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TOWN OF HINGHAM
BOARD OF APPEALS
NOTICE OF DECISION
SPECIAL PERMIT A2
IN THE MATTER OF:
Applicant: Frederic Sontag-Campbell
1062 Canterbury St.
Boston, MA 02131
Property Owner: South Shore Industrial Park Trust
20 Winthrop Square
Boston, MA 02110
Premises: 3 Pond Park Rd.
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds, Book 3608, Page 314
Plan References: Plans entitled “Site Plan Parking Layout Sheet," prepared by Outback Engineering, Inc., 461 East Grove Street, Middleborough, MA, dated January 28, 2013, Sheet 1 and "Site Plan Proposed Layout Detail Sheet," dated January 18, 2013, Sheet 3.
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals on the application of Frederic Sontag-Campbell for a Special Permit A2 under §III-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 allow for the location of a Health Club (Use 4.12A), consisting of a rock climbing and tumbling gym, through a 5,000 SF interior tenant build out of an existing industrial building at 3 Pond Park Road, located in the Industrial Park District and South Hingham Overlay 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 W. Freeman and Joseph M. Fisher 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 Richard Beale, A.W. Perry, and Frederic Sontag-Campbell.
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 premises consist of a 4.89 acre parcel in the Industrial Park and South Hingham Development Overlay District. There are wetlands in the southerly part of the site. There is an existing 40,000 SF building with associated parking and utilities on the premises.
The Applicant is seeking to locate rock climbing and tumble gym in an existing 5,000 SF space within the building. The Applicant described the business, showing the Board a mock-up of both the rock climbing walls and tumble track. He indicated that the business's peak hours will differ for other uses in the building. The facility will be used primarily between the th ehours of 1:00pm and 9:00pm.
After discussion, the Planning Board voted to waive Site Plan Review in association with the Special Permit A2 for the proposed use.
Based on the information submitted and presented during 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 Health Club Use is allowed by Special Permit within the Industrial Park. The proposed use is also consistent with the objectives of the South Hingham Overlay District, which seeks to encourage development without overburdening the infrastructure within that district.
b. The proposed use complies with the purposes and standards of the relevant specific sections of this By-Law, for the following reasons:
No alteration to the footprint of the existing building is proposed. 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 as all proposed work is interior to the existing, permitted building.
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 proposed Health Club use. The footprint of the existing building will not be altered in connection with the proposed use.
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 existing footprint of the building is not to be altered in any way and the existing site provides adequate parking for the proposed use.
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:
All alterations for the Rock Climbing/Tumble Track Gym tenant will be contained within the interior portions of the existing building.
RULINGS AND DECISION
Based upon the findings set forth above, the Board of Appeals voted unanimously to GRANT the a Special Permit A2 to allow for the Health Club subject to the following conditions:
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,
Joseph W. Freeman
August 5, 2014