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NOTICE OF DECISION
SPECIAL PERMIT A2 MODIFICATION
IN THE MATTER OF:
Applicant and WSM Hingham Properties, LLC
Property Owner: 33 Boylston Street
Chestnut Hill, MA 02467
Premises: The Derby Street Shoppes
98 Derby Street
Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds, Book 30816, Page 261
Plan References: Plan entitled: "Employee Parking in the Shaded Areas
(Appendix B)," unstamped, undated, and marked up to demarcate proposed
location of two shade awnings and specifications for a wood pavilion to
be located at Hidden Ponds
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals (the "Board") on the
application of WSM Hingham Properties, LLC (the "Applicant") to modify
the existing Derby Street Shoppes Special Permit A2 dated February 10,
2003, as amended, under § III-A, 4.17 of the Zoning By-Law (the "Bylaw")
to install two canopies at 90 Derby Street in the Industrial Park and
South Hingham Development Overlay District. In conjunction with this
Special Permit A2 Modification, the Applicant simultaneously filed an
application with the Planning Board for Site Plan Review under § I-G and
§ I-I of the Zoning By-Law.
The Board of Appeals heard the application at a duly advertised and
noticed public hearing on January 14, 2015. The Planning Board heard the
Site Plan Review application at a duly advertised and noticed public
hearing on November 12, 2014. The Planning Board voted to conditionally
approve the Site Plan Modification. These conditions were amended by the
Planning Board at the request of the Applicant on March 2, 2015.
The Board of Appeals panel consisted of its regular members W. Tod
McGrath, Chairman, and Joseph M. Fisher and associate member Robyn
Maguire. During the hearing, the Applicant was represented by Carolyn
Kennedy, General Manager of Derby Street Shoppes. The Board voted at the
conclusion of the hearing to approve the requested Special Permit A2
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 AND DISCUSSION
The Derby Street Shoppes is a shopping center allowed by Special
Permit A2 under § III-A, 4.17 of the By-Law. The original permit was
issued by the Board in 2003 and has been modified on several occasions
since. The proposed plan calls for installation of two shade structures
within the center.
Hidden Pond Pavilion
The Board authorized the use of an onsite detention basin, known as
"Hidden Pond," in 2010 for seasonal entertainment, including ice skating
during the winter months and nature activities during warmer months.
This Special Permit Modification also allowed use of the detention basin
are for events during off-peak sale periods. The Applicant now
proposes to erect a 16' x 16' wood pavilion in the area of an existing
brick patio to offer shaded space for these permitted activities. The
additional structure would not expand existing use of the area.
REI Shade Awning
The Board also granted minor modifications in 2012 and 2014
authorizing the temporary installation of a canopy, approximately 10' x
23' in size, on the sidewalk in front of REI from April to November;
however, a condition of approval required the applicant to file an
application for a major modification if it planned to erect the awning
on "a more permanent yearly/seasonal basis."
Derby Street Shoppes now proposes to install the canopy annually
between the months of April and November. The awning will not interfere
with pedestrian traffic flow and will be securely bolted to the sidewalk
while in use.
Based on the information submitted and presented during the hearing,
and subject to satisfaction of the conditions set forth below, the Board
a. The proposed use will be in harmony with the general purpose and intent of the Zoning By-Law, for the following reasons:
The modifications as proposed are consistent with the scope and
purpose of the Zoning By-Law and the original Special Permit A2, as
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 structures comply with relevant setback requirements and
do not otherwise expand the allowed uses within the center.
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 chosen locations for both shade structures are appropriate for the approved seasonal uses.
d. The use as developed and operated will create positive impacts or
potential adverse impacts will be mitigated, for the following reasons:
There will be no adverse impact associated with the installation of the proposed shade structures.
e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:
The proposed structures will not interfere with pedestrian traffic
flow and will improve pedestrian experience within the center by
f. Adequate and appropriate facilities exist or will be provided for
the proper operation of the proposed use, for the following reasons:
The Project has adequate facilities for the previously approved uses and programming.
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 modifications will be consistent with the original Special Permit A2, as previously modified.
RULINGS AND DECISION
Upon a motion made by Joseph Fisher and seconded by Robyn Maguire, the
Board voted unanimously to APPROVE the Special Permit A2 Modification,
allowing the installation of a permanent wood pavilion at the Hidden
Pond and a seasonal shade canopy in front of REI, subject to the
1. In accordance with the provisions of the Hingham Zoning By-Law,
the conditions imposed in the Planning Board Site Plan Review decisions,
dated November 17, 2014 and revised March 2, 2015, are binding
conditions to this decision of the Zoning Board of Appeals.
2. The Applicant shall install a wood pavilion at the Hidden Pond
location that is consistent with the submitted specifications and a
canopy in front of REI that is consistent with what has previously been
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 County 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,