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NOTICE OF DECISION
SPECIAL PERMIT A1


IN THE MATTER OF:

Applicant: Bare Cove Marina Owner: Bare Cove Properties
C/O Nicholas Bonn 3 Otis Street
3 Otis Street Hingham, MA 02043
Hingham, MA 02043

Premises/Property: 3 Otis Street, Hingham, MA 02043

Title Reference: Plymouth County Registry of Deeds, Book 36276, Page 124

Plan Reference: Plan entitled, "Bare Cove Marina, 3 Otis Street, Special Permit Plan," prepared by Beals + Thomas, 144 Turnpike Road, Southborough, MA, dated June 16, 2016 (Sheet 1 of 1)

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals (the "Board") on the application of Nicholas Bonn of Bare Cove Marina (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 add a 16’x50’ floating dock as well as two 12” support piles to the existing dock at Bare Cove Marina, 3 Otis Street, in the Floodplain Watershed Protection 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 appeared with Register Land Surveyor Robert Buckley from Beals + Thomas 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.

BACKGROUND

The Applicant operates a marina, consisting of five (50' x 15') floating docks connected to a walkway with seasonal finger floats extending to the northeast, from the property located at 3 Otis Street. The property is located in the Waterfront Business Zoning District and Hingham Harbor Overlay District, in addition to the Floodplain Protection Overlay District. The premises are improved by a single-story wooden building surrounded by a stone patio and wooden walkway, as well as a timber landing area and deck for the Town-owned Whitney Wharf Pedestrian Bridge.

The proposed project will modestly expand the existing marina. A new (16' x 50') floating dock will be installed to provide storage space that was displaced by recent construction of the Whitney Wharf Bridge. It will be located to the east of the forth dock in the existing series and supported by two 12" diameter piles embedded to a depth of 15'. The Applicant represented that the float is not expected to ground during typical low tides. Additionally, the proposed dock will not affect the natural flow of waterways, nor will it reduce flood storage capacity within the Floodplain Protection Overlay District.

As per §III-C, 8 of the Hingham Zoning By-Law the Board of Appeals is required to refer the application to the Planning Board, Conservation Commission, and Board of Health comment. The Conservation Commission issued an Order of Conditions for the proposed storage float on August 6, 2015. 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.

FINDINGS

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 proposed project represents a minor expansion of an existing marina use allowed by right in the zoning district. The project forwards the goals of the Hingham Harbor Overlay District by facilitating additional access to water-based recreational uses. Accordingly, the proposed project is in harmony with the general purpose and intent of the By-Law.

b. The proposed use complies with the purposes and standards of the relevant specific sections of this By-Law, for the following reasons:

The proposed dock will not affect the natural flow of waterways, nor will it reduce flood storage capacity within the Floodplain Protection District.

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 subject property supports Bare Cove Marina, which is an allowed use in the Waterfront Business zoning district. The proposed dock will be a minor expansion of the existing use at the property and is accordingly an appropriate location.

d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons:

No adverse impacts will result from the proposed dock and related support piles.

e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:

The proposed project consists of the addition of a new floating dock adjacent to an existing marina. There will be no impact on pedestrian or vehicular traffic on nearby public ways.

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 dock.

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:

No additional facilities beyond those already serving the property will be required.

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 add a (16’ x 50’) floating dock as well as two 12” support piles to the existing dock system at Bare Cove Marina, 3 Otis Street, in the Floodplain Watershed Protection 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