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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant: Best Chevrolet, Inc.
128 Derby Street
Hingham, MA 02043
Property Owner: Perry 100 Research Road LLC
20 Winthrop Square
Boston, MA 02110
Premises: 100 Research Road
Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds
Land Court Certificate of Title No. 108999, Book 544, Page 199
SUMMARY OF PROCEEDINGS
This
matter came before the Board of Appeals on the application of Best
Chevrolet, Inc. (lessee, the “Applicant”), 128 Derby Street, Hingham,
MA for a Special Permit A2 under §III-A, 5.2 of the Zoning By-Law and
such other relief as necessary to allow for automobile service and
repair in a portion of the building at 100 Research 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, December 15, 2011. The Board of Appeals panel consisted of
its regular members W. Tod McGrath, Chairman, Joseph M. Fisher and
Joseph W. Freeman. Planning Board members present were Judy Sneath,
Acting Chairman, Paul Healey, Bill Ramsey and alternate member James
Costello. The Applicant was represented Attorney Jeffery Tocchio and
Jerry Seelen, AIA, Roth and Seelen Architects.
BACKGROUND
The
Property, which is approximately 6.39 acres, is located at the
cul-de-sac of Research Road in the South Shore Industrial Park and is
serviced by municipal sewer. The Applicant proposes to use
approximately
15,650 sq.ft. of the existing 99,500 sq.ft. industrial
building for wholesale parts warehousing, with supporting existing
loading docks and 2,100 SF of office area, uses allowed under Section
III-A 6.1. The combined uses will employ up to 30 people, and retail
clients and customers are not expected to visit the site. The proposed
uses will be a relocation of uses existing at Best’s 128 Derby Street
automotive dealership, and customer intake, payment, and delivery
functions will remain at the automotive dealership.
There
are two current tenants in the building, which will remain; Venus Wafers
(10 employees) and Plastocor (8 employees). A survey plan prepared by
the BSC Group in 1999 shows the entire site striped for 144 parking
spaces, including 3 handicap spaces. There are 62 spaces currently
existing at the east and south sides of the building, adjacent to the
portion of the Property the Applicant is leasing, including 3 handicap
spaces.
DISCUSSION AND FINDINGS:
As part of the joint
hearing process, and 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 also voted to issue
a Special Permit A3 for the proposed parking as the Applicants use of
the Property results in a reduction of 26 spaces as calculated under
Section V-A. Board of Appeals members benefited from hearing the
Planning Board’s comments on the parking issues and its final
determination on the Special Permit A3 and approval of the site plan
with conditions, both of which are incorporated herein by reference.
The
Applicant proposes to add an overhead door at an exterior wall on the
building’s south side. Automobiles awaiting service shall be stored on a
designated portion of existing paved area north of the building
(proximate to an existing roll-up door accessing the body repair area),
and a corrugated cardboard compactor and screened dumpsters are proposed
to be located on areas of existing pavement north of the building as
shown on a plan entitled “Best Chevrolet Parts &Body Shop Facility,
100 Research Road, Hingham, MA”, by Roth & Seelen, Inc., dated
11/14/11 (“Best Concept Plan”). Parts delivery and transportation shall
be made via an existing 3-door, loading dock.
The Board of
Appeals and the Applicant discussed public access to the building, the
drainage system, municipal water and sewer and the letter the Board
received from Board of Health (with comments relating to floor drains,
spray booth, flammable and volatile materials on site and solid waste
disposal) along with comments from Fire Department.
Based on
the information submitted and received at the hearing, and on other
information available to the Board, 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
parts warehousing is a use allowed as of right in the Industrial Park
District, and the existing building is designed specifically to
accommodate such industrial uses. The repair operations will be
undertaken within the existing industrial space, which will require an
internal build-out, with specialized equipment, pursuant to all building
code requirements. The proposed use will utilize existing industrial
space, with utilities and infrastructure in place and designed
specifically for industrial uses. 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. Construction outside of the building
will be limited to enclosures for dumpsters as shown on plans submitted
and the addition of one additional overhead door. The Planning Board
has voted to issue a Special Permit A3 for the proposed parking which
meets the requirements of Section
V-A of the By-Law.
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 uses as the building currently
houses both manufacturing and commercial warehouse tenants. The
footprint of the existing building as well as all existing ingress and
egress access to the Property will not be altered in connection with the
proposed use. The building is surrounded by existing paved areas which
will remain in place.
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 (1) the existing footprint of the building
is not to be altered in any way, (2) the proposed use results in an
excess of available parking, and significantly reduces the off-street
parking requirement of the Property from 58 spaces to 32 spaces, and (3)
the proposed uses are consistent with other similar uses within the
Industrial Park District.
e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:
The
Property’s current ingress and egress to Research Road will not be
altered. The existing loading dock will remain in place and will be
used as it exists. A single roll-up door is proposed which will allow
for access to the south parking area, and there will be direct access to
an existing travel lane. Off-site, the recently installed traffic
light at the Derby Street/Pond Park intersection will significantly
improve operations and safety at that intersection. Furthermore, the
Applicant has provided information which demonstrates that (1) the
property currently enjoys a significant excess of available off-street
parking, (2) that the proposed use of the Property is a significant
reduction of the prior parking calculations for the Property, and will
generate a parking need which is within the existing parking capacity of
the site, and (3) that there remains ample existing paved areas
available for parking expansion to accommodate any future changes in
need.
f. adequate and appropriate facilities exist or will
be provided for the proper operation of the proposed use, for the
following reasons:
The Property is served by municipal sewer
which accesses the MWRA system via Weymouth. The Applicant will install
one compactor for corrugated cardboard disposal, as well as screened
dumpsters for discarded metal and general trash. The Applicant will
extend existing disposal contracts to include the Property.
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:
There are no
proposed changes to stormwater drainage systems. Floor drains will be
installed within the building as required, and will discharge to either a
tight-tank or municipal system as required. The proposed use will
require permits issued by the Hingham Fire Department relating to
flammable liquids and the sprinkler system.
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 automobile
service and repair in a portion of the building at 100 Research Road
subject to the following conditions:
1. The automobile service
and repair function shall be done in substantial accordance with the
plans submitted with the application and the representations made at the
public hearing;
2. The decision of the Planning Board entitled
“Notice of Decision, Site Plan Review and Special Permit A3, 100
Research Road” dated December 20, 2011 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;
3. The sprinkler system for the Property, specifically
the area the Applicant is leasing, will be matched to the proposed uses;
4. Floor drain discharges, that may contain wastes that are not
allowed to be discharged into the MWRA sewer system, will need to be
collected and disposed of in accordance with D.E.P. requirements;
5.
Paint spraying or any other activity that produces volatile vapors
will have to be performed in a D.E.P. approved spray booth;
6. The
applicant shall notify the Hingham Fire Department Safety Officer
regarding the use and storage of all flammable and volatile materials to
be used at this location;
7. Solid waste disposal is proposed to
be collected in a compactor and screened dumpsters. Care should be
taken to prevent automotive liquids from spilling onto the surface of
the ground;
8. Applicant is not to direct or encourage public visits to the site.
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 January 30, 2012
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