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TOWN OF HINGHAM

BOARD OF APPEALS

IN THE MATTER OF:

Owner/Applicant:                 Samuels & Associates Hingham LLC (“Samuels”)

333 Newbury Street

Boston, MA 02115

Premises:                                Hingham Shipyard

349 Lincoln Street

Hingham, MA  02043

Deed Reference:                    Plymouth Registry of Deeds, Book 32846, Page 122-124

Summary of Proceedings:

This matter came before the Zoning Board of Appeals (the “Board”) on the application of Samuels & Associates Hingham LLC (the “Applicant”) for a Major Amendment to the existing Mixed-Use Special Permit and Site Plan Review issued to Sea Chain, LLC, dated May 12, 2003, as subsequently amended, under §I-G, §I-I and §IV-G of the Zoning By-Law and such other relief as necessary to construct a new 12,000sq.ft. retail building at the Building A parking lot, Lot 1, to be located at The Launch at Hingham Shipyard, 349 Lincoln Street (the “Project),  in the Industrial District.

A joint public hearing of the Zoning Board of Appeals and Planning Board was duly noticed and held on September 18, 2012 with a continuation hearing held on October 22, 2012.  The public hearings and deliberations were conducted by a panel consisting of regular members Joseph M. Fisher, Chairman, Joseph W. Freeman and W. Tod McGrath.  The Planning Board members present were Judy Sneath, Chairman, Sarah Corey, Paul Healey, Gary Tondorf-Dick and William Ramsey.  The Applicant was represented by Michael Fitzpatrick, Project Manager.

Background and discussion:

On June 6, 2007, the Zoning Board of Appeals issued the Applicant a decision which modified the May 12, 2003 Mixed-Use Special Permit so as to allow for the development of “The Launch at Hingham Shipyard” within the larger Shipyard site.  The Applicant has submitted a request for a Major Modification that will add an approximately 12,000 square foot retail building in the Building A Parking Lot (Lot 1), within the Samuels portion of the site.  The initial use of the building is contemplated to be a specialty grocer.  In accordance with subsection C of Condition #3 of the Mixed-Use Special Permit (as amended), this change qualifies as a Major Modification.

As part of the joint hearing process, and in accordance with Section IV-G and I-I of the Zoning By-Law, the Hingham Planning Board conducted Site Plan Review in connection with the application for a Major Modification to the Mixed-Use Special Permit and to the existing Special Permit A3 for the project.  The Planning Board also consulted with Jeffery Dirk of Vanasse and Associates, who acted as a consultant to the Planning Board.  Mr. Dirk suggested several revisions aimed at updating the snow storage, boat storage and parking designation plans for the project as a whole.  Mr Dirk’s recommendations were satisfactorily incorporated into revised snow storage, boat storage and parking designation plans, which were submitted to the Board for review and were approved.  The Board of Appeals received the Planning Board’s Site Plan Approval for the proposed modification, the conditions of which have been incorporated herein and is attached at Exhibit A.

During the hearing process, Board members and the Applicant discussed hours of operation.  Members of the Board expressed a concern that the new building not be open to the public on a twenty-four hour basis given the mixed-use nature of the Project.  However, the Board also acknowledged that many of the uses in the project do have extended hours of operation.  Also discussed were loading and delivery activities.  Members of the Board wanted to ensure that trucks entering the site did so under safe and appropriate manner, especially during hours when the building is open to the public.  Mr. Dirk made several recommendations relating to the loading and delivery activity, all of which were adequately incorporated into the revised site plan submitted by the Applicant.

The Board and the Applicant also discussed the building architecture along with the Historical Interpretation Program throughout the entire Shipyard Project.  The Applicant has agreed to install and maintain historic panels on the façade of the new building.

rulings and decision:

At the conclusion of the public hearing the Board voted to GRANT the Major Amendment to the existing Mixed-Use Special Permit, as amended, subject to the following conditions:

1. The construction of a new 12,000sq.ft. retail building shall be done in substantial accordance with the plans submitted with the application, as subsequently revised, and the representations made at the public hearing

1. The Decision of the Planning Board entitled “Notice of Decision, Site Plan Approval in Connection with Modification to the Amended Mixed-Use Special Permit for the Hingham Shipyard is attached hereto and incorporated as Exhibit “A”.  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.

