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TOWN OF HINGHAM
Board of Appeals

NOTICE OF DECISION
SPECIAL PERMIT A2

IN THE MATTER OF:

Owner: 291 Mystic LLC
10 Hutchinson Drive
Danvers, MA 01923

Applicant: Lawrence J. Russo, Manager Agent: Cavanaro Consulting
12 Beacon St. #3 687 Main Street
Stoneham, MA 02180 Norwell, MA 02061

Premise/Property: 335 Lincoln Street, Hingham, MA 02043

Title Reference: Certificate of Title No. 123038 issued by the Plymouth County Registry District of the Land Court

Plan Reference: Sites plans entitled, "Site Plan Set, Russo Marine, 335 Lincoln Street, Hingham, MA,” prepared by Cavanaro Consulting, 687 Main Street, Norwell, MA, dated December 12, 2017 and revised through January 29, 2018 (3 Sheets); Architectural plan set, prepared by Sharkey Design Co., Inc., 74 Clarendon Street, Boston, MA, dated January 19, 2018 (Cover and 7 Drawings); Photometric plan entitled, “Russo Marine Site Lighting,” prepared by Nardone Electrical Corporation, 160 Olympia Ave., Woburn, MA, dated December 7, 2017 (1 Drawing); and untitled, undated rendering of the proposed front building elevation depicting trees and mural locations, received February 4, 2018.

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals (the "Board") on the application of Lawrence J. Russo, Manager of Russo Marine (the "Applicant"), for a Special Permit A2 under § IV-A, of the Zoning By-Law (the "By-Law") and such other relief as necessary to replace an existing building with a new boat sales, repair, and storage building resulting in a 0.41 Floor Area Ratio at 335 Lincoln Street in the Industrial District.


In connection with this request, 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 separately reviewed the application and voted to conditionally approve the Site Plan on February 12, 2018. The Planning Board also heard and approved a related application for a Special Permit A3/Parking Determination.

The Board opened a duly advertised and noticed public hearing on the application on January 30, 2018. Following discussion and at the Applicant’s request, the Board continued the public hearing to February 15, 2018. The Board panel consisted of its regular members Robyn S. Maguire, Chair, and Joseph M. Fisher, and associate member Michael Mercurio. In addition to the Applicant, John Cavanaro, P.E., and Carmen Hudson, P.E., both of Cavanaro Consulting, Inc., appeared to present the application. At the conclusion of the hearing, the Board voted unanimously to grant the requested Special Permit A2 under § IV-A of the By-Law with conditions as 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

The subject property consists of approximately 133,765 SF, or 3.1 acres of land located on the northerly side of Lincoln Street (Route 3A) in close proximity to the Hingham Shipyard Redevelopment and the MBTA Commuter Boat parking lot. The existing business on the property, Russo Marine, presently operates out of a relatively small commercial building consisting of approximately 1,800 SF. Boat storage, sales and servicing is also currently conducted on the property out in the open.

The Applicant plans to improve the property and business operations by constructing a new storage building on an existing foundation located on site. In connection with the building construction, the plan also includes driveway, parking, drainage, and landscaping improvements. An existing wooden boardwalk would also be extended along the front façade.

During the public hearing, Members discussed at some length how the building would tie into the surrounding Hingham Shipyard Redevelopment. The Board agreed that the proposed massing and design of the building was appropriate for the area. Members also noted that the proposed building design appeared to be based on an industrial aesthetic with references to both the maritime history and current use of the property.

FINDINGS

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 existing and proposed use of the property for boat sales, storage and service (Use 5.4) is permitted by right in the Industrial District. 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 would result in a 0.41 Floor Area Ratio, which is permitted by Special Permit A2. The Planning Board additionally approved a request to waive the parking requirement specified for the use under Section V-A to 22 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 use is existing and compatible with the surrounding Shipyard Redevelopment area. The proposed building will screen from view activities that are currently conducted in the open. The proposed building design, which appears to be influenced by industrial and maritime styles, is also 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 use of the site will remain unchanged, but drainage improvements will be made in connection with the building construction.

e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:
Vehicular entrances and exits will remain unchanged. Circulation through the site will be improved by connecting the existing front parking area to the west driveway. Driveways will also be widened adjacent to the proposed building’s overhead doors to improve maneuvering.

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 continued use of the property for boat sales, storage, and service. An existing dumpster will provide solid waste disposal for the proposed building. The proposed building will be connected to public sewer and stormwater will be treated and controlled to reduce or match existing conditions.

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.

RULINGS AND DECISION

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 § IV-A of the By-Law to replace an existing building with a new boat sales, repair, and storage building resulting in a 0.41 Floor Area Ratio at 335 Lincoln Street, 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. In accordance with the provisions of the Hingham Zoning By-Law, the conditions imposed in the Planning Board Site Plan Review decision, as voted on February 12, 2018, 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
April 30, 2018