|
View Other Items in this Archive |
View All Archives | Printable Version
TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
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
SUMMARY OF PROCEEDINGS
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.
BACKGROUND
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.
FINDINGS
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.
DECISION
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
|