1. The new building approved hereunder shall not be open to the public between the hours of 12:30 a.m. and 6:00 a.m.

1. All exterior building lighting on the new building, including the historic panels, must be adequately maintained.

1. “Loading Zone” signage must be added to the loading area on the north side of the new 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 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

                                                                        November 16, 2012

 Planning Board Decision

c. 39, Section 23D in order to participate in the continued hearing.  The Planning Board also consulted with Jeffery Dirk of Vanasse and Associates, who acted as a consultant to the Planning Board pursuant to Section I-J (2) and John Chessia of Chessia Consulting Services, LLC, who acted as a consultant pursuant to Section I-I (2) of the Zoning By-Law.

Project Description and Findings

The Applicant is requesting a modification to the Mixed-Use Special Permit for the Hingham Shipyard in order to add a 12,000 s.f. retail building in the parking lot west of Building A with associated parking, loading, and landscaped areas.

Board members reviewed the project in accordance with the Site Plan Criteria contained in Section I-I (6) as follows:

1. protection of abutting properties against detrimental uses by provision for surface water drainage, fire hydrant locations, sound and site buffers, and preservation of views, light and air, and protection of abutting properties from negative impacts from artificial outdoor site lighting;

      The Board concurred that, as proposed, the redevelopment complies with all use and intensity regulations, and will not result in adverse impacts on abutting properties.

1. convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets; the location of driveway openings in relation to traffic or to adjacent streets, taking account of grades, sight distances and distances between such driveway entrances, exits and the nearest existing street or highway intersections; sufficiency of access for service, utility and emergency vehicles;

The Board focused discussion on the safety and convenience of on-site traffic and circulation. The Project Application included a Traffic Study prepared by Vanasse Hangen Brustlin, Inc., which summarized the project's potential on and off-site traffic impacts. The Board's consulting engineer, Jeffrey S. Dirk of Vanasse and Associates, Inc. (VAI) reviewed this study and found the analysis to be consistent with the methodology that was used to complete the prior assessments for the project and VAI is in agreement with the information presented therein and the overall conclusion that sufficient capacity is afforded on the transportation infrastructure serving the project site to accommodate the proposed retail/specialty grocery store.

The building will be located in parking lot 1, of which the majority is underutilized.  The Applicant is planning to change the Essington Drive geometry/alignment for the section of roadway that is located along the parking lot frontage associated with this new building. The change will provide increased sight lines along Essington Drive as well as the addition of a sidewalk to improve pedestrian safety in this area.

1. adequacy of the arrangement of parking, loading spaces and traffic patterns in relation to the proposed uses of the premises; compliance with the off-street parking requirements of this By-Law;

As the proposed project requires a modification to the existing Special Permit A3 Parking Determination for the Hingham Shipyard, discussion of parking was reserved to that hearing and reference is made the decision of the Planning Board in connection therewith.

1. adequacy of open space and setbacks, including adequacy of landscaping of such areas;

The Board approved of the proposed landscaping shown on the plan entitled “Retail/Speciality Grocer, Hingham, MA, Landscape Plan,” drawing L-1, dated August 3, 2012 and revised thru October 11, 2012, prepared by William Fleming Associates,  and RJO’Connell & Associates, Inc.  See condition #2

1. adequacy of the methods of disposal of refuse and other wastes resulting from the uses permitted on the site;

Refuse pick-up will be located at the loading dock on the north side of the building, and will be handled consistent to the Site Plan Review of the other signature buildings of Hingham Shipyard.

1. prevention or mitigation of adverse impacts on the Town's resources, including, without limitation, water supply, wastewater facilities, energy and public works and public safety resources;

The Board concurred that, as proposed, the redevelopment will not result in additional demands on Town resources.  The Applicant stated they had completed the process with Aquarion and would continue to work with the Sewer Commission to devise a mitigation plan, similar to past plans, such as, additional manhole rehabilitation projects.

