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TOWN OF HINGHAMBoard of AppealsNOTICE OF DECISIONVARIANCEIN THE MATTER OF:Applicant: Panek Donuts, LLC Agent: Jeffrey A. Tocchio, Esq. Victor Carvalho, Manager Drohan Tocchio & Morgan, P.C. 15 Ralston Road 175 Derby Street, Suite 30 Weymouth, MA 02190 Hingham, MA 02043Owner: Hingham Shipyard LLC 24 Shipyard Drive Hingham, MA 02043Premises: 315 Lincoln Street, Hingham, MA 02043 Deed Reference: Plymouth County Registry of Deeds, Book 14476, Page 5Plan References: Plan set entitled, “Site Development Plans for Panek Donuts, LLC, #315 Lincoln Street, Hingham, MA,” prepared by CHA, 141 Longwater Drive, Suite 104, Norwell, MA, dated May 20, 2019 and revised through July 31, 2019 (16 Sheets) Landscape plan entitled, “Site Planting Plan,” prepared by Hawk Design, Inc., Sagamore, MA, dated February 14, 2019 and revised through July 30, 2019 (1 Sheet) Architectural plan set entitled, “Dunkin’ 315 Lincoln Street, Hingham, MA,” prepared by Aharonian & Associates, Inc., dated July 30, 2019SUMMARY OF PROCEEDINGSThis matter came before the Board of Appeals (the "Board") on the application of Panek Donuts, LLC, Victor Carvalho, Manager, (the “Applicant”) for a Variance from § IV-A of the Zoning By-Law (the “By-Law”) and such other relief as necessary to construct a 2,070 SF Dunkin Donuts take out restaurant resulting in an 11’ rear yard setback where 25’ is required at 315 Lincoln Street in the Industrial District. In connection with the proposed use, the Applicant simultaneously filed related applications with the Planning Board for Site Plan Approval under § I-G and § I-I and a Special Permit A3 Parking Determination and/or Waivers under §§ III-G and V-A of the By-Law. The Board opened a duly noticed public hearing on the application during a meeting held in Hingham Town Hall on July 18, 2019. The hearing was held concurrently with a continued hearing on an application for a Special Permit A2 under § III-A, 4.9B to operate the takeout restaurant use. Subsequent sessions of the hearing were held on July 22, 2019 and August 13, 2019, at which time the Board voted unanimously to grant the requested Variance, with conditions as set forth below.The Board panel consisted of its regular members Robyn S. Maguire, Chair, and Paul K. Healey and associate member Mario Romania, Jr. The Applicant was represented during the hearings by: Jeffrey Tocchio, Esq., Drohan, Tocchio and Morgan, P.C.; Jackie Brousseau, Ahorian Associate Architecture; and Gabe Crocker, P.E., CHA. The proposed site plan and other supporting materials were reviewed by the Boards’ technical consultants: Patrick Brennan, P.E., of Amory Engineers, and Jeffrey Dirk, P.E., PTOE, FITE, of Vanasse & Associates, Inc. Throughout deliberations, the Zoning Administrator 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 33,400 SF of land located on the north side of Lincoln Street (Rt. 3A) between USS Amesbury Drive and Shipyard Drive East. The property is bound to the rear and each side by the Avalon Hingham Shipyard II site at 319 Lincoln Street, though there are reciprocal easements between the owner and Avalon that permit (1.) the storage of boats by the owner to the west of the development site on land owned by Avalon and (2.) parking and an emergency access drive to the east of the development site for the Avalon development on land owned by the owner. The site is presently improved by a single-story service shop, built in 1970, and formerly occupied by Weber Dodge and Meara Imaging. The existing building is nonconforming with respect to the required front yard setback (29’ where 40’ is required) and rear yard setback (9.9’ where 25’ is required). The proposed plan would replace the existing 5,320 SF building with a proposed 2,070 SF Dunkin Donuts restaurant, eliminating the front yard nonconformity and significantly reducing the rear yard nonconformity. APPROVAL CRITERIA 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:1. There are circumstances relating to soil conditions, shape or topography especially affecting the land but not affecting generally the zoning district. The property is characterized as long and shallow, with more than 300 linear feet along the front and rear property lines and just 99 linear feet and 123 linear feet along the west and east side property lines. A portion of the property is also subject to both an easement and a fire access drive outlet benefitting the owner of the adjoining Hingham Shipyard Avalon II. These conditions in combination with setback requirements limit the buildable area of the 33,406 SF lot to 6,710 SF; such conditions are not generally found in the zoning district. 2. The literal enforcement of the Bylaws would involve substantial hardship financial or otherwise. The shallow lot shape, easement area, and fire access drive outlet present physical and practical challenges to locating the building elsewhere on the property while also providing conforming drive aisles and parking spaces. A grant of a Variance in this instance will allow for a reasonable use of the property and placement of the building in a manner consistent with the existing improvements on the lot and in the Industrial District.3. A variance may be granted without substantial detriment to the public good. The grant of a dimensional Variance for the proposed redevelopment project will not result in noise, traffic or other similar negative impacts. Positive impacts include the elimination or reduction in existing nonconformities, introduction of landscaping, and addition of stormwater management. There will be no harm to the public good.4. A variance may be granted without nullifying or substantially derogating from the intent or purposes of the Bylaw. The proposed redevelopment project will result in the elimination of the existing front yard setback nonconformity and significant reduction in the area of the existing rear yard nonconformity, thereby making the property more consistent with the intent of the By-Law. The granting of a dimensional variance in this instance is consistent with the purposes of the By-Law. DECISIONUpon a motion made by Paul K. Healey and seconded by Mario Romania, Jr., the Board voted unanimously to GRANT the application of Panek Donuts, LLC for a Variance under § IV-A of the Zoning By-Law and such other relief as necessary to construct a 2,070 SF Dunkin Donuts take out restaurant resulting in an 11’ rear yard setback where 25’ is required at 315 Lincoln Street in the Industrial District, subject to the following conditions:1. The rights authorized by this Variance shall expire one year from the date this Decision is filed with the Town Clerk, unless exercised or extended in accordance with the terms of M.G.L. c. 40A, § 10.2. The Applicant shall complete the project in a manner consistent with the approved plans and the representations made during the hearing 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, ChairAugust 22, 2019