A of the
Zoning By-Law and such other relief as necessary, along with Site Plan
Review in association of a Building Permit under §I-H and §I-I to
construct and operate an automotive sales and service dealership located
at 0 Route 3, in the Industrial Park and South Hingham Development
Overlay District. Portions of this project are also located at 1040
Hingham Street, Rockland, MA.
The
Planning Board heard the application at a duly advertised and noticed
hearing on July 22, 2013 at 7:00 PM in the Hingham Town Hall at 210
Central Street. Members of the Planning Board present were: William
Ramsey, Chairman; Gary Tondorf-Dick, Clerk; Sarah Corey; and Walter
Sullivan Jr.
Petitioner’s Representatives: Attorney Jeff
Tocchio; Buzz Constable, Perry South Shore LLC; Scott Turner, Nitsch
Engineering; Architect Jim Malarkey
This application has been
approved by various entities, such as, MEPA, Hingham Conservation
Commission, Rockland Planning Board, Rockland Zoning Board, Rockland
Conservation Commission and Rockland Sewer Commission. The Hingham
Planning Board is the last Board the Petitioner seeks approval from.
The
Petitioner presented the application to the Board. It was noted that
all utilities for the car dealerships will be connected through
Rockland. The entrance and exit (both one-way only) will be located on
the Rockland portion of the site. The Petitioner also discussed the
proposed site in regards to using pervious asphalt, tree placement,
stormwater plans and traffic analysis.
The Board discussed peer
review engineer Jeff Dirk’s report dated July 3, 2013. Mr. Dirk’s
summary determined that the project related traffic impacts within the
Town of Hingham are expected to be limited to an increase in peak-hour
traffic flow along Hingham Street of between 9 and 17 vehicles, or
approximately one additional vehicle ever 3.5 to 7 minutes during the
peak hours. This increase of traffic would be considered nominal and
would not result in a material impact (increase) on motorist delays or
vehicle queuing.
The proposed project provides parking for 468
vehicles consisting of 213 parking spaces, for customers/employees and
255 spaces for dealership inventory. Of the 468 parking spaces
proposed, 107 will be located within the Town of Hingham consisting of
59 parking spaces for customers/employees and 48 spaces for dealership
inventory.
The parking requirement, in accordance to §V-A of the
Zoning By-Law, for this site (Hingham’s portion only) would be 60
spaces. There are 59 spaces on the proposed plans. After meeting
Rockland’s parking requirements (Rockland’s portion only) there is a
surplus of 19 spaces.
No abutters were present for the hearing.
The Petitioner stated that both abutters, Serona and Blue Cross Blue
Shield have been notified and are satisfied with the proposed project.
Project Description and Findings
The
Petitioner is seeking a Special Permit A3 parking determination, with
waivers if necessary, along with Site Plan Review in association of a
Building Permit to construct and operate an automotive sales and service
dealership located at 0 ROUTE 3.
The proposed work consists of
the construction of a new Gallery Automotive Group dealership (BMW and
Mini) located on 11.17 =/- acre lot in the Towns of Hingham and Rockland
(4.061 acres are located in Hingham). The Gallery dealership will
consist of a single building, laid-out to evoke the sense of separation
between the two distinct automotive brands. The dealership will consist
of showroom areas, a car lot, maintenance and warehousing facilities,
and site amenities to support the dealership operations. The proposed
three-story building has a first floor area of approximately 51,611 +/
s.f., a second floor area of 6,529 +/- s.f., and a third floor area of
11,272 +/- s.f. resulting in a building total floor area of 67,500 +/-
s.f.
The proposed building is located on the town line separating
Hingham from Rockland, and only a portion of the building is located
within the Town of Hingham. The portion of the building located in
Hingham consists of 18,163 +/- s.f. of first floor area, 1,218 +/- s.f.
of second floor area and 6,289 +/- of third floor area. The proposed
FAR for the Hingham portion of the site is .145 and the proposed height
of the building is 38’, both of which conform to the Zoning By-Law
requirements.
Board members reviewed the project in accordance with the Site Plan Criteria contained in Section I-I (6) as follows:
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;
The Board concurred that, as proposed, the project
complies with all use and intensity regulations and that there will not
be any adverse effects to abutting properties. Lighting adjacent to
expressway can be up to 20 feet in height.
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;
Not Applicable. Exits and Entrances are on the Town of Rockland’s portion of the site.
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;
Two additional handicap parking spaces are to be added for a total of seven on the site.
d. adequacy of open space and setbacks, including adequacy of landscaping of such areas;
Trees must be 3 inch caliper or greater. (The Petitioner will look into adding more trees when drawing construction plans.)
e. adequacy of the methods of disposal of refuse and other wastes resulting from the uses permitted on the site;
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;
Not Applicable
g.
assurance of positive stormwater 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 stormwater 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 Stormwater Management Policy
and Standards, and Massachusetts Erosion and Sediment Control
Guidelines.
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;
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.
Not Applicable
DECISION AND VOTE
Site Plan Review
It
was moved, seconded and SO VOTED to grant site plan approval for the
application and plans entitled “Gallery Dealership Hingham/Rockland,
Massachusetts, Permitting Documents,” dated April 4, 2013, revised thru
June 12, 2013 and prepared by Nitsch Engineering, Boston, MA for A.W.
Perry Inc., consisting of twenty-eight (28) pages with the following
conditions:
1. Lighting adjacent to expressway can be up to 20 feet in height.
2. Two additional handicap parking spaces are to be added for a total of seven on the site.
3.
Trees must be 3 inch caliper or greater. (The Petitioner will look into
adding more trees when drawing construction plans.)
Special Permit A3 – Parking Waiver
It
was moved, seconded and SO VOTED to act favorably as requested for a
parking waiver for the application and plans “Gallery Dealership
Hingham/Rockland, Massachusetts, Permitting Documents dated April 4,
2013, revised thru June 12, 2013 consisting of 28 pages, prepared by
Nitsch Engineering, Boston, MA for A.W. Perry Inc.
_____________________________
William Ramsey
Chairman, Hingham Planning Board
August 5, 2013
NOTARIZATION
EXECUTED this _____ day of August, 2013
Commonwealth of Massachusetts
Plymouth, ss August____, 2013
Then
personally appeared William Ramsey, Chairman of the Hingham Planning
Board, and acknowledged the foregoing to be the free act and deed of
said Board.
_________________________ My Commission Expires: July 22, 2016
Karen M. Clancy, Notary Public
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