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Board of Appeals

 

 

NOTICE OF DECISION
SPECIAL PERMIT A2 

IN THE MATTER OF:

Owner/Applicant:       Jennifer A. Johnson, DVM, d/b/a South Hingham Veterinary Services

Property:                     60 Sharp Street
                                 Hingham, MA 02043

Deed Reference:         Plymouth County Registry of Deeds, Land Court Certificate of Title No. 109743, Book 471, Page 90

Plan Reference:          Plan entitled, "Plot Plan, 60 Sharp Street, Assessors Map 216 Lot 23, Hingham, Massachusetts," prepared by Merrill Associates, Inc., 427 Columbia Road, Hanover, MA, dated May 20, 2013.

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals (the “Board”) on the application of Jennifer A. Johnson, DVM, d/b/a South Hingham Veterinary Services (the “Applicant”) for a Special Permit A2 under § III-A, 4.4 of the Hingham Zoning By-Law (the “By-Law”) to allow for the continued operation of a veterinary hospital at 60 Sharp Street in the Industrial Park and the South Hingham Development Overlay Districts. The Applicant also requested a waiver from special condition 1 of § III-B that requires the building be located a minimum 40’ from the front and side lot lines; however, that request was withdrawn following an amendment to the By-Law that rendered such request moot.

A public hearing was duly noticed and held on June 18, 2014 at the Town Hall, 210 Central Street. The hearing was continued on several occasions at the Applicant's request and reopened on May 13, 2015. The Board panel consisted of its regular members W. Tod McGrath, Chairman, Joseph M. Fisher, and Joseph W. Freeman.  The Applicant was represented by Attorney Jeffery A. Tocchio, Drohan, Tocchio & Morgan, P.C.  At the conclusion of the hearing, the Board voted unanimously to grant a Special Permit A2 under § III-A, 4.4 of the By-Law, subject to the conditions listed herein.

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 hearing.

BACKGROUND

The Applicant operates a veterinary clinic within a 2,850 square foot portion of an existing 34,000 +/- square foot, multi-tenanted commercial building located at 60 Sharp Street, Hingham (the “Property”).  The veterinary clinic is operated in such a manner so as to not affect neighboring businesses.  For example, the Applicant does not groom or board animals, or to allow animals to stay overnight, except in extreme, and rare, supervised conditions.  Appointments are limited to 3-4 appointments per hour, per doctor when on shift, and patients being left for day-surgery are dropped-off at the facility between 8-9 a.m. on two days.  Moreover, the radiology suite is a digital system, thus eliminating the need for chemicals that were formerly required, and all materials classified as a hazardous waste (vaccine vials, empty injectable drug vials, needles, syringes) are collected in hazardous waste containers and the Applicant contracted with Ecology Recovery Systems for their legal off-site disposal.  Finally, no hazardous materials are or will be disposed of by drain or other unauthorized means.

A veterinary hospital is a specially permitted use in the Industrial Park District and South Hingham Development Overlay District.  The Board reviewed a previous request from the Applicant to allow the animal hospital use in 2013; however, the prior application was withdrawn when concerns arose with respect to compliance with setback requirements specified in special condition 1 of § III-B. The Applicant instead filed for and received a building permit as a  "business or professional office or agency". The use has been in operation since fall 2013.

Staff thereafter notified the Applicant that the South Hingham Veterinary Services appears to be operating an "animal hospital" (use 4.4) and not a "business or professional office or agency" (use 4.10) and as such requires a Special Permit A2. The Applicant refiled the Special Permit application in May 2014. Considerable discussion took place during the initial hearing about special condition III-B as it relates to the business. In December 2014, the Planning Board initiated a zoning amendment that eliminates the application of Special Condition III-B to several commercial uses, including animal hospitals, within the Industrial Park zoning district. Town Meeting subsequently voted to adopt the amendment. As of April 27, 2015, Special Condition III-B no longer applies to the use on this property, though the Massachusetts Attorney General must still review the amendment.

