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Site Plan Review-Notice of Decision

Applicant: Kerry Brett
87-89 Hersey Street
Hingham, MA 02043

Premises: 87-89 Hersey Street
Hingham, MA 02043

Date: January 24, 2017

Summary of Proceedings
The Planning Board received a Request for Waiver of both Public Hearing and Site Plan Review under Section I-I.5 of the Zoning By-law in Association with a Special Permit A2 under Section III-I,1.D(iii).b. to legalize the residential use of the second structure on property known as 87-89 Hersey Street. The application was filed January 17, 2017. The Applicant requested a waiver of the requirement for a public hearing, and further, a waiver from Site Plan Review because there is no physical work associated with the application. The Planning Board heard this request at their regularly scheduled meeting of January 23, 2017, with Planning Board members Judith Sneath, Chairman, Sarah Corey, Gary Tondorf-Dick, Jennifer Gay Smith and William Ramsey present. Kerry Brett, Applicant, and Tom Cox, agent, were present to discuss the application.

Background and Findings
It is not clear whether or not there was a break in the residential occupancy of 89 Hersey Street, and there is an appeal pending with the ZBA regarding this non-conforming use and if it has been abandoned. That appeal has been continued to March 1, 2017, and the Applicant was advised by the Board of Appeals to seek relief under Section III-I,1.D(iii).b. to legalize the residential use of the second structure with a Special Permit A2 process. The Applicant has now submitted that application, and there is Site Plan Review in Association with the Special Permit A2.

The Applicant has asked that, in accordance with Section I-I.5, the Planning Board waive the requirement for a public hearing and determine that the project as proposed constitutes a minor Site Plan under Section I-I.5.b, as there is no actual work being performed. The Board discussed and found that the public notice process would be handled by the Board of Appeals to ensure that interested parties had an opportunity to comment. They also determined that, since there was no physical work being performed, they would have little to consider under Site Plan Review.

Decision and Vote
After considering the scope and substance of the request, the Planning Board determined that the project constituted a minor Site Plan in accordance with Section I-I (5) b, and it was Moved, Seconded and So Voted to WAIVE the public hearing requirement and to WAIVE Site Plan Review for the project, as proposed with the application materials and as presented by Kerry Brett and Tom Cox in association with the Special Permit A2 under Section III-I,1.D(iii).b. at 87-89 Hersey Street, Hingham.

For the Hingham Planning Board

Judith S. Sneath, Chairman

cc: ZBA
Building Commissioner
Town Clerk


EXECUTED this _____ day of January, 2017

Commonwealth of Massachusetts

Plymouth, ss January ___, 2017

Then personally appeared Judith S. Sneath, Chairman of the Hingham Planning Board, and acknowledged the foregoing to be the free act and deed of said Board.

_____________________________ My Commission Expires March 4, 2022
Dolores A. DeLisle, Notary Public