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Site Plan Review in Association with a Special Permit A2

Applicant: Douglas Wielhouwer
Eastern Yacht Sales
400 Lincoln Street, Suite 19
Hingham, MA 02043

Premises: 170 Shipyard Drive (aka Building “L”)
Hingham, MA 02043

Date: May 23, 2017

Title Reference: Book 47254, Page 239

Re: Site Plan Review under § I-G and § I-I in Association with a Special Permit A2, and such other relief as necessary to replace the previously approved 3,900 SF bank with drive-thru for “Building L” with a new 6,128 SF mixed use commercial building in the Industrial District

Summary of Proceedings
The Board held a duly noticed public hearing jointly with the Zoning Board of Appeals on May 22, 2017. Planning Board members present included Jennifer Gay Smith, Acting Chair, Gordon Carr, and Gary Tondorf-Dick. The Applicant team included John Cavanaro, Cavanaro Consulting, Tom Chiudina, Architect, Douglas Wielhouwer, Petitioner, and Jon Rotenburg, owner.

Project Description
The applications before the Boards relate to a Major Modification to the Hingham Shipyard Mixed-Use Special Permit, originally issued May 12, 2003, as amended, and a Variance from § IV-G of the Zoning By-Law, along with Site Plan Review under § I-G and § I-I, and such other relief as necessary to replace the previously approved 3,900 SF bank with drive-thru for “Building L” with a new 6,128 SF mixed use commercial building and locate a ground sign at 170 SHIPYARD DRIVE in the Industrial District, submitted by DOUGLAS WEILHOWER, EASTERN YACHT SALES, INC.

Before the Planning Board is the Site Plan Review in Association with the Special Permit A2. The applicant team explained that this project proposes a three tenant 6,128 SF commercial building (yacht sales, dry cleaner, and restaurant), and on site display of boats. While the project is referred to as a “Major Modification” the impervious area is consistent with the previous approval. The building proposed now is larger and the drive through has been eliminated. The larger site which includes the daycare has been developed, and the utilities stubbed at the property line. Access to the site, as well as pedestrian circulation remains essentially the same as the previous approval. The site perimeter has fairly mature landscaping, much of which will remain. The regulations require four additional deciduous trees for the parking spaces and they will be planted along the playground fence to offer some screening. The guardrail on site will be shortened, and, installed along the edge of the paved area at the top of the grade to also offer some screening for the adjacent playground. The chief of Police expressed his support for the project as designed. The Board discussed the signage and pavement markings for the one way traffic circulation and asked the applicant to review and consider supplementing what has been proposed. The Board also discussed if the headlight glare would shine into Route 3A. The Applicant explained that due to the grades it should not be a problem. There was no public comment or testimony offered. After additional discussion the Board reviewed the Site Plan Review criteria, made findings and identified potential conditions.

Findings and Decision
a. protection of abutting properties against detrimental uses by provision for surface water drainage, fire hydrant locations, sound and site buffers, and preservation of views, light and air, and protection of abutting properties from negative impacts from artificial outdoor site lighting;

• Fire Department memo of May 1, 2017 indicates that there are hydrants existing to serve the building;
• The guard rail adjacent to the lot is at a higher elevation to screen playground;
• Lights shall be dark sky compliant and the light poles are to be the same height of those in the adjacent lot.

b. convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets; the location of driveway openings in relation to traffic or to adjacent streets, taking account of grades, sight distances and distances between such driveway entrances, exits and the nearest existing street or highway intersections; sufficiency of access for service, utility and emergency vehicles;

• Proposed vehicular access and extent of pavement is similar to the previously approved site plan for this location.
• Fire Department is satisfied with the site design.
• Applicant has located the dumpster to facilitate access by the truck and found the best location from a safety standpoint.
• The Police department is satisfied with the site design.

c. adequacy of the arrangement of parking, loading spaces and traffic patterns in relation to the proposed uses of the premises; compliance with the off-street parking requirements of this By-Law;

• The applicant is meeting the parking demand for the proposed uses on the building site in compliance with the By-law.

d. adequacy of open space and setbacks, including adequacy of landscaping of such areas;

• Landscape plan has been submitted.
• The appropriate number of deciduous trees relative to the parking spaces are proposed.
• There is a balance with open space as compared to the 2008 plan.

e. adequacy of the methods of disposal of refuse and other wastes resulting from the uses permitted on the site

• Dumpster is shown on the site plan.

f. prevention or mitigation of adverse impacts on the Town’s resources, including, without limitation, water supply, wastewater facilities, energy and public works and public safety resources;

• May 15, 2017 email from Steve Dempsey indicates no issues related to the sewer connection.
• Aquarion letter of April 20, 2017 indicates sufficient water to serve the project.

g. assurance of positive storm water drainage and snow-melt run-off from buildings, driveways and from all parking and loading areas on the site, and prevention of erosion, sedimentation and storm water pollution and management problems through site design and erosion controls in accordance with the most current versions of the Massachusetts Department of Environmental Protection’s Storm Water Management Policy and Standards, and Massachusetts Erosion and Sediment Control Guidelines.

• O&M Plan for storm water management structures and an erosion & sediment control plan with construction sequence are included in the submittal.
• This proposal is a minor modification of a previously designed and approved building site.

h. protection of natural and historic features including minimizing: the volume of cut and fill, the number of removed trees of 6 inches caliper or larger, the removal of stone walls, and the obstruction of scenic views from publicly accessible locations;

• This is a balanced site
• The site appears to have been prepared for development in the past. There are some trees planted along the perimeter of the site, but not much large vegetation where the building pad will be.
• Views will not be obstructed.

i. minimizing unreasonable departure from the character and scale of buildings in the vicinity or as previously existing on or approved for the site.

• This is a modification of a previously approved building (bank).
• The building design and colors have been selected to complement and fit in with the area.

The Board then Moved, Seconded and SO VOTED to APPROVE the Site Plan Review for 170 Shipyard Drive as presented at the hearing and shown on the plans titled “Hingham Shipyard Modification to Building L, 170 Shipyard Drive”, prepared for Eastern Yacht Sales, Inc. 400 Lincoln Street, Hingham, prepared by Cavanaro Consulting, dated 3/30/17, 3 sheets, based on the findings, included in the Board’s deliberations during tonight’s hearing, with the following conditions:

1. Applicant shall ensure that between grading and low shrubbery there shall be no headlight glare shining into Route 3A.
2. Applicant shall not include lighting or signage on outside display with the exception of safety lighting. Such safety lighting shall be motion-sensor lighting with a timer and shall be affixed to the display boats and not to any temporary or permanent fixture.
3. Applicant shall review the directional signage and markings intended to direct traffic.
4. Applicant shall submit a detailed floor plan as requested to enable the assessment of the inflow fee.

Town of Hingham Planning Board

Jennifer M. Gay Smith, Acting Chairman

In Favor: Gay Smith, Tondorf-Dick, Carr.
Opposed: none

Cc: Town Clerk, Building Department, ZBA, S. Dempsey, R. Sylvester, R. Nowlan, S. Girardi, J. Cavanaro,


EXECUTED this _____ day of May, 2017

Commonwealth of Massachusetts

Plymouth, ss May __, 2017

Then personally appeared Jennifer M. Gay Smith, Acting Chair of the Hingham Planning Board, and acknowledged the foregoing to be the free act and deed of said Board.

_________________________ My Commission Expires October 29, 2021
Mary F. Savage-Dunham, Notary Public