View Other Items in this Archive | View All Archives | Printable Version

TOWN OF HINGHAM
Board of Appeals

NOTICE OF DECISION
SPECIAL PERMIT

IN THE MATTER OF:

Applicant: Trustees of the Hingham Bathing Beach

Property Owner: Trustees under Deed of Trust, dated November 21, 1916, registered with the Plymouth County Registry District of the Land Court as Document No. 936

Premises/Property: 31 Otis Street
Hingham, MA 02043

Title Reference: Certificate of Title No. 5167 issued by the Plymouth County Registry District of the Land Court

Plan Reference: Plan set entitled, "Site Development Plans for Hingham Bathing Beach Waterfront Concessions Building, 3 Otis Street, Hingham, MA," prepared by CHA, 101 Accord Park Drive, Norwell, MA, dated April 26, 2017 and revised through July 25, 2017 (11 Sheets) and an architectural plan set entitled, “Harbor Bath House/Concession Building,” prepared by Strekalovsky Architecture Inc., 42 North Street, Hingham, MA, including: Perspective Views, dated October 15, 2016; Building Elevations and Proposed Floor Plan, dated December 23, 2016; and an Interior Rendering, dated April 20, 2017 (4 Drawings)

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals (the "Board") on the application from the Trustees of the Hingham Bathing Beach (the "Applicant") for a Special Permit A-1 under § III-C and a Special Permit A-2 under § III-A and § III-H, 5 of the Zoning By-Law (the “By-Law”) and such other relief as necessary to construct a bathhouse building with a snack stand at 31 Otis Street in the Official and Open Space District and the Hingham Harbor and Floodplain Protection Overlay Districts.

The Applicant simultaneously filed related applications for Site Plan Approval and a Special Permit A3 Parking Determination with the Planning Board. The Boards jointly opened duly advertised and noticed public hearings on each application on Monday, May 22, 2017 at the Hingham Town Hall. Subsequent substantive hearings were separately held by the Boards. The Planning Board voted on June 19, 2017 to issue Site Plan Approval and a Special Permit A3, filing its written decisions with the Town Clerk on July 11, 2017. The Zoning Board separately held continued public hearings on July 11, 2017 and August 8, 2017.

The Board of Appeals panel consisted of its regular members Robyn S. Maguire, Acting Chairman, and Joseph M. Fisher, and associate member Michael Mercurio. The Board was assisted in its review by consulting engineers Patrick Brennan, P.E., Amory Engineers, P.C., and Jeffrey S. Dirk, P.E., PTOE, FITE, Vanasse & Associates, Inc. The Applicant was represented during the hearings by: Bathing Beach Trustees, Alan Perrault and Edward Johnson; project engineers, Gabe Crocker, John Morgan, and Dani Hazim, CHA; project architect, Vcevy Strekalovsky, Strekalovsky Architecture Inc.; and town engineers, Roger Fernandes and Tom Molinari.

At the conclusion of the hearing on August 8, 2017, the Board voted unanimously to grant the requested Special Permit A1 under § III-C and Special Permit A2 under § III-A and § III-H, 5 of the By-Law and such other relief as necessary to construct a bathhouse building with a snack stand at 31 Otis Street in the Official and Open Space District and the Hingham Harbor and Floodplain Protection Overlay Districts, subject conditions 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 and DISCUSSION

The subject property consists of approximately 6 acres of land, bordered to the east by Hingham Inner Harbor and to the west by Otis Street/Rte. 3A. The property presently serves as a beach and recreational picnic area. The Hingham Farmer's Market also operates from the property's existing parking lot on a temporary, seasonal basis on Saturday’s from May to November.

The Bathing Beach Trustees now propose construction of a 2,700 (+/-) SF building that would house a new bathhouse, snack stand, and a public meeting room. Project costs will be supported by the Seaport Bond Council ($700,000), Community Preservation Fund ($150,000), and an additional local commitment approved at the 2017 Annual Town Meeting ($350,000). According to the submitted narrative, the project builds on goals established in the 2007 Harbor Master Plan to make the area more user-friendly and enjoyable to the general public. The project may have also been contemplated when the Town adopted the Hingham Harbor Overlay District in 2010. Section III-H of the By-Law provides definitions for Snack Stands and Uses Accessory to a Water Dependent Use, including public restrooms and offices providing services to a Water Dependent Use. The Applicant represented that the proposed community room will be primarily used by the Trustees and the Recreation Department for classes or other waterfront meetings. The public may occasionally rent the facility for private functions in a manner similar to the longstanding use of the adjacent Bandstand/Gazebo property, which periodically hosts weddings and other events.

