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Board of Appeals

TOWN OF HINGHAM
Board of Appeals

SPECIAL PERMIT A1 DECISION

IN THE MATTER OF:

Applicant and Hingham Municipal Lighting Plant
Property Owner: 350 Lincoln Street
Hingham, MA 02043

Premises: 5.7 +/- acre portion of the 26.21 +/- acre parcel located at 31 Bare Cove Park Drive, at Map 69, Lot 44 Town of Hingham, recorded with the Plymouth County Registry of Deeds at Book 3961, Page 701. The overall parcel is identified as the "School Tract IV" parcel (the "Property")

Deed Reference: Plymouth County Registry of Deeds Book 3961, Page 701

Plan Reference: Plan set entitled, "Hingham Municipal Lighting Plant, New Operations Center," prepared by Symmes Maini & McKee Associates, 100 Massachusetts Avenue, Boston, MA and Helene-Karl Architects, Inc., 61 Skyfields Dr., Groton, MA , dated May 8, 2014 and revised through November 7, 2014, Sheets T1, C-101-102, C-111, C-121, C-141, C-501- 504, L-1.1, A-1.1. A-3.1-3.2, and E-1.0-2.0

SUMMARY OF PROCEEDINGS:

This matter came before the Board of Appeals (the "Board") on the application of Hingham Municipal Lighting Plant ("HMLP" and/or the "Applicant") for a Special Permit A1 under Section I-F of the Hingham Zoning By-Law (the "By-Law"), to construct a utility operations center, approximately 24,000 square feet in size, on a 5.7 +/- acre portion of the 26.21 +/- acre parcel located at Map 69, Lot 44 Town of Hingham, recorded with the Plymouth County Registry of Deeds at Book 3961, Page 701. The overall parcel is identified as the "School Tract IV" parcel (the "Property").

An initial public hearing was duly noticed and held on October 15, 2014, at the Town Hall, 210 Central Street. The Board panel consisted of W. Tod McGrath, Chairman, Joseph M. Fisher, Vice-Chairman, and associate member Mario Romania, Jr. The Applicant was represented by Paul Heanue, HMLP General Manager, Attorney Jeffery A. Tocchio of Drohan Tocchio & Morgan, P.C., Jeffrey S. Dirk, P.E., PTOE, FITE of Vanasse & Associates, Inc., Peter S. Glick, P.E. of Symmes Maini & McKee Associates, James P. Murphy, LSP of Tracey Environmental, and Gregg Yanchenko of Helene-Karl Architects, Inc. The Board held a second public hearing on November 19, 2014. Paul Brogna, Seacoast Engineering, performed engineering peer review on behalf of the Board. The Board voted unanimously to grant a Special Permit A1 for the Project at the November 19, 2014 hearing.

BACKGROUND:

The Applicant proposes to construct an approximately 24,000 square foot operations center which will provide garaging, storage, administrative offices and customer service areas, related directly to the public utility function of HMLP. The proposed uses constitute a consolidation of uses presently undertaken at several locations within the Town. Customer and business access shall be provided via an existing internal driveway, which will be upgraded to accommodate safe access for customers of HMLP and safe egress for the abutters at Adams Court. Large truck and delivery access shall be provided at the existing westerly DPW Facility curb cut on Bare Cove Park Drive. HMLP also sought and obtained an Order of Conditions from the Conservation Commission, Site Plan Approval and a Special Permit A3: Parking Determination from the Planning Board.

