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TOWN OF HINGHAM
Board of Appeals

NOTICE OF DECISION
SPECIAL PERMIT A2

IN THE MATTER OF:

Applicant/Owner: Falcon LLC Agent: Bruce A. Issadore, Esq.
88 West Grove Street Issadore Law LLC
Middleboro, MA 02346 17 Accord Park Dr. – Suite 100
Norwell, MA 02061
Property:         45 Industrial Park Road
Hingham, MA 02043

Deed Reference: Plymouth County Registry of Deeds Book 50208, Page 184
Certificate of Title No. 127364 issued by the Plymouth County Registry District of the Land Court

Plan References: Plan entitled, "Site Plan – 45 Industrial Park Rd. Hingham, MA " prepared by Cavanaro Consulting, 687 Main Street, Norwell, MA, dated June 10, 2019 and last revised on July 26, 2019 (1 Sheet)

Plan set entitled, "45 Industrial Park, Hingham, MA 02043,” including floor plans, elevations, and lighting plans, prepared by I-Kanda Architects, LLC, 364 Main Street, Charlestown, MA, dated November 27, 2018 (6 Drawings)

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals (the “Board”) on the application of Falcon LLC (the “Applicant”) for a Special Permit A2 under § III-A, 4.12A of the Zoning By-Law (the “By-Law”) and such other relief as necessary to renovate 4,270 SF of an existing building for use as a ballet and dance training and conditioning facility at 45 Industrial Park Road in the Industrial Park and South Hingham Development Overlay District.

In connection with this request, the Applicant simultaneously filed an application for Site Plan Review 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 August 5, 2019. The Planning Board also heard and approved a related application for a Special Permit A3/Parking Determination. The Planning Board decisions were filed with the Town Clerk on August 12, 2019.

The Board opened a duly advertised and noticed public hearing on the application on July 23, 2019. At the Applicant’s request, the Board continued the public hearing without the receipt of testimony to August 20, 2019. The Board panel consisted of its regular members Robyn S. Maguire, Chair, and Paul K. Healey, and associate member Joseph Ruccio. In addition to the Applicant, Bruce A. Issadore, Esq., counsel for the Applicant, appeared to present the application. At the conclusion of the hearing, the Board voted unanimously to grant the requested Special Permit A2 under § III-A, 4.12A 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 meeting.

BACKGROUND

The subject property consists of approximately 103,381 SF, or 2.37 acres of land, located on the southerly side of Industrial Park Road at its intersection with Pond Park Road. The lot supports a commercial building and related improvements, including an addition to the existing building approved in 2018 which is close to completion.

The Applicant plans to renovate approximately 4,270 square feet of the existing building and to lease such improved space to a tenant whose business is to conduct classes for ballet and dance training and conditioning, in addition to other permitted uses at the site. As the Site Plan shows in its chart of operations of businesses on the property, except for a small crossover period of an hour or so, the operations of the ballet school occur in late afternoon and evening, and will often be the only operations occurring on site. During the hearing, the Applicant indicated that classes offered at the facility would typically conclude by 9:00 pm at the latest. The use would operate 6 days per week.

No changes to the exterior façade of the building are required by the proposed renovation; however, limited improvements will be made to the overall property. These include a slight modification to the access drive from Industrial Park Road to improve turning radii and sight lines and the addition of 8 parking spaces for a total of 37. No new impervious surfaces will result from these improvements.

FINDINGS

Based upon the information submitted and received at the hearing, and the deliberations and discussions of Board members during the meeting, the Board has determined that:

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 is consistent with the general purpose of the By-Law as no adverse impact is expected to the health, safety, or welfare of the abutting businesses, neighbors, or the Town.

b. The proposed use complies with the purposes and standards of the relevant specific sections of this By-Law, for the following reasons: A health club use is permitted by Special Permit in the Industrial District where this property lies. The dimensionally conforming addition to the existing building was approved through a Site Plan Review process with the Planning Board in 2018. The proposed project was again approved by the Planning Board through issuance of a Site Plan Approval and a Special Permit A3/Parking Determination dated August 12, 2019.

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 subject property is an appropriate location for the proposed ballet and dance training facility. The proposed hours of operation complement other office and commercial uses within the building and the area.

d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons: There will be no adverse impacts associated with the proposed use of the existing tenant space.

e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons: The subject property is located on the southerly side of Industrial Park Road at its intersection with Pond Park Road. There are curb cuts on both roadways, which enhances internal circulation through the site and enhances drivers’ ability to drop-off students to the proposed ballet and dance training facility. Additionally, traffic and parking impacts associated with the proposed use will be minimized by off peak hours operating hours.

f. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use, for the following reasons: The addition to the building was previously permitted and presently constructed. Adequate facilities exist to support the proposed use. The building is served by water and an onsite wastewater disposal system with capacity to serve 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: No exterior building construction is proposed in connection with the Project. The existing systems are adequate for the proposed use and do not require modification.

DECISION

Upon a motion made by Paul K. Healey and seconded by Joseph Ruccio, the Board voted unanimously to GRANT the requested Special Permit A2 under § III-A, 4.12A of the By-Law and such other relief as necessary to renovate 4,270 SF of an existing building for use as a Health Club consisting of a ballet and dance training facility at 45 Industrial Park Road in the Industrial Park and South Hingham Development Overlay District, subject to the following conditions:

1. The Applicant shall complete the Project and operate the use in a manner consistent with the approved plans and the representations made at the hearing before the Board.
2. In accordance with the provisions of the Hingham Zoning By-Law, the conditions imposed in the Planning Board Site Plan Approval, filed with the Town Clerk on August 12, 2019, 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, Chair
August 21, 2019