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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant: Black Rock Residential, LLC
c/o Northland Residential, LLC
20 Mall Road
Burlington, MA 01803
The Residences at Black Rock - Phase 4
Title Reference: Plymouth County Registry of Deeds,
Book 38053 Page
Plan References: Plans entitled “Blackrock Residential
Community, Phase Four Site Plan,” prepared by Hoyt Land
Surveying and Hardy Engineering, 1287 Washington St.,
Weymouth, MA, dated October 25, 2013, revised October 30, 2013,
Sheets 1-5 and "Proposed Lighting Photometric Plan," prepared by
Vincent DiIorio, Inc., 89 Access Rd # 18, Norwood, MA,
dated November 20, 2013, Drawing PH-1b.
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals on the application of Black Rock Residential, LLC
Northland Residential, LLC (“Applicant”) for a proposed minor
modification of Phase 4 of the Black Rock Development, which was
originally approved by the Board as a Residential Cluster Development,
pursuant to Section IV-D of the Zoning By-Law, in October 2000.
Board of Appeals heard the application during noticed public meetings
on October 28, 2013, November 4, 2013 and December 5, 2013. The Board of
Appeals panel consisted of its regular members Joseph W. Freeman,
Chairman, Joseph M. Fisher and W. Tod McGrath.
Board reviewed an application for Site Plan Approval in conjunction with
the Special Permit Modification pursuant to Section I-G and I-I of the
Zoning By-Law on November 20, 2013 and December 2, 2013.
October 27, 2000, the Zoning Board granted a Special Permit to Hingham
Resources, LLC to construct a Residential Cluster Development consisting
of 93 dwelling units and a 18-hole golf course. Section IV-D of the
Zoning By-Law provided property owners with the option of constructing
Cluster Developments, which could consist of single family and
multifamily dwellings with reduced lot area and frontage requirements.
Hingham Resources, LLC, at the time of initial application, sought
approval to construct predominately two and three-family structures with
several single family structures included in the mix.
development ownership changed from Hingham Resources to Black Rock
Development in 2003. Black Rock Development subsequently modified the
approved plans. A significant change included a shift from primarily two
and three unit buildings to single family homes, which was approved by
the Board during a regular meeting in July 2003 based on a finding that
the original permit left room for modification, as neither site design
nor architectural design was complete at that time. Finally, the Board
required that the developer return to present final plans for each phase
Black Rock Development submitted minor
modification requests for roadway and house layout plans within Phases 2
and 3; however, Black Rock Development then went bankrupt sometime
after beginning construction on Phase 4, but before returning to the
Board for approval of Phase 4 plans. Black Rock Residential, LLC is the
present owner and has operated since acquisition in December 2009 under
the assumption that all plans had been approved by the relevant
authorities. In fact, Black Rock Development had pursued an amended
Order of Conditions from the Conservation Commission as late as 2007,
but it appears that the last approved plans in the ZBA records dates
from 2005. Black Rock Residential has built out most of Phase 4 in
accordance with the plans approved by the Conservation Commission, and
in a manner consistent with the plans approved by the Board for Phases 2
and 3. Black Rock Residential, LLC c/o Northland Residential, LLC now
seeks a minor modification to correct the oversight, though there are
only eight units left to be constructed within Phase 4.
Residential Cluster Development By-Law was replaced in its entirety by
the Flexible Development By-Law in April 2001, though the Black Rock
Residential Cluster Special Permit was properly exercised prior to the
zoning amendment and remains in effect, as modified.
22, 2013, Shawn P. Hardy, P.E., Hardy Engineering, filed an application
for a minor modification of an existing Residential Cluster Development
Special Permit, issued October 27, 2000, as amended. The proposed
modification adjusts particular project details within Phase 4,
including: roadway and house layout, street lighting plan, and off
FINDINGS AND DECISION
In accordance with
Section I-G and I-I of the Zoning By-Law, the Hingham Planning Board
conducted Site Plan Review in connection with the application. The
Planning Board voted to conditionally approve the revised site plans for
Phase 4 on December 2, 2013.
Based on the information submitted
with the application and presented during the meetings, the Board finds
that the proposed changes to Phase 4 do not affect the general purposes
of the former Section IV-D - Residential Cluster Development of the
Zoning By-Law. The revised plans continue to meet the required findings
contained in Section IV-D, as follows:
a) Phase 4 of the Black Rock Residential Cluster Development will be in harmony with the general purpose of the By-Law;
Phase 4 of the development plan will not have a detrimental impact on
abutting properties as it continues to maintain the required setbacks
from adjacent properties and proposes no additional density beyond the
138-unit maximum previously permitted by the Board;
c) Phase 4 of the cluster plan will be designed with due consideration for health and safety.
The Applicant has added streetlights to those existing on the ground to
promote safety within Phase 4. The revised lighting design will also
minimizes light pollution from the site in accordance with conditions of
the Planning Board's Site Plan Approval.
Residential, LLC build out of the phase to date complies with the
Conservation Commission's 2007 Order of Conditions, but the Applicant
has also agreed to address drainage concerns raised during the meetings
by residents and members of the condominium trust and in accordance with
conditions of the Planning Board's Site Plan Approval.
Off-street parking areas, as revised, will adequately support the
development and will not pose safety issues. All units meet or exceed
parking requirements for residential uses.
d) Phase 4 as revised
will not affect the dedicated open space within the development as
initially approved and will continue to be built out in a manner
consistent with Phase 1, 2 and 3 of the development in terms of housing
styles and mix.
e) Phase 4 is consistent with the provisions of
Section I-G of the Zoning By-Law as evidenced by the Planning Board's
Site Plan Approval, granted December 2, 2013, and filed herein.
RULINGS AND DECISION
upon the findings set forth above, the Board of Appeals voted
unanimously to GRANT the minor Special Permit Modification subject to
the following general conditions:
1. All conditions of
previous Special Permit Decisions for the Premises remain in effect
unless specifically modified by this Decision.
2. Phase 4
will be constructed in accordance with the plans submitted with the
application, incorporated by reference herein, and the representations
made at the public hearing.
3. The decision of the Planning
Board entitled “Notice of Decision, Site Plan Review in Association with
a Modification to the Special Permit A2," dated December 2, 2013, is
attached hereto and incorporated herein. In accordance with the
provisions of the Hingham Zoning By-Law the conditions imposed in the
Planning Board decision are binding conditions to this decision of the
Zoning Board of Appeals.
For the Board of Appeals,
Joseph W. Freeman, Chairman
December 11, 2013