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TOWN OF HINGHAM
Board of Appeals

NOTICE OF DECISION
SPECIAL PERMIT

IN THE MATTER OF:

Applicant: Bradford A. Selland
Bradford Distillery, LLC
3 Pond Park Road, Unit 4
Hingham, MA 02043

Property Owner: South Shore Industrial Park Trust
20 Winthrop Square
Boston, MA 02110

Premises: 3 Pond Park Rd., Hingham, MA 02043

Title Reference: Plymouth County Registry of Deeds, Book 3608, Page 314

Plan References: Plans entitled: "Parking Plan," prepared by Outback Engineering, Inc., 165 East Grove Street, Middleborough, MA, dated April 6, 2015 (Sheet 1 of 1) and "Proposed Floor Plans," prepared by Design Concepts of New England, 857 High Street, Bridgewater, MA, dated December 12, 2012, Drawing A2

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals (the "Board") on the application of Bradford A. Selland, Bradford Distillery, LLC (the "Applicant") for a Special Permit A2 under § III-A, 4.25 of the Zoning By-Law (the "By-Law") and such other relief as necessary to operate an accessory retail use in an existing distillery located at 3 Pond Park Road in the Industrial Park and South Hingham Development Overlay District. In conjunction with this Special Permit A2 application, the Applicant simultaneously filed an application with the Planning Board for Site Plan Approval under § I-G and § I-I, along with a Special Permit A3 Parking Determination, with waivers if necessary, under § V-A of the By-Law.

The Board opened a hearing on the application jointly with the Planning Board at a duly advertised and noticed public hearing on September 26, 2016 at Hingham Town Hall, 210 Central Street. At the conclusion of the hearing, the Planning Board voted to issue Site Plan Approval and a Special Permit A3 Parking Determination with conditions. In accordance with § I-I, 2.b., the Board then voted unanimously at the conclusion of its hearing to conditionally grant the requested Special Permit to operate an accessory retail use within the existing distillery.

The Board of Appeals panel consisted of its regular members Joseph W. Freeman, Chairman, Robyn S. Maguire, and Joseph M. Fisher. The Applicant appeared to present the application. Richard P. Beal, Senior Vice President of AW Perry, also appeared on behalf of the owner to support the request.

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

The subject property consists of a 4.89 acre parcel improved by an existing 40,000 SF multitenant industrial building along with associated parking and utilities. The Applicant presently operates a craft potato vodka distillery within a space approximately 5,000 SF in area. No exterior changes would be made to accommodate the proposed accessory use, which would be located in an existing front room of the facility. In addition to sales of vodka made on the premises, the Applicant plans to sell small retail items including t-shirts, glassware, and gift baskets. Tastings and tours of the distillery would also be offered on occasion.

FINDINGS

Based on the information submitted and presented during the hearing, the Board made the following findings:

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 accessory use, which is incidental the permitted principal use, is consistent 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 complies with the maximum 15% GFA limitation specified in § III-A, 4.25 for accessory retail use.

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 Property is an appropriate location for the proposed accessory use. The footprint of the existing building will not be altered in connection with the proposed use.

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 will not create adverse impacts as the existing footprint of the building is not to be altered in any way and the existing site provides adequate parking for the proposed use.

e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons: There will be no nuisance or serious injury to vehicles or pedestrians.

f. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use, for the following reasons: The building has adequate facilities for the operation of the existing uses within the building.

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: All alterations for the accessory retail use will be contained within the interior portions of the existing building.

RULINGS AND DECISION

Upon a motion made by Robyn S. Maguire and seconded by Joseph M. Fisher, the Board of Appeals voted unanimously to GRANT the Special Permit A2 to allow operation of an accessory retail use under § III-A, 4.25 of the By-Law within an existing distillery located at 3 Pond Park Road in the Industrial Park and South Hingham Development Overlay District, subject to the following conditions:

1. The Applicant shall construct and operate the Project in a manner consistent with the approved plans and the representations made at the hearings before the Board, such that the accessory retail use shall be open to the public only between the hours of 4:00 PM - 8:00 PM on Thursdays and Fridays and 10:00 AM - 6:00 PM on Saturdays.

2. 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,


_________________________________
Joseph W. Freeman
November 8, 2016