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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant: Secret Physique Studio, LLC
1330 Corporate Park Drive
Pembroke, MA 02359
Property Owner: South Shore Industrial Park Trust
20 Winthrop Square
Boston, MA 02110
Premises: 35 Pond Park Road
Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds, Book 8208, Page 258
SUMMARY OF PROCEEDINGS:
This matter came before the Board of Appeals on the application of Secret Physique Studio, LLC (lessee), 1330 Corporate Park Drive, Pembroke, MA (the “Applicant”) for a Special Permit A2 under §III-A, 4.12A of the Zoning By-Law and such other relief as necessary to allow for a dance/fitness studio to be located in a portion of the building at 35 Pond Park Road (the “Property”), in the Industrial Park and South Hingham Development Overlay District, along with Site Plan Review under §I-G and §I-I and a Special Permit A3 parking determination both to be done by the Planning Board.
The Board of Appeals and Planning Board heard the application at a duly advertised and noticed joint public hearing on Thursday, August 30, 2012. The Board of Appeals panel consisted of its regular members Joseph M. Fisher, Chairman, and W. Tod McGrath and associate member Alan M. Kearney. Planning Board members present were Judy Sneath, Chairman, William Ramsey, Sarah Corey and alternate member James Costello. The Applicant was represented by studio owner Jennifer Anania.
BACKGROUND:
Located on the Property is an existing 47,800 square foot industrial building which is divided into 20 bays, each approximately 2,400 square feet. Current uses in the building include warehousing, manufacturing and general business enterprises. The Applicant is proposing to operate a fitness/dance studio in Bay 10, which is approximately 2,400 square feet. The Applicant represented she operates two other successful studio locations on the South Shore.
No alteration to the footprint of the existing building is proposed, nor is any construction outside of the building proposed. The Property's current ingress and egress access, as well as the Property's current traffic circulation, are not to be altered in connection with the proposed use. The proposed use will require a fire protection permit to relocate sprinkler heads.
The Applicant explained to both Boards the daily operation of the proposed business. There will be several different types of classes that will be held, which Ms. Anania believes will consist of an average of 12-15 people per class. Hours of operation proposed to be no earlier than 6:00 a.m. until no later than 9:00 p.m. The Applicant stated that the parking lot was very well lit, and therefore safety issues should not be of concern.
After reviewing the criteria, the Planning Board voted to waive the requirement for Site Plan Review.
The Planning Board reviewed the criteria for the Special Permit A3 parking requirements. The parking lot is striped for 136 spaces, including 3 handicapped spaces. Total parking requirement for the building, as currently occupied, is 110 spaces; the proposed use will require 12, increasing the parking requirement to 122 spaces, leaving a surplus of 14 spaces. At this time, only Bay 14 (4,800 square feet) will be left unoccupied at this site. Subsequently, the Planning Board voted to GRANT a Special Permit A3 relative to the operation of a dance/fitness studio.
During the course of the hearing, no abutters or members of the public spoke in favor or in opposition to the application.
FINDINGS and DECISION:
After hearing the decision by the Planning Board on both the Site Plan Review and Special Permit A3, the Board of Appeals and the Applicant primarily discussed the hours of operation for the proposed use along with the site lighting.
Based on the information submitted and received at the hearing, and on other information available to the Board, the Board made the following findings:
- The operation of the proposed dance/fitness studio use is in harmony with the general purposes and intent of the Zoning By-Law.
- The proposed use complies with the applicable purposes and standards of the Zoning By-Law.
- The Property is an appropriate location for the operation of the proposed dance/fitness studio use.
- The potential adverse impacts of the operation of the dance/fitness studio use will be adequately mitigated.
- The operation of the proposed dance/fitness studio use will not create a nuisance or serious hazard to vehicles or pedestrians.
- Adequate and appropriate facilities will be provided for the proper operation of the dance/fitness studio use.
Therefore the Board of Appeals voted unanimously to GRANT the requested Special Permit A2 to allow for a dance/fitness studio to be located in a portion of the building at 35 Pond Park Road, subject to the following conditions:
- The hours of operation shall be no earlier than 6:00 a.m. to no later than 9:00 p.m.
- The decision of the Planning Board, dated September 4, 2012, regarding Site Plan Review as well as Special Permit A3 is referenced and incorporated with this Board of Appeals Special Permit A2 decision.
The zoning relief granted herein shall not become effective until (i) the Town Clerk has 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, it has been dismissed or denied, and (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 Board of Appeals,
__________________________
Alan M. Kearney
September 26, 2012
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