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 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

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.

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.  

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.   

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