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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant: WSM Hingham Properties, LLC
S. R. Weiner & Associates, Inc.
1330 Boylston Street
Chestnut Hill, MA 02167
Premises: 90 Derby Street
Title Reference: Plymouth County Registry of Deeds Book 20043, Page 290
SUMMARY OF PROCEEDINGS:
matter came before the Zoning Board of Appeals on the application of
WSM Hingham Properties, LLC (the “Applicant”) for modification to the
existing Special Permit A2 dated February 10, 2003, as amended through
July 31, 2009, under §III-A 4.17 and §III-A 3.7 with Site Plan Review to
be done by the Planning Board under §I-I along with Special Permit A3
parking determination, with waiver if necessary, under §V-A of the
Zoning By-Law and such other relief as necessary to allow seasonal
activities at the existing pond, including ice skating, at the Derby
Street Shoppes, 90 Derby Street (the “Property”), a Retail Group in the
Industrial Park District.
The two boards heard the application
at a duly noticed joint public hearing held on Thursday, June 10, 2010,
along with a continuation hearing held on August 19, 2010 in the Town
Hall at 210 Central Street. The panel consisted of regular members
Joseph M. Fisher, Chairman, W. Tod McGrath and Joseph W. Freeman.
Planning Board members present were Sarah Corey, Judy Sneath and Gary
Tondorf-Dick. The Applicant was represented by Carolyn Kennedy, Site
Manager for Derby Street Shoppes along with Diana Podasky, Robert Fraser
and Mike McKenna of WSM Development.
Property has been the subject of previous hearings and decisions by the
Zoning Board of Appeals relative to the overall design and layout of the
shopping plaza. The hearings and decisions were extensive and have
addressed numerous topics including signs, parking and location of
facilities within the site.
The Applicant now seeks to use the
existing detention basin, referred to as Hidden Pond, on the Property
near the intersection of the Service Road and Keith Way to provide
seasonal entertainment which would include ice skating during the winter
months (mainly January thru March) and nature activities, including
walking and fishing, during the summer months (June, July and August).
The Applicant is proposing to erect temporary landscaping features,
which would include benches, plantings and ice sculptures intended to
draw visitors. The Applicant proposes to hold events in the area during
off-peak sales periods. Parking for Hidden Pond would be in the existing
53-space employee parking lot on the east side of the Service Road near
the intersection of Keith Way. During programmed activity at Hidden
Pond employees would be directed to park in other employee lots on the
Property, as this lot would be reserved for visitors to Hidden Pond.
the course of the hearings, the Applicant and members of both the Board
of Appeals and Planning Board discussed hours of operation, site
lighting, parking and traffic circulation. Of particular concern to
members of the Board of Appeals and Planning Board was the on-site
circulation relative to pedestrian and vehicular safety. Because of the
current restricted traffic configuration on the Service Road, Board
members were concerned about visitors traveling back and forth between
the customer parking areas within the site without going one-way the
wrong way on the Service Road. In response to these concerns, the
Applicant agreed to reconfigure the access/egress drive leading from the
parking lot between Whole Foods and Bertucci’s to allow for cars to
travel from within the Property directly to the Service Road without
going onto Derby Street.
Board of Appeals members and the
Applicant discussed hours of operation as the applicant proposes to
operate the seasonal activities during normal business hours of the
Derby Street Shoppes, i.e. 10:00am-9:00pm. The Board had no objection to
the proposed hours. They also discussed the use of temporary outdoor
lighting used in connection with the winter use of the pond. The
Applicant proposes to use temporary outdoor construction lights,
approximately 20’ in height, at least one evening a week as weather
permits. The Board also had no objection to the temporary lights as
described since Hidden Pond is located adjacent to a parking lot, and is
not visible from adjacent parcels or the right of way.
Appeals members and the Applicant discussed signs to be placed on the
Property for Hidden Pond and determined that the Applicant can submit
plans to the Building Inspector, as he is the Zoning Enforcement
Officer, for approval.
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 along with a Special Permit A3 parking determination, with
waiver if necessary. After review of the Applicant’s proposal, Planning
Board members 1) granted Site Plan Approval (which is incorporated
herein by reference and attached as Exhibit A) and 2) waived the
requirement for a Special Permit A3 parking waiver as they concluded it
was unnecessary because this use should have minimal impact on parking.
Board of Appeals members benefited from hearing the Planning Board’s
determination on the site plan and comments on the parking.
FINDINGS AND DECISION:
upon the application and representations made at the public hearing,
the Board determined that the proposed modification to the existing
Special Permit A2 to allow seasonal activities at the existing pond at
the Derby Street Shoppes will not adversely affect the health, safety or
welfare of the general public, or the Town generally, nor create
adverse impacts on its surrounding area.
Therefore the Board made the following findings:
1. The operation of the proposed seasonal use is in harmony with the general purposes and intent of the Zoning By-Law.
2. The proposed use complies with the applicable purposes and standards of the Zoning By-Law.
3. The Property is an appropriate location for the operation of the proposed seasonal use.
4. The potential adverse impacts of the operation of the seasonal use will be adequately mitigated.
5. The operation of the proposed seasonal use will not create a nuisance or serious hazard to vehicles or pedestrians.
6. Adequate and appropriate facilities will be provided for the proper operation of the seasonal use.
The proposal meets accepted design standards and criteria for the
functional design of facilities, structures, stormwater management, and
The Board voted unanimously to GRANT the
modification to the existing Special Permit A2 to allow seasonal
activities at the existing pond at the Derby Street Shoppes subject to
the following conditions:
1. The decision of the Planning Board
entitled “Hingham Planning Board Site Plan Review” dated September 1,
2010 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;
2. Seasonal operation of Hidden Pond to run January through March and June through August;
3. Hours of operation for Hidden Pond to be normal business hours of the Derby Street Shoppes, i.e. 10:00 a.m. to 9:00 p.m;
4. Plan of proposed sign(s) for Hidden Pond to be submitted and approved by the Building Inspector;
5. Curb modification plan to be submitted and approved by the Building Inspector.
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, that it has been dismissed or denied, and that (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 Zoning Board of Appeals,
Joseph W. Freeman
September 23, 2010