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Board of Appeals

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.

BACKGROUND

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.

FINDINGS

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 garage.

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.

DECISION

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,