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Town of Hingham
Board of Appeals

TOWN OF HINGHAM
Board of Appeals

DECISION
SPECIAL PERMIT A2

IN THE MATTER OF:

Applicants: Norfolk Downs Realty Trust and 185 Thomas Burgin Parkway Trust James M. Drew, Jr. and Susan Drew, Trustees
191 Beal Street
Hingham, MA 02043

Premises: 191 Beal Street
Hingham, MA 02043

Title Reference: Plymouth County Registry of Deeds, Land Court Cert. #107464, Book 537, Page 64

Plan Reference: "Site Plan, 191 Beal Street, Hingham," prepared by Cavanaro Consulting, 687 Main Street, Norwell, MA, dated May 27,2014, revised July 28, 2014, Sheets 1-2

SUMMARY OF PROCEEDINGS:
This matter came before the Board of Appeals on the application of James M. Drew, Jr. and Susan Drew, Trustees of the Norfolk Downs Realty Trust and 185 Thomas Burgin Parkway Trust ("Applicants"), for a Special Permit A2 under § IV-A of the Zoning By-Law, with Site Plan Review under § I-G and § I-I and a Special Permit A3 Parking Determination under § V-A to be done by the Planning Board, and such other relief as necessary to construct a 5,500 SF, single story addition to an existing multi-tenant industrial building at 191 Beal Street in the Industrial District.

The Board of Appeals and Planning Board heard the application at a duly advertised and noticed joint public hearing on Monday, July 28, 2014. The Board of Appeals panel consisted of its regular members Joseph M. Fisher, Acting Chairman, and Joseph W. Freeman and associate member Alan Kearney. Planning Board members present were Gary Tondorf-Dick, Chairman, Judy Sneath, Bill Ramsey, Walter Sullivan and Sarah Corey.

The Applicant was represented by Attorney Jeffrey A. Tocchio, John Cavanaro, P.E., and Jerry Seelen, R.A. The Applicants were also in attendance.

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 subject property is approximately 97,010 SF in size. The Applicant proposes construction of a 5,500 SF, single story addition on the northwest corner of an existing multi-tenant industrial building at the corner of Beal Street and Churchill Road in the Industrial District. The proposed addition would increase the floor area ratio ("FAR") from 34.2% to 39.9%. An increase in FAR above 35% up to a maximum of 50% requires a Special Permit A2 in the Industrial District.

The application narrative describes the appearance of the proposed addition as similar to that of the existing structure and in keeping with the character and scale of surrounding industrial properties. The new space would be utilized for both a contractor shop (3,272 SF) and additional warehousing (2,228 SF). Thirteen (13) parking spaces along Churchill Rd. and the rear property line will be relocated to accommodate access to three proposed overhead doors in the addition and circulation around the building. The Fire Prevention Officer submitted a letter to the Board verifying that the proposed plan provides adequate access for fire fighting. Most of the proposed improvements are located in previously paved areas. The plan is expected to improve stormwater treatment and runoff overall.

At the end of its hearing the Planning Board voted to waive Site Plan Review in association with a Special Permit A2 for the project and conditionally to grant a Special Permit A3/Parking Determination.

FINDINGS:
The Board reviewed the Special Permit Approval Criteria as follows:

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 addition will support allowed uses in the Industrial Park.

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 plan complies with the relevant special requirements of the Schedule of Dimensional Requirements. The Planning Board determined that the existing site provides the requisite parking for the proposed use and voted to waive its Site Plan Review 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 Property is an appropriate location for the expanded industrial use and the design will improve the overall use of the site.

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 the proposed expansion is not expected to generate additional traffic. No new lighting is proposed on portions of the building that are located across the street from Residence E.

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 has adequate facilities for the operation of the existing uses within the building.

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 plan meets accepted design standards.

DECISION and CONDITIONS:
Upon a motion made by Joseph Freeman and seconded by Alan Kearney, the Board voted unanimously to GRANT the a Special Permit A2 to allow the proposed construction which will result in a FAR of approximately 0.4 (39.9%) subject to the following conditions:

1. The use shall be operated in accordance with the plans submitted with the application and the representations made at the public hearing.

This Decision shall not become effective until (i) the Town Clerk as certified on a copy of this decision that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that if such an appeal has been filed, that it has been dismissed or denied, and that (ii): a copy thereof has been duly recorded in the Plymouth County Registry of Deeds and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title.

For the Town of Hingham
Board of Appeals,