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Applicant: Elizabeth A. Sullivan
4 Button Cove Road
Hingham, MA 02043

Premises: 4 Button Cove Road
Hingham, MA 02043

Title Reference: Plymouth County Registry of Deeds: Book 12502, Page 253

This matter came before the Zoning Board of Appeals on the application of Elizabeth A. Sullivan (the “Applicant”) for a Special Permit A1 under §III-C, 4 of the Zoning By-Law and such other relief as necessary to construct a 4' X 85' pile supported footbridge with a 10' X 10' platform, gangway and 10' X 10' boat landing in the Flood Plain and Watershed Protection District at 4 Button Cove Road (the “Property”), in Residence District C.

A public hearing was duly noticed and held on Thursday, January 7, 2010 at the Town Hall before a panel consisting of regular members Joseph M. Fisher, Chairman, Joseph W. Freeman and W. Tod McGrath. The applicant was represented by Gregory G. Robbins of Vine Associates, Waterfront Engineering Consultants.

The Applicant is the owner of the Property located at 4 Button Cove Road, a waterfront parcel on Hingham Harbor. The Applicant desires to construct a pier of sufficient length to access navigable water for most of the tide cycle as described by the Applicant’s Project Manager, Mr. Gregory Robbins of Vine Associates, and on the plans received by the Board on November 30, 2009. The proposed use is a footbridge and boat landing for outdoor recreation including boating and fishing. Mr. Robbins explained that due to the nature of the tidal zones, existing rock outcroppings and the existing salt marsh the proposed design is the only reasonable and cost effective method to construct the proposed dock. Many nearby properties maintain similar boat landings and the proposed use will be compatible with their use.

There was one abutter at the hearing who spoke in support of the application. The Applicant also submitted a copy of the Order of Conditions issued by the Hingham Conservation Commission which imposes specific conditions for the protection of the environment.

After consideration of the Applicant’s proposal, together with the plans and diagrams submitted by the Applicant, and the existence of similar docks on abutting properties, the Board of Appeals finds that the proposed dock is appropriate for the recreational boating uses proposed by the Applicant, and will not have any significant adverse consequences to the zoning district. The Board also finds that the Order of Conditions as issued by the Hingham Conservation Commission adequately addresses the environmental issues.

Based upon the findings of the Board as set forth above, the Board of Appeals voted unanimously to GRANT the Applicant a Special Permit A1 under Section III-C, 4 of the Zoning By-Law to construct a 4' X 85' pile supported footbridge with a 10' X 10' platform, gangway and 10' X 10' boat landing in the Flood Plain and Watershed Protection District, subject to the following conditions:

1. The design of the dock shall be as depicted in the plans submitted by the Applicant and representations made at the public hearing.
2. The anchor piles and the float shall each bear the identification of the owner or address of the property, such that if they break loose or float away the owner can be identified.
3. No davits shall be placed on the dock or float.
4. No lights shall be installed on the dock other than lights with amber lenses for safety walking on the dock.
5. No ornamentation (flags, lights, windsocks, etc.) shall be erected or placed on the dock.
6. No rafting of vessels shall be permitted.
7. The rail posts shall not exceed forty inches (42”) in height as depicted on the plans.
8. No vessels shall be tied or moored at the dock except directly to the float.

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 Zoning Board of Appeals

Joseph W. Freeman
January 21, 2010