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TOWN OF HINGHAM
Board of Appeals

NOTICE OF DECISION
SPECIAL PERMIT

IN THE MATTER OF:

Applicant: William and Katharine Reardon
9 Steamboat Lane
Hingham, MA 02043

Owner: Katharine Reardon
9 Steamboat Lane
Hingham, MA 02043

Agent: David J. Crispin, PE, PLS
BSC Group
803 Summer Street
Boston, MA 02127

Premises/Property: 9 Steamboat Lane, Hingham, MA 02043

Title Reference: Plymouth County Registry of Deeds, Book 16588, Page 64

Plan Reference: Plan entitled, "Steamboat Lane Boathouse Storage Shed,” prepared by BSC Group, 803 Summer Street, Boston, MA, dated February 9, 2018

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals (the "Board") on the application of William and Katharine Reardon (collectively, the "Applicant") for a Special Permit A1 under § III-C of the Zoning By-Law (the "By-Law") and such other relief as necessary to place a (16’x24’) shed/boathouse for storage at 9 Steamboat Lane in Residence District C and the Floodplain Protection Overlay District.

The Board opened a duly advertised and noticed public hearing on the application on March 20, 2018. The Board panel consisted of its regular members Robyn S. Maguire, Chairman, and Joseph M. Fisher, and associate member Joseph W. Freeman. The Applicant and his Agent, David J. Crispin, PE, PLS, from BSC Group, appeared to present the application. At the conclusion of the hearing, the Board voted unanimously to grant the requested Special Permit A1 under § III-C 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 61,080 SF of land accessed via a 10’-wide, private right of way known as Steamboat Lane. The property is improved by a single family dwelling and related accessory structures, including a detached garage and tennis court. The proposed project calls for construction of a (16’x24’) shed/boathouse that would be used for storage of kayaks and other small craft and garden tools. The proposed location was selected for its proximity to both the waterfront and an existing garden.

The proposed shed location also falls within a mapped floodplain (FEMA Flood Zone VE 11); however, the Board received with the application an Elevation Certificate that indicates the building location is 2’ above base flood elevation. The proposed structure will additionally be sited such that the bottom of the lowest horizontal structure will be at elevation 14.

Members noted during the hearing that the By-Law requires the Board to refer this type of request to the Planning Board, Conservation Commission, and Board of Health. In response, the Community Planning Director relayed her assessment that the proposed project would not (1) trigger Planning Board review or (2) be detrimental in any way to health, safety and the general welfare. The Conservation Commission reviewed a related Request for Determination of Applicability application during its meeting of March 12, 2018, making a Negative determination that authorizes the proposed construction. Finally, the Executive Health Director also reviewed the proposed plan on behalf of the Board of Health. She requested and received confirmation from the Applicant that there would be no heat or bathroom facilities in the structure. She indicated that she had no other comments.

FINDINGS

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

In accordance specifically with Section III-C, 8., the Board finds that the subject property is not in fact subject to flooding or unsuitable based on drainage conditions for the proposed addition. The Board further finds that use of the property will not interfere with the general purposes for which the Floodplain Protection Overlay District has been established and will not be detrimental to the public health, safety, or welfare.

With respect to the general Special Permit Approval Criteria under Section I-F, 2., the Board finds that:

a. The proposed use of the site is in harmony with the general purpose and intent of the Zoning By-Law, for the following reasons:
The Property is located within the Residence C Zoning District surrounded by other residential dwellings. The Property is an appropriate location for the proposed accessory residential use.

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 accessory structure adequately protects the interests of flood control and storm damage prevention in fulfillment of the purposes under Section III-C: Floodplain Protection Overlay District. The proposed location will further comply with the dimensional requirements for construction within the Residence District C in which it is located.

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 located within the Residence C Zoning District surrounded by other residential dwellings, many of which include detached accessory structures; thus, the proposed construction is consistent with the characteristics of the neighborhood. Additionally, the elevation of the proposed project location is 2’ higher than the base flood elevation associated with the mapped FEMA Flood Zone VE (el. 11.) and the proposed building will be sited such that the bottom of the lowest horizontal structure will be at elevation 14, so construction will not result in ponding or flooding.

d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons:
An existing accessory structure will be removed from the Property in connection with the project, which creates positive impacts by eliminating dimensional nonconformities associated with existing structure. The project overall will not interfere with the general purposes of the Floodplain Protection Overlay District and will not be detrimental to the public health, safety and or/welfare.

e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:
The construction of a detached accessory structure will not create a nuisance or hazard.

f. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use, for the following reasons:
The proposed structure will not include heat or bathroom facilities. Adequate facilities exist for the proposed use of the accessory structure as a storage shed and boathouse.

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 structure will be placed on sonotubes, which is an accepted design standard to permit the passage and temporary storage of floodwaters if necessary.

RULINGS AND DECISION

Upon a motion made by Joseph M. Fisher and seconded by Joseph W. Freeman, the Board voted unanimously to GRANT the requested Special Permit A1 under § III-C of the By-Law to place a (16’x24’) shed/boathouse for storage at 9 Steamboat Lane in Residence District C and the Floodplain Protection Overlay District, subject to the following condition:

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.

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
May 14, 2018