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

Board of Appeals



Applicant: LCB Senior Living LLC
3 Edgewater Drive, Suite 101
Norwood, MA 02062

Owner: Penniman Hill Farm & Garden Inc.
272 Whiting Street
Hingham, MA 02043

Property: 276 Whiting Street, Hingham, MA 02043

Deed Reference: Plymouth County Registry of Deeds, Book 43665, Page 39

Plan References: 1. Site plans entitled, “Site Development Plans,” prepared by Bohler Engineering, 352 Turnpike Road, Southborough, MA, dated July 20, 2017 and revised through November 29, 2017 (16 Sheets);
2. Architectural plans entitled, “The Residence at Penniman Hill, Hingham, MA,” prepared by The Architectural Team, Inc., dated August 9, 2017 and revised October 6, 2017 (6 Drawings)
3. Traffic Impact Study, prepared by McMahon Associates, Inc., 45 Bromfield Street, Boston, MA, dated July 2017
4. Fire Truck Turning Exhibit, prepared by Bohler Engineering, dated October 13, 2017


This matter came before the Board of Appeals (the "Board") on the application of LCB Senior Living, LLC (the "Applicant") for a Special Permit A2 under § III-A, 3.8B of the Zoning By-Law (the “By-Law”) and such other relief as necessary to construct a 90,591 SF assisted living facility on 5.13 acres and complete related parking and site improvements at 276 Whiting Street in Residence District C. In conjunction with this request, the Applicant simultaneously filed related applications with the Planning Board for Site Plan Review under § I-G and § I-I and a Special Permit A3 Parking Determination and/or Waivers under § V-A of the By-Law.

The Board opened the hearing on the application jointly with the Planning Board at a duly advertised and noticed public hearing held on September 25, 2017. A subsequent session was held jointly by the Boards on October 30, 2017. On December 4, 2017, the Planning Board, during a separate public hearing, voted to issue a Site Plan Approval in connection with the Special Permit A2 application. The Board then resumed its proceedings on December 11, 2017. In accordance with § I-I, 2.b., the Board then voted unanimously to grant, with conditions, the requested Special Permit A2 to construct an assisted living facility at 276 Whiting Street.

The Board of Appeals panel consisted of its regular members Robyn S. Maguire, Chair, and Joseph M. Fisher, and associate member Michael Mercurio. Paul Brogna, P.E., Seacoast Engineers, completed a peer review of the plans and other submissions on behalf of the Boards and presented his findings during the hearing. Jeffrey Dirk, P.E., PTOE, Vanasse & Associates, Inc., also completed a traffic peer review to assist the Boards. The Applicant, represented by Lee Bloom and Ted Doyle, appeared to present the applications to the Boards during the hearings, along with: Attorney Walter Sullivan; Jesse Johnson, Bohler Engineering; Anthony Vivanto, Architect; David Fomato, On-Site Engineering; and Erin Fredette, McMahon Associates.

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.


The subject property consists of approximately 223,544 SF, or 5.13 acres, of land located on the southerly side of Whiting Street (Route 53). The site is presently occupied by the Penniman Hill Farm, which includes a farm stand and garden center, greenhouses, and related improvements. As proposed, the easterly portion of the property would continue to maintain some greenhouse development, a single family residence, and an existing cell tower while the above-described portion to the west would be redeveloped for a 90,591 SF GFA, 90-unit senior living facility.

Access to the site would be provided via a single, centralized driveway on Whiting Street, with secondary emergency access provided through an easement on the retained easterly portion of the property. The use would be supported by 60 spaces located in two principal parking lots along the front and western side of the building. Four additional parking spaces are located in a smaller lot on the east side of the building.

The proposed building design, with shingle siding, gambrel roof lines and an articulated façade that follows the topography of the site, is based on a residential aesthetic. Submitted floor plans depict individual units, commercial kitchen, and shared facilities and services (dining room, living room, salon, and activities room), and administrative offices.

The proposed plan, which includes a (34’x30’) wastewater treatment plant building at the front (northwestern) corner of the lot, was previously reviewed and conditionally approved by the Board of Health. The Conservation Commission also has jurisdiction since the site includes both riverfront and wetland resource areas. As noted in the Procedural History, the Planning Board also reviewed the project and issued its conditional Site Plan Approval decision on December 11, 2017.

During the hearing, the Applicant revised the site plan to include a sidewalk on the west side of the project driveway and extending to Whiting Street. The Board of Health and Police Chief each recommended that the applicant consider coordinating with MassDOT to construct a sidewalk within the state layout in front of the property. The Applicant presented revised plans during the October hearing that included a proposed sidewalk along its frontage, though it was subsequently removed from the plan. The Planning Board, however, imposed a condition requiring the Applicant to permit and install the sidewalk in its Site Plan Approval.

Finally, the Board confirmed that the existing cell tower on the remaining portion of the Penniman property, as revised during the hearing process, will comply with current fall zone standards specified under Section V-E.


Based upon the information submitted and received, and the deliberations and discussions of Board members during the hearing, the Board made the following findings in accordance with § I-I, 2.b:

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 assisted living facility (Use 3.8B) is permitted by special permit in Residence District C. The use 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 plan, as revised, was designed in compliance with relevant standards specified in the By-Law with respect to setbacks, including those required between the existing cell tower on the remaining Penniman Hill land and the proposed easterly side property line for the subject property. The Planning Board additionally considered a request to waive the parking requirement specified under Section V-A from 90 spaces to 60 spaces.

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 proposed use is compatible with the surrounding area. The proposed building design, with shingle siding, gambrel roof lines and an articulated façade that follows the topography of the site, appears to be based on a residential aesthetic, which is appropriate for the District.

d. 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 and stormwater management, while serving a community need for assisted living opportunities.

e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:
The proposed design of the parking area facilitates and other site improvements provide safe and convenient vehicular and pedestrian access for the proposed use. The proposed curb cut location provides adequate sight lines. Secondary emergency access will be made available via easement through a common driveway on the remaining Penniman Hill land. Pedestrian access to and from the site will be accommodated through construction of a proposed sidewalk both within the adjacent Whiting Street state layout and along the main driveway to the facility. There will be no nuisance to vehicles or pedestrians resulting from the proposed project.

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 to support the redeveloped use. The Board of Health previously approved the proposed waste water treatment plant for the facility. An enclosed service area will house dumpsters 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 stormwater management system design, which was reviewed by the Boards’ peer review engineer, complies with DEP Stormwater Management Policy and Standards.


Upon a motion made by Joseph M. Fisher and seconded by Michael Mercurio, the Board voted unanimously to APPROVE the requested Special Permit A2 under § III-A, 3.8B of the By-Law and such other relief as necessary to construct a 90,591 SF assisted living facility on 5.13 acres and complete related parking and site improvements at 276 Whiting Street in Residence District C, 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.
2. Within 60 days of this Decision, the Applicant shall submit an Access Permit to MassDOT to permit and construct a sidewalk, previously identified on Site Plans, dated October 13, 2017, and required by Condition 5 of the Planning Board’s Site Plan Review decision, dated December 11, 2017. The Applicant shall construct the connection within 6 months of receiving MassDOT approval.
3. In accordance with the provisions of the Hingham Zoning By-Law, the conditions imposed in the Planning Board Site Plan Review decision are binding conditions to this 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
January 9, 2018