View Other Items in this Archive |
View All Archives | Printable Version
TOWN OF HINGHAM
Board of Appeals
NOTICE OF DECISION
SPECIAL PERMIT MODIFICATION
IN THE MATTER OF:
Owner: Keith Way Condominium Trust
David J. Chase and Thomas F. O’Brien, Trustees
188 Whiting Street
Hingham, MA 02043
Applicant: Independence Realty Trust
David J. Chase, Trustee
188 Whiting Street
Hingham, MA 02043
Premise/Property: 4 Keith Way (Building #3), Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds, Book 5812, Page 1
Plan Reference: Plan entitled, "As Built Plan of Land, 2 & 4 Keith Way, Hingham, Mass,” prepared by Keefe Associates, 5 Carmela Lane, Buzzards Bay, MA, dated November 7, 2018 (1 Sheets)
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals (the "Board") on the application of Independence Realty Trust, David J. Chase, Trustee (the "Applicant") to modify a Special Permit A1, issued on April 17, 2018, under § III-C, 8. of the Zoning By-Law (the "By-Law") and such other relief as necessary to amend the approved plans for the office/storage building to be developed at 4 Keith Way in the Floodplain Protection Overlay District.
On December 18, 2018, the Board opened a duly advertised and noticed public hearing on the application together with a concurrent hearing on a related application for a Variance from § IV-A of the By-Law and such other relief as necessary to maintain a portion of the newly constructed office/storage building with a 34’ side yard setback where 35’ is required in the Industrial Park District. The Board panel consisted of its regular members Joseph M. Fisher, Chair, and Robyn S. Maguire, and associate member Mario Romania, Jr. The Applicant appeared before the Board to represent the application. At the conclusion of the hearing, the Board voted unanimously to grant the requested modification of a Special Permit, issued on April 17, 2018, 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.
The subject property consists of approximately 4 acres of land (176,331 SF) located at the corner of Keith Way and the Derby Street Shoppes Service Road. The lot is improved by multiple industrial condominium buildings.
The Applicant previously sought and attained permits to construct a new 1,200 SF office/warehouse building adjacent to the easterly façade of Unit 4. Since the property is located partially within a mapped floodplain (FEMA Flood Zone A) as depicted on Part B of the Zoning Map, one such permit consisted of an exemption, issued by the Board through a Special Permit A1 under Section III-C of the By-Law, from the general prohibition on building within a mapped floodplain zoning district. The exemption was granted based in part on a Letter of Map Revision Based on Fill (LOMR-F) included with the application that removed Unit 4 from the Special Flood Hazard Area.
The Applicant represented during the hearing that construction of the approved building was largely completed. The foundation as-built plan revealed an unpermitted plan change, consisting of a 2.8’ x 8.2’ front entryway, that requires additional relief in the form of both a variance from the required side yard setback and a modification of the original Special Permit A1, dated April 17, 2018.
Based on the information submitted and presented during the hearing, and the deliberations and discussions of the Board during the hearing, the Board made the following findings.
With respect to Section III-C, 8 of the By-Law, the Board finds that the modified building design, which includes a small front entryway addition, does not affect the findings incorporated into the original Special Permit A1 Decision, dated April 17, 2018. The subject property is not in fact subject to flooding or unsuitable based on drainage conditions for the proposed construction and the 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 reissued or modified the findings incorporated into the original Special Permit A1 Decision, dated April 17, 2018, as follows:
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 use as developed will be in harmony with the general purposes and intent of the By-Law. The proposed use of the building is permitted in the Industrial Park and South Hingham Development Overlay District and the addition will secure safety from flood.
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 design of the addition will adequately protect the interests of flood control and storm damage prevention in fulfillment of the purposes specified under Section III-C: Floodplain Protection Overlay District. The proposed building location and design will further comply with the dimensional requirements for construction within the Industrial Park District, as modified by the South Hingham Development Overlay District, in which it is located with the exception of a small incursion at the front entrance, which is permitted by variance.
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 specific site is an appropriate location for the proposed addition since the existing building on the site is subject to a FEMA-approved Letter of Map Revision Based on Fill (LOMR-F). The building design is also compatible with the surrounding area.
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 as developed will accommodate office and warehouse space. No adverse impacts are expected.
e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:
The proposed design of the addition will not result in additional traffic or create any safety issues for the other uses on the site or in the area more generally.
f. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use, for the following reasons:
Adequate facilities, including specifically parking and wastewater disposal facilities, exist or will be provided to support the proposed use.
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 addition and related site improvements, which were reviewed by the Planning Board and Board of Health, comply with accepted design standards.
RULINGS AND DECISION
Upon a motion made by Robyn S. Maguire and seconded by Mario Romania, Jr., the Board voted unanimously to GRANT the request modify the Special Permit A1, issued on April 17, 2018, under § III-C, 8. of the By-Law to amend the approved plans for the office/storage building to be developed at 4 Keith Way in the Floodplain Protection Overlay District, subject to the condition that the Applicant’s representations to the Board are accurate.
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 M. Fisher, Chair
February 25, 2019