The overall site includes Coastal Beach, Coastal Bank, and Land Subject to Coastal Storm Flowage resource areas. According to the relevant panel of the 2015 Flood Insurance Rate Maps incorporated into § III-C and Part B of the By-Law, the property is also impacted by floodplain. The specific location of the proposed building falls within FEMA Flood Zone AE (el. 10). The By-Law generally prohibits development of floodplain areas; however, Section III-C, 8. provides an exception where the Board may issue a special permit allowing development only after making a determination that the “use of such land for such use will not interfere with the general purposes for which the Floodplain Protection Overlay District has been established…” One such purpose is to regulate development in floodplains in a manner that, at a minimum, meets the requirements of FEMA for participation in the National Flood Insurance Protection Program (NFIP). With a first floor elevation (FFE) of 10, the originally proposed building design would comply with minimum NFIP requirements; however, FEMA also recommends that building design accommodate 1’ of freeboard. Based on this recommendation and its own concerns about potential flood risk and sea level rise, the Board suggested that the building design incorporate some level of freeboard. In response, the Applicant filed revised plans that raised the finished first floor of the proposed building by 1’ to elevation 11.05.

Section III-C, 8. of the By-Law also only allows the Board to issue the requested special permit if “all necessary permits, orders or approvals required by local or state law, except for Massachusetts General Laws Chapter 131, Section 40, or federal law have first been obtained.” As noted in the Procedural History, the Planning Board issued its Site Plan Approval and Special Permit A3 Parking Determination decisions on July 11, 2017. The Conservation Commission completed a related permitting review of the proposed plan, issuing its Order of Conditions on June 26, 2017. The Historical Commission also issued a Certificate of Appropriateness for the project on February 27, 2017. Finally, the MassDEP issued its Chapter 91 Waterways License No. 14450 for the project on August 2, 2017.

FINDINGS

In accordance with Section III-C, 8, the Board found that the Applicant proved to the Board’s satisfaction that the location of the proposed project is in fact not subject to flooding or not unsuitable because of drainage conditions. The Board further determined that the proposed use of the land will not interfere with the general purposes for which the Floodplain Protection Overlay District has been been established and will not be detrimental to the public health, safety and/or welfare.

Based on the information submitted and presented by the Applicant in support of the proposed floodplain development, and the discussion and deliberation of the Board during the hearing, the Board made the following findings in connection with the Special Permit A1 request, as required by Section I-F, 2:

a. The proposed use will be in harmony with the general purpose and intent of the Zoning By-Law, for the following reasons:
The proposed use as developed will be in harmony with the general purposes and intent of the By-Law. Specifically, the proposed bathhouse facilitates the adequate provision of parks and open space by providing Water Dependent Accessory Uses supportive of the existing principle use of the property as a public bathing beach. Additionally, the proposed elevation of the bathhouse structure will secure safety from flood events.

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 finished first floor elevation of the Bathhouse will adequately protect the interests of flood control and storm damage prevention in fulfillment of the purposes specified under Section III-C: Floodplain Protection Overlay District. The proposed building location will further comply with the dimensional requirements for construction within the Official and Open Space District, as modified by the Harbor Overlay District, 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 specific site is an appropriate location for the proposed bathhouse, which includes public restrooms and a Snack Stand, intended to support the existing principle use of the Bathing Beach. The building is compatible with the surrounding area.

d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons:
The proposed use as developed will accommodate 1’ of freeboard, creating positive impacts in terms of flood protection. No adverse impacts are expected.

e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:
The proposed design of the parking area will facilitate safe and convenient vehicular and pedestrian access for the proposed use. The installation of a 5’-wide pedestrian path will connect visitors to both the existing brick walkway along the beach and other amenities along the harbor and the downtown.

