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TOWN OF HINGHAM
Board of Appeals
NOTICE OF DECISION
IN THE MATTER OF:
Owner/Applicant: Sea Chain Marina LLC
C/O Hingham Shipyard Marinas
24 Shipyard Drive
Hingham, MA 02043
Agents: Peter McCarthy and Jeffrey A. Tocchio
Structures Engineering Drohan Tocchio & Morgan, P.C.
1020 Plain Street 175 Derby Street, Suite 30
Marshfield, MA 02050 Hingham, MA 02043
Property: 24 Shipyard Drive, Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds, Book 34014, Page 53
Plan References: Plan entitled, "Existing and Proposed Structure Location Plan and East Elevation," prepared by Structures Engineering, 1020 Plain Street, Marshfield, MA, dated January 24, 2018 (Drawing Ex-1)
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals (the “Board”) on the application of Sea Chain Marina LLC (the “Applicant”) for a Special Permit A2 under § IV-G and Special Permit A1 under § III-C, 8. of the Zoning By-Law (the "By-Law”) and such other relief as necessary to modify previously approved plans for the Hingham Shipyard Redevelopment through repair of an existing Fisherman’s Pier and reconstruction of associated buildings at 24 Shipyard Drive in the Industrial District and Floodplain Protection Overlay District.
The Applicant simultaneously filed an application for Site Plan Approval under § I-G and § I-I of the By-Law with the Planning Board. The Planning Board held a hearing on the matter on February 12, 2018, voting to approve the plan with conditions.
The Board of Appeals opened concurrent hearings on the special permit applications during a duly noticed public hearing on January 16, 2018 in Hingham Town Hall, 210 Central Street. This initial hearing was continued without the receipt of testimony at the Applicant’s request to February 13, 2018. The Board of Appeals panel consisted of its regular members Robyn S. Maguire, Chairman, and Joseph M. Fisher and associate member Mario Romania, Jr. The Applicant was represented by Cheri Rudzinsky and Vincent DiTullio, Hingham Shipyard Marinas and Attorney Jeffrey A. Tocchio. At the conclusion of the proceedings, the Board voted unanimously to approve the Major Modifications with conditions.
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 proposed plan specifically calls for repair and reconstruction of 222+/- linear feet of decking on the existing commercial pier. In order to complete the work, existing structures or fishing shacks will be removed. Following repair of the pier, which includes raising the elevation of the deck by approximately 1-ft. to el. 15.6 (BFE is 12), the commercial buildings will be reconfigured and reconstructed. Please see excerpt from the submitted plan that confirms that the proposed structures will maintain the same overall area as the existing (4,044 SF).
In addition to the Planning Board Site Plan Approval noted in the Summary of Proceedings, the Board learned during the hearing that the Conservation Commission’s regulations consider the proposed project to consist of maintenance. As a result, the Conservation Officer approved a related building permit, with the condition that the contractor use best management practices to prevent debris from entering the water during construction.
Based on the information submitted with the application and presented during the hearing, the Board finds that the proposed modification to the approved plans through repair of an existing Fisherman’s Pier and reconstruction of associated buildings at 24 Shipyard Drive would not affect the specific findings made by the Board in conjunction with its Special Permit A1 and A2 Decision for the Hingham Shipyard Mixed-Use Redevelopment, originally issued on May 12, 2003.
Upon a motion made by Joseph M. Fisher and seconded by Mario Romania, Jr., the Board voted unanimously to GRANT the requested for a Special Permit A2 under § IV-G and Special Permit A1 under § III-C, 8. of the By-Law and such other relief as necessary to modify previously approved plans for the Hingham Shipyard Redevelopment through repair of an existing Fisherman’s Pier and reconstruction of associated buildings at 24 Shipyard Drive in the Industrial District and Floodplain Protection Overlay District, subject to the following Conditions:
1. All conditions of the previous Special Permit Decisions for the Property remain in effect unless specifically modified by this Decision.
2. The Applicant shall construct the Project in a manner consistent with the approved plans and the representations made at the hearings before the Board.
3. In accordance with the provisions of the Hingham Zoning By-Law, the conditions imposed in the Planning Board Site Plan Approval, as voted on February 12, 2018, are binding conditions to this decision of the Zoning Board of Appeals.
For The Board of Appeals,
Robyn S. Maguire
March 13, 2018