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TOWN OF HINGHAM
Board of Appeals
NOTICE OF DECISION
SPECIAL PERMIT A2 - MINOR MODIFICATION
IN THE MATTER OF:
Owner/Applicant: The Meadows Condominium Trust
Property: 1 Floret Circle
Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds, Book 5277, Page 52
Plan Reference: Plan entitled, "Site Plan, "The Meadows Condominium,"
Part 2-4," prepared by Norman Grossman, R.L.S., 226 Holly Pt. Rd.,
Centerville, MA, dated September 15, 1984 Columbia Road, Hanover, MA,
dated September 15, 1984, marked with proposed garage location and
unstamped, undated drawing depicting the front building elevation and
proposed materials both received by the Town Clerk on July 29, 2015.
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals (the "Board") on the
application of The Meadows Condominium Trust (the "Applicant") for a
Minor Modification to plans approved by Special Permit A2 on August 11,
1981 for a Residential Multi-Unit Development. The Applicant also
requested a waiver of Site Plan Review in connection with the Special
Permit from the Planning Board. At a duly noticed public meeting held
on August 3, 2015 at the Town Hall, the Zoning Board and Planning Board
jointly heard the request to modify the plans to include a 16' x 40'
maintenance garage. The Board panel consisted of its regular members
Joseph M. Fisher, Chairman, Joseph W. Freeman, and W. Tod McGrath. The
Applicant was represented by Meadows resident, Tom Arthur, and
Superintendent, Bob Boyle. At the conclusion of the meeting, the
Planning Board voted waive its Site Plan Review and the Zoning Board
unanimously approved the Minor Modification of the Special Permit A2,
permitting construction of a 16' x 40' maintenance garage.
Throughout its deliberations, the Board has been mindful of the
statements of the Applicant and the comments of the general public, all
as made or received at the public meeting.
The Meadows Condominium Trust requested a minor modification of plans
approved on August 11, 1981 for the multi-unit development in Residence
D to construct a garage for storage of maintenance equipment and tools.
This equipment is presently stored within a fenced enclosure under a
temporary garage or tent that collapsed during winter snow events. The
proposed single-story structure would be 16' x 40' in size with 9'-wide
overhead doors located on both ends of the building. The Applicant plans
to construct the garage in the same location as the existing temporary
structure and fenced enclosure, which is adjacent to the tennis court on
parcel "C". This location complies with all setback requirements
specified in Section IV-F. It is also located outside of any designated
conservation area and would not affect the minimum recreational space
required for multi-unit developments.
A resident of the development commented during the meeting to express
support for the application. She indicated that the proposed structure
would improve the existing maintenance area.
Based upon the information submitted and received at the hearing, the Board made the following findings:
a. The proposed use will be in harmony with the general purpose and intent of the Zoning By-Law, for the following reasons:
The proposed accessory structure will serve as storage of maintenance
equipment and tools and is an allowed use in residential districts.
b. The proposed use complies with the purposes and standards of the
relevant specific sections of this By-Law, for the following reasons:
The proposed structure will not affect any relevant specific standards
related to yard dimensions, dwelling units or bedrooms, open land or
recreational space requirements.
c. The specific site is an appropriate location for such use,
structure, or condition, compatible with the characteristics of the
surrounding area, for the following reasons:
The proposed structure will be located in an area that currently
serves the same purpose in the form of a fenced enclosure and temporary
d. The use as developed and operated will create positive impacts or
potential adverse impacts will be mitigated, for the following reasons:
The proposed use will not create adverse impacts as it maintains the
present use of the area, though in an enclosed, weather-tight structure.
e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:
There will be no nuisance or serious injury to vehicles or pedestrians.
f. Adequate and appropriate facilities exist or will be provided for
the proper operation of the proposed use, for the following reasons:
The building proposed project includes limited facilities as it will primarily be used for equipment storage.
g. The proposed Project meets accepted design standards and criteria
for the functional design of facilities, structures, stormwater
management, and site construction, for the following reasons:
The proposed project meets accepted design standards. The proposed roof drain will be directed to the existing onsite system.
Upon a motion made by Joseph M. Freeman and seconded by W. Tod
McGrath, the Board voted unanimously to approve the Minor Modification
of the Special Permit A2, permitting construction of a 16' x 40'
maintenance garage to the north of the tennis courts within Parcel "C"
of the Meadows, subject to the following condition:
1. The Applicant shall complete the construction in a manner
consistent with the approved plans and representations made in the
application and at the meeting before the Board;
For The Board of Appeals,