On September 11, 2013, the Hingham Planning Board granted site plan approval in conjunction with the Applicant's previous Special Permit A2 application under § III-B, 4.4, and approved issuance of a Special Permit A3 parking determination in accordance with Section V-A of the By-Law.  A copy of the Planning Board’s decision is filed with the Plymouth County Land Court Registry District, Document No. 717140, as noted on Certificate No. 109743.

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 Applicant’s proposed uses are in harmony with the general purposes of the By-Law.  The use is allowed in the Industrial Park District/South Hingham Overlay District under a Special Permit A2, and the use is controlled and regulated so as not to adversely affect the health, safety or welfare of the prospective occupants, neighbors, or the Town generally.  The veterinary clinic utilizes previously existing utilities and infrastructure and is contributing to the overall economic viability of businesses within the South Hingham Industrial Park Overlay District.

b. The proposed use complies with the purposes and standards of the relevant specific sections of this By-Law, for the following reasons:

The Applicant’s use has not altered the footprint of the Building and the Building continues to remain in compliance with the requirements of Section III-E: South Hingham Development Overlay District, including all intensity standards for floor area ratio and building height.  In addition, the Planning Board issued a Site Plan Approval and a Parking Determination for the previously filed application.

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:

No alteration to the footprint of the existing Building or parking area is proposed or has taken place.  A sound-dampening wall was installed between Units 5 and 6 in the Building.  Exterior work is limited to placement of a 10’x20’ outdoor enclosed area to the rear of the space to be used as a supervised recovery area, installation of a “pee post” outside the  Building, and a 4’ access walk way to allow access to the rear door of the space (for mortuary transport).       

d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons:

The footprint of the existing Building as well as all existing ingress and egress access to the Property has not and will not be altered in connection with the Applicant’s use.   A 4’ access way will provides safe and level access to the rear of the Property for mortuary transportation purposes. 

e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the             following reasons:

The Property’s current ingress and egress access, as well as the Property’s current traffic circulation, have not and will not to be altered in connection with the Applicant’s use.  

f. Adequate and appropriate facilities exist or will be provided for the proper    operation of the proposed use, for the following reasons:

The Applicant has already received approval from the Board of Health for the use of the Property.  The Applicant’s use does not require any alteration of the Property’s current storm water drainage system. The radiology suite is a digital system, thus eliminating the need for chemicals that were formerly required.  All materials classified as a hazardous waste (vaccine vials, empty injectable drug vials, needles, syringes) are and will continue to be collected in hazardous waste containers and the Applicant contracted with Ecology Recovery Systems for their legal off-site disposal.  No hazardous materials are or will be disposed of by drain or other unauthorized means.

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 Applicant already has a Building Permit and Certificate of Occupancy for use of the Property.  The Applicant also holds a Radiology Permit for the facility issued by the Commonwealth of Massachusetts.  Furthermore, the veterinarians practicing at South Hingham Veterinary Services are licensed by the Commonwealth of Massachusetts.
                                                         
DECISION

Upon a motion made by Joseph M. Fisher and seconded by Joseph W. Freeman, the Board voted unanimously to GRANT a Special Permit A2 under § III-A, 4.4 of the By-Law approving operation of a veterinary hospital/clinic at 60 Sharp Street, subject to the following conditions:

  1. The Applicant shall operate the animal hospital/clinic in a manner consistent with the representations made in the application and at the hearings before the Board;
  2. Regular hours of operation shall not exceed the following: Monday - Saturday from 8:00 AM to 9:00 PM and Sunday from 8:00 AM to 6:00 PM.
  3. The Applicant shall seek additional relief if the Massachusetts Attorney General rejects Warrant Article 20 of the 2015 Annual Town Meeting or modifies the same in a manner that the Zoning Administrator deems is material to this decision.

This decision shall not take effect until a copy of the decision bearing the certification of the Town Clerk, that twenty (20) days have elapsed since the decision has been filed in the office of the Town Clerk and no appeal has been filed, or that if such appeal has been filed, that it has been dismissed or denied, is recorded with the Plymouth Registry of Deeds and/or the Plymouth County Land Court Registry, and indexed in the grantor index under the name of the record owner or is recorded and noted on the owner’s certificate of title.

For The Board of Appeals,

__________________________________
Joseph M. Fisher
May 26, 2015