FINDINGS and DECISION:

Based upon the information submitted and received at the hearings, and other information available to the Board, the Board has determined that:

a. The proposed use of the site is in harmony with the general purpose and intent of this By-Law because construction of public utility buildings/structures in the Official and Open Space Zoning District is expressly allowed by Special Permit A1 under Section III-A (3.10) of the By-Law, and is consistent with the Department of Public Works (DPW) use located elsewhere on the parcel;

b. The proposed use complies with the purposes and standards of the relevant specific sections of this By-Law. The proposed operations center is a public utility building/structure and is a use allowed by a Special Permit A1 under Section III-A (3.10) of the By-Law; the proposed operations center meets the dimensional requirements under Section IV-A of the By-Law; and HMLP has engaged in and obtained Site Plan Approval and a Special Permit A3: Parking Determination from the Planning Board, as well as an Order of Conditions from the Conservation Commission;

c. The specific site is an appropriate location for such use, structure, or condition, compatible with the characteristics of the surrounding area. The Property is adjacent to an existing DPW Facility which is located at an elevated grade. The grade change will effectively block most light and sound from residential properties located to the east. The Proposed Project is consistent with the existing use of School Tract IV, which serves a substantial benefit to the Town through the operation of the DPW Facility;

d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated. The HMLP operations center will provide a positive impact to the Town through provision of services that will be safe and well-designed for both customers, visitors and employees of the public utility. The Project is specifically designed to mitigate potential adverse impacts by improving access to the DPW Facility, maintaining safe egress for those neighbors using Adams Court, and improving safety by separating DPW trucks from HMLP customer traffic. Moreover, the design and the operation of site lighting will minimize the effects of light impacts during evening hours. The site is currently disturbed by historic foundations and open areas, adjacent to wetland resources. The Proposed Project will stabilize the site, control uses, and drainage shall be constructed to conform to the Stormwater Management Standards;

e. There will be no nuisance or serious hazard to vehicles or pedestrians. The proposed improvement of the existing internal driveway will improve transportation access to the Property, including access to the DPW Facility, and egress from Adams Court; the existing roadway will be rehabilitated and improved (widened) to convey two-way traffic between the DPW Facility driveway and the Project Site, while improving safer one-way egress from Adams Court. In addition, a connector roadway will be constructed to link the service and maintenance facility portion of the Project to the driveway that serves the DPW Facility service and maintenance facility; this proposed access configuration compliments the access and circulation patterns for the DPW Facility and improves safety by efficiently separating DPW truck traffic from customer vehicles. Vanasse Associates, Inc. concluded in its Transportation Impact Assessment ("TIA") that the additional traffic demands associated with the Project can be accommodated within the confines of the existing and improved transportation infrastructure with implementation of the specific recommendations detailed in the TIA. As such, the Project will not create a nuisance or serious hazard to vehicles or pedestrians;

f. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use. As detailed in the Plans submitted to the Board, the Proposed Project is specifically designed to allow safe access to the Property, and will include sufficient parking, and provide stormwater management; all of the facilities included in the proposed project are consistent with the public utility function of HMLP. All utilities are, or will be, available to service the site; and

g. The proposal meets accepted design standards and criteria for the functional design of facilities, structure, stormwater management, and site construction. As set forth in the Plans submitted to the Board, the proposed operations center meets the dimensional requirements under Section IV-A of the By-Law and HMLP has sought and obtained Building Permit Site Plan Approval and a Special Permit A3 from the Planning Board, as well as an Order of Conditions from the Conservation Commission.

For the reasons set forth above, the Board voted unanimously to grant a Special Permit A1 under Section I-F of the By-Law approving construction of a utility operations center, approximately 24,000 square feet in size, on a 5.7 +/- acre portion of the 26.21 +/- acre parcel located at Map 69, Lot 44 Town of Hingham, recorded with the Plymouth County Registry of Deeds at Book 3961, Page 701, subject to the following conditions:

1. The Applicant shall construct the Project in a manner consistent with the approved plans and the representations made during the hearings.

2. The HMLP shall mitigate noise by installing ambient noise level self-adjusting back-up alarms on all of its vehicles equipped with back-up alarms to minimize the level of noise generated from such alarms, if so determined necessary at the time of the traffic monitoring program report review required as a condition of the Planning Board's Site Plan Approval.

3. All garage doors in the building shall be kept shut if work is being performed on vehicles or equipment at night.

4. To the greatest extent possible, all work performed on vehicles and equipment will be performed inside the HMLP building. Pneumatic power tools (air driven wrenches, etc) shall not be used outside the building.

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.