1. assurance of positive stormwater drainage and snow-melt run-off from buildings, driveways and from all parking and loading areas on the site, and prevention of erosion, sedimentation and stormwater pollution and management problems through site design and erosion controls in accordance with the most current versions of the Massachusetts Department of Environmental Protection's Stormwater Management Policy and Standards, and Massachusetts Erosion and Sediment Control Guidelines.

The applicant represented that previously approved drainage scheme for this area has more than sufficient capacity to handle stormwater drainage and snow-melt runoff from the building, driveways, parking, walkways, etc.

i.    protection of natural and historic features including minimizing: the volume of cut and fill, the number of removed trees of 6 inches caliper or larger, the removal of stone walls, and the obstruction of scenic views from publicly accessible locations;

In terms of the requirement for a historic/interpretive element for all areas within the Shipyard, the Applicant proposes to include historic panels as shown on plans entitled "Samuels & Associates, The Launch at Hingham Shipyard, Elevation Study," dated August, 15, 2012 sheet SK-1 and August 20, 2012, sheet dated August 20, 2012, Exterior Elevation sheets (4), prepared by Pullman Architects, P.C.

1. minimizing unreasonable departure from the character and scale of buildings in the vicinity or as previously existing on or approved for the site.

The Board approved of the building elevations shown on the plans entitled "Samuels & Associates, The Launch at Hingham Shipyard, Elevation Study," dated August, 15, 2012 sheet SK-1 and August 20, 2012 sheet dated August 20, 2012, prepared by Pullman Architects, P.C.

DECISION AND VOTE

It was moved, seconded and SO VOTED to grant site plan approval for the Application and associated plans described on Exhibit A (collectively, the "Site Plan") for the 12,000 s.f. retail building proposed in the parking lot west of Building A, in connection with the requested modification to the Special Permit A2 for the Hingham Shipyard Mixed-Use Development subject to the following conditions:

1. A revised Snow Storage plan shall be submitted to the Planning Board as required under the decision issued by the Planning Board of even date herewith modifying the Special Permit A3 Parking Determination for the project.
2. Prior to issuance of a building permit, the Landscape Plan listed in Exhibit A shall be revised to relocate trees blocking the view of historical panels located along Lincoln Street to the back area of the parking lot and the revised plan shall be submitted to the Planning Board.
3. The applicant will relocate the original Eagle [with plaque below] formerly located on the westerly side of the GSA building (and temporarily stored in the DCR building first floor entrance of the Hingham Shipyard) to the new specialty grocery store facing Lincoln Street.  The Eagle shall be located on the southerly face of the newly permitted store in a manner suitable to the Planning Board.

_____________________________

Judith S. Sneath

Chairman, Hingham Planning Board

NOTARIZATION

EXECUTED this ____ day of November, 2012

Commonwealth of Massachusetts

Plymouth, ss                                                                                  November _____, 2012

Then personally appeared William Ramsey, Clerk of the Hingham Planning Board, and acknowledged the foregoing to be the free act and deed of said Board.

___________________________

Karen M. Clancy, Notary Public                        My Commission Expires:  July 22, 2016

Exhibit A

Elevation Study SK-1, SK-2, (2 sheets)dated 8/15/12, prepared by Pullman Architects, P.C.

Landscape Plan L-1, dated 8/3/12, prepared by RJO'Connell & Associates, Inc.

Parking and Traffic Control Plan C-4, dated 8/3/12, prepared by RJO'Connell & Associates, Inc.

WB-67 Truck Maneuvering Plan, Drawing No. TT-1, dated 8/3/12, prepared by RJO'Connell & Associates, Inc.

WB-67 Truck Maneuvering Plan, Drawing No. TT-1A, dated 10/9/12, prepared by RJO'Connell & Associates, Inc.

Fire Truck Maneuvering Plan TT-2, dated 8/3/12, prepared by RJO'Connell & Associates, Inc.

Dumpster Truck Maneuvering Plan TT-3, dated 8/3/12, prepared by RJO'Connell & Associates, Inc.

Lease Outline Drawing LOD 2, dated 8/20/12, prepared by Pullman Architects, P.C.