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NOTICE OF DECISION
SPECIAL PERMIT A1
IN THE MATTER OF:
Applicant/Owner: John & Elizabeth Flowers
Premises/Property: 280 North Street
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds, Book 46331, Page 268
Plan Reference: Plan entitled, "Existing and Proposed Conditions Plan," prepared by Nantasket Survey Engineering, LLC, 46 Edgewater Road, Hull, MA, dated April 19, 2016 (Drawing 1) and architectural plans entitled, Carriage house/Barn for Residence of John & Elizabeth Flowers," consisting of floor plans and elevations, prepared by Roger O. Hoit, AIA, 1175 Main Street, Hingham, MA, dated April 30, 2016 (Drawing No. A2-A4)
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals (the "Board") on the application of John and Elizabeth Flowers (collectively, the "Applicant") for a Special Permit A1 under § III-C of the Zoning By-Law (the "By-Law") and such other relief as necessary to construct a 26' x 28' detached garage at 280 North Street in the Floodplain Protection Overlay District.
The Board opened a duly advertised and noticed public hearing on the application on July 20, 2016. The Board panel consisted of its regular members Joseph W. Freeman, Chairman, Robyn S. Maguire, and Joseph M. Fisher. The Applicant, John Flowers, appeared with the project architect, Roger Hoit, to present the application. At the conclusion of the hearing, the Board voted unanimously to grant the requested Special Permit A1 under § III-C of the By-Law with conditions as set forth below.
Throughout its deliberations, the Board has been mindful of the statements of the Applicant and the comments of the general public, all as made or received at the public hearing.
The Property consists of approximately 25,018 SF located within the Floodplain Protection Overlay District (FEMA flood zone AE and Floodway). In 2012, the Board issued a Special Permit A1 to construct a single-family dwelling on the previously vacant property. The Applicant now seeks a permit to construct a two-car detached garage, including a mudroom, office and second floor studio. The structure would be 25' in height. The proposed structure would be located outside of the 50' wetland buffer zone and constructed with flood resistant techniques consisting of breakout panels. The plan also includes compensatory flood storage that adequately protects the interests of flood control and storm damage prevention in compliance with an Order of Conditions issued by the Hingham Conservation Commission on June 7, 2016. While the existing dwelling is connected to the municipal sewer system, no connection is proposed to the new garage. Finally, the Hingham Historical Commission reviewed and approved the proposed plan.
As per § III-C, 8. of the Hingham Zoning By-Law the Board is required to refer the application to the Planning Board, Conservation Commission, and Board of Health for comment. As noted above, the Conservation Commission issued an Order of Conditions approving the project in June 2016. By way of email correspondence dated July 20, 2016, representatives of both the Planning Board and Board of Health indicated that their respective Boards would review the plan during the building permit review process.
Based on the information submitted and presented during the hearing, the Board made the following findings:
a. The proposed use of the site is in harmony with the general purpose and intent of the Zoning By-Law, for the following reasons: The Property is located within the Residence A Zoning District surrounded by other residential dwellings. The Property is an appropriate location for the proposed accessory residential use.
b. The proposed use complies with the purposes and standards of the relevant specific sections of this By-Law, for the following reasons: The detached accessory structure will be equipped with breakout panels and the project includes compensatory flood storage that adequately protects the interests of flood control and storm damage prevention in fulfillment of the purposes under Section III-C: Floodplain Protection Overlay District. The proposed location will further comply with the dimensional requirements for construction within the Residence District A in which it is located.
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 located within the Residence A Zoning District surrounded by other residential dwellings. The Applicant represented that 71% of the residential properties in this section of North Street likewise have attached or detached garages. These identical uses and structures are also located within the Flood Plain and Watershed Protection District.
d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons: The Applicant is providing compensatory flood storage for the project that adequately protects the interests of flood control and storm damage prevention. It will not interfere with the general purposes of the Floodplain Protection Overlay District and will not be detrimental to the public health, safety and or/welfare.
e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons: The construction of a detached accessory structure not create a nuisance or hazard for pedestrians and will improve vehicular storage on the site.
f. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use, for the following reasons: Adequate facilities exist for the proposed accessory structure. No connection to the municipal sewer system is proposed.
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: The Applicant is providing compensatory flood storage for the project and adequately protects the interests of flood control and storm damage prevention.
RULINGS AND DECISION
Upon a motion made by Joseph M. Fisher and seconded by Robyn S. Maguire, the Board voted unanimously to GRANT the requested Special Permit A1 under § III-C of the By-Law to construct a 26' x 28' detached garage at 280 North Street in the Floodplain Protection Overlay District, subject to the following conditions:
1. The proposed work shall be completed in accordance with the approved plans and representations made during the hearing.
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
August 18, 2016