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 or will be provided to support the proposed use. The project includes new utility connections for water, sanitary sewer, gas, and electric service. An enclosed service area will house trash receptacles for solid waste disposal.

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 design, which was reviewed by the Boards’ peer review engineer, complies with DEP Stormwater Management Policy and Standards. The Applicant submitted an Operation Plan into the record. Additionally, the building design incorporates 1’ of freeboard as recommended by FEMA.

Based on the information submitted and presented by the Applicant in support of the proposed use of the building, and the discussion and deliberation of the Board during the hearing, the Board made the following findings in connection with the Special Permit A2 request:

a. The proposed use will be in harmony with the general purpose and intent of the Zoning By-Law, for the following reasons:
The proposed use as developed will be in harmony with the general purposes and intent of the By-Law. Specifically, the proposed bathhouse facilitates the adequate provision of parks and open space by providing accessory uses supportive of the existing principle use of the property as a public bathing beach. Additionally, the proposed elevation of the bathhouse structure will secure safety from flood events.

b. The proposed use complies with the purposes and standards of the relevant specific sections of this By-Law, for the following reasons:
The purpose of the Hingham Harbor Overlay District is to “promote access to and the use and enjoyment of the land and water along Hingham’s inner harbor, while protecting and enhancing its cultural, scenic and natural character.” The project includes allowed Uses Accessory to a Water Dependent Use as defined in Section III-H of the By-Law. The proposed building design and location also complies with the dimensional standards specified in Section IV-A as modified by Section III-H of the By-Law. Additionally, the plan complies with all relevant parking standards contained in the By-Law as modified by a Special Permit A3/Parking Determination issued by the Planning Board on July 11, 2017. Finally, the Conservation Commission and Historic District Commission respectively issued approvals for the project on June 26, 2017 and February 27, 2017, which suggests that the design will protect and enhance the cultural, scenic and natural character of the Town.

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 specific site is an appropriate location for the proposed bathhouse, which includes public restrooms and a Snack Stand, intended to support the existing principle use of the Bathing Beach. The building is compatible with the surrounding area.

h. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons:
The proposed development will create positive impacts related to vehicular and pedestrian circulation, landscaping, and stormwater management.

i. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:
The proposed design of the parking area will facilitate safe and convenient vehicular and pedestrian access for the proposed use. The installation of a 5’-wide pedestrian path will connect visitors to both the existing brick walkway along the beach and other amenities along the harbor and the downtown.

j. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use, for the following reasons:
Adequate facilities exist or will be provided to support the proposed use. The project includes new utility connections for water, sanitary sewer, gas, and electric service. An enclosed service area will house trash receptacles for solid waste disposal.

k. 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 design, which was reviewed by the Boards’ peer review engineer, complies with DEP Stormwater Management Policy and Standards. The Applicant submitted an Operation Plan into the record.


RULINGS AND DECISION

Upon a motion made by Joseph M. Fisher and seconded by Michael Mercurio, the Board of Appeals voted unanimously to GRANT a Special Permit A-1 under § III-C and a Special Permit A-2 under § III-A and § III-H, 5 of the By-Law and such other relief as necessary to construct a bathhouse building with a snack stand at 31 Otis Street in the Official and Open Space District and the Hingham Harbor and Floodplain Protection Overlay Districts, subject to the following conditions:

1. The Applicant shall construct the Project in a manner consistent with the approved plans and the representations made at the hearings before the Board. Additionally, the Applicant shall operate the snack stand in a manner consistent with the definition specified under § III-H, 4.
2. The Applicant shall prepare an Elevation Certificate based on construction drawings to include with the application for a Building Permit. A new Elevation Certificate based on finished construction shall be submitted prior to application for a Certificate of Occupancy.
3. No exterior amplified sound shall be permitted at the building.
4. In accordance with the provisions of the Hingham Zoning By-Law, the conditions imposed in the Planning Board Site Plan Approval, dated July, 11, 2017, are binding conditions to the Special Permit A2 decision of the Zoning Board of Appeals.

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,


_________________________________
Robyn S. Maguire
August 20, 2017