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TOWN OF HINGHAM
Board of Appeals
NOTICE OF DECISION
SPECIAL PERMIT MODIFICATION
IN THE MATTER OF:
Applicant: Lisa Parsons Unit Owner: EHP Properties, LLC
20 Newton Street 69 Water Street
Hull, MA 02045 Hingham, MA 02043
Property: 69 Water Street
Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds, Book 45870, Page 164
Plan References: Plan set entitled, "Parsons Residence, Addition/Renovation," prepared by Alan Kearney Architect, 222 North Street, Hingham, MA and Jesse Kropelnicki, P.E., SSB Engineering, LLC, Boston, MA, dated June 16, 2017 (5 Drawings)
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals (the “Board”) on the application of Lisa Parsons (the “Applicant”) for a Special Permit A2 Modification under § III-G of the Zoning By-Law (the “By-Law”) and such other relief as necessary to revise architectural plans for a Commercial/Residential Building to be located at 69 Water Street in Business District A and the Downtown Hingham Overlay District. The Applicant simultaneously filed an application with the Planning Board for Site Plan Approval in connection with the Special Permit A2 Modification as required under §§ I-G and I-I of the By-Law.
The Board heard the request during a joint public meeting with the Planning Board held on Tuesday, July 11, 2017 in Hingham Town Hall. The Board panel consisted of its regular members Robyn S. Maguire, Acting Chair, and Joseph M. Fisher and associate member Michael Mercurio. The Applicant and the project architect, Alan Kearney, appeared before the Boards to present the request.
During the meeting, the Planning determined that the revised plan constituted a minor site plan in accordance with § I-I, 5. (b) and waived the requirement for a public hearing on the matter. At the conclusion of the proceedings, the Board voted unanimously to approve the Special Permit A2 Modification under § III-G of the By-Law.
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 meeting.
The subject property consists of approximately 0.5 acres located at the corner of Water Street and Green Street. The lot supports a multi-unit commercial condominium development and related improvements.
The Board issued a Special Permit A2 in February 2016 allowing the Applicant to locate a residential unit appurtenant to the end unit on the northerly portion of the site. As originally approved, the entire building façade facing Water Street and a portion of that fronts on Green Street would continue to be occupied by the retail store, White Magdalena. However, the rear portion of the unit would have been dedicated to a residential entryway, kitchen and living space. Two-bedrooms would occupy a proposed second-story addition. The Applicant sought and attained a Special Permit Modification in February 2017 that converted the entire ground floor space to commercial/retail use, with the exception of an existing garage that was previously approved as an onsite parking space for the residential unit. Additionally, the revised construction included a third story, where previously a second story addition had been approved.
The Applicant now seeks a more limited modification of the approved plans that would largely be related to revised architectural details, such as window specifications and rooflines.
FINDINGS AND DECISION
Based upon the information submitted to the Board, and the deliberations and discussions of members during the meeting, the Board has determined that the revised architectural plans are consistent with the findings made in its prior Decisions; therefore, the Board accepted the revised plans as a minor modification.
Upon a motion made by Joseph M. Fisher and seconded by Michael Mercurio, the Board voted unanimously to modify the Commercial/Residential Building Special Permit A2, issued under § III-G of the By-Law, subject to the following Conditions:
1. The Applicant shall construct the Project in a manner consistent with the approved plans and the representations made to the Board.
2. All conditions of the previous Special Permit Decision, dated February 16, 2016, and revised February 14, 2017, remain in effect unless specifically modified by this Decision.
For The Board of Appeals,
Robyn S. Maguire
September 11, 2017