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Applicant:South Shore Medical Center, Inc.

Property Owner:South Shore Industrial Park Trust

Premises:35 Pond Park Drive

Hingham, MA 02043

Deed Reference:Plymouth County Registry of Deeds, Book 8208, Page 258


This matter came before the Board of Appeals on the application of South Shore Medical Center, Inc. (lessee) (the "Applicant") and South Shore Industrial Park Trust (owner) for a Special Permit A2 under the South Hingham Development Overlay District, §III-E, 5(b) of the Zoning By-Law and such other relief as necessary to build-out a 4,800 q.ft. general purpose laboratory with associated office space in Bays 14 and 15 of the existing commercial condominium building located at 35 Pond Park Road (the "Property"), in the Industrial Park District, along with Site Plan Review to be done by the Planning Board under §I-G and §I-I.

The two boards heard the application at a duly noticed joint public hearing on January 21, 2010, held in the Hingham Town Hall at 210 Central Street. The Board of Appeals panel consisted of its regular members: Joseph M. Fisher, Chairman, and W. Tod McGrath along with associate member Mario Romania, Jr.Planning Board members present were Paul Healey, Susan Murphy, Judy Sneath, Sarah Corey and Gary Tondorf-Dick.The Applicant was represented by Attorney Jeffery A. Tocchio.


The Property is part of a six-unit industrial condominium building which is owned by four separate owners (the "Building").The Building contains approximately 48,700sq.ft. of interior space which is divided into 20 bays, which are approximately 2,400 square feet each.  Bays 14 and 15 contain approximately 5,000sq.ft. of space.Other uses currently existing at the Property include manufacturing and general business enterprises.

The Applicant operates a successful private medical practice with locations located throughout the South Shore.Presently, the Applicant operates laboratories at each of its medical offices.The Applicant proposes to operate a single a central laboratory at the Property, which will accept deliveries of samples from their other locations by courier van service.The courier will visit the Unit 3-4 times a day and there will be no direct patient visits to the Unit.The proposed use will operate between the hours of 8 a.m. to 6 p.m., and be staffed by approximately 5-6 laboratory technicians.The proposed use will not alter the footprint of the existing building and the building will continue to remain in compliance with Section III-E of the By-Law, including all dimensional requirements for floor area ratio and building height.

Information concerning waste water effluent quantity and quality was analyzed by McSweeney Associates, Inc., Environmental Engineering Services and submitted to the Board of Health for approval.The McSweeney report concluded that the proposed development was consistent with the original wastewater disposal system design parameters for system size, and that the clinical instrumentation would not generate effluent concentrations in excess of Massachusetts Class I ground or drinking water concentrations.Typical office waste will be disposed of in on-site dumpsters, and any solid medical waste will be disposed of under contract with a licensed medical waste disposal operation.The Board of Health Agent submitted a memorandum confirming his receipt and acceptance of a groundwater impact report filed by the engineering firm McSweeney Associates, Inc.

The parking lot at 35 Pond Park Road is striped for 136 spaces, including 3 handicap spaces.  No changes will be made to the parking lot or to the property's existing storm water drainage system.The total off-street parking requirement for the building under Section V-A of the Zoning By-Law, as currently leased, is 104 spaces.The proposed use of the 4,800 square foot condominium will require 17 off-street parking spaces (3.5 spaces per 1,000 square feet), increasing the total required off-street parking spaces at the property to 121 spaces.Thus, there are 15 surplus parking spaces.The owner of the commercial condominium reports that there is only 2,400 square feet of vacant space in the building.That vacant space would require only 12 parking spaces under the most conservative parking analysis, which would still result in a surplus of parking spaces. 

Based on the information provided, the Planning Board voted to waive the requirement for Site Plan Review in light of the fact that the project included only interior work.The Planning Board also found that the project was in compliance with the Off-Street Parking Requirements; thus no further relief was needed under the provisions of a Special Permit A3.Both of these rulings were confirmed in a letter dated January 27, 2010 sent by the Town Planner to the Board of Appeals.


After consideration for the Applicant's proposal and the plans submitted with the Application and representations made at the public hearing, the Board finds that the Applicant's proposal is consistent with all of the applicable criteria as set forth in the Zoning By-Law for the issuance of a Special Permit A2.

The Board finds that the proposed general purpose laboratory use with associated office space is appropriate in the Industrial Park District, and that such use will not create adverse impacts or negatively affect the health, safety or welfare of the prospective occupants, neighbors, or the Town generally.The proposed use will not alter the existing parking lot or existing storm water drainage system, which function as designed and approved. The Applicant demonstrated that there is ample existing onsite parking to support the proposed use, and there will remain sufficient access for service, utility and emergency vehicles.The Board further finds that the proposed methods of waste disposal, both sanitary and solid, are safe and adequate.


Based upon the findings of the Board of Appeals as set forth above, the Board voted unanimously to GRANT the relief requested by the Applicant for a Special Permit A2 under the South Hingham Development Overlay District, §III-E, 5(b) of the Zoning By-Law to build-out a general purpose laboratory with associated office space in Bays 14 and 15 of the existing commercial condominium building located at 35 Pond Park Road, in the Industrial Park District.

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, 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 Board of Appeals,


Joseph M. Fisher

February 8, 2010