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TOWN OF HINGHAMBoard of AppealsNOTICE OF DECISIONSPECIAL PERMIT IN THE MATTER OF:Applicant: JS Barry Development, LLC PO Box 948 Hanover, MA 023339 Applicant’s Agent: Walter B. Sullivan 80 Washington Street Building B, Suite No. 7 Norwell, MA 02061Owners: J MGH Hingham, LLC and Dennis S. & Mary C. Ciolkosz 18 Grasshopper Lane 39 Pelham Walk Scituate, MA 02066 Plymouth, MA 02360Property: 103-105 North Street and 11 Bank Avenue, Hingham, MA 02043 Title References: Plymouth County Registry of Deeds, Book 49863, Page 104 and Book 4906, Page 258Plan References: “Site Plan Set, 103 & 105 North Street and 11 Bank Avenue, Hingham MA, Assessor Map 61 Lot 79, Hingham, MA 02043,” prepared by Cavanaro Consulting, 687 Main Street, Norwell, MA, dated April 15, 2019, revised through May 23, 2019 (6 sheets)Architectural plan set entitled, “11 Bank Ave – Hingham,” prepared by Strekalovsky Architecture Inc., 42 North Street, Hingham, MA, consisting of 10 drawings with dates from November 2018 with revisions through April 1, 2019 “Landscape Plan,” prepared by Sean Papich, 222 North Street, Hingham, MA, dated April 26, 2019, revised through May 22, 2019 (1 sheet) Photometric plan entitled “Bank Ave,” prepared by Illuminate, dated March 19, 2019, revised March 20, 2019 (1 sheet)SUMMARY OF PROCEEDINGSThis matter came before the Board of Appeals (the "Board") on the application of REB LLC (the "Applicant") for a Special Permit A2 under §§ I-F, III-A (4.22), and III-G of the Zoning By-Law (the “By-Law”) to construct a Commercial/Residential Building at 11 Bank Ave and 103-105 North Street in Business District A and the Downtown Hingham Overlay 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 its initial, duly noticed public hearing on the Special Permit A2 application during a during a joint meeting with the Planning Board held in Hingham Town Hall on June 18, 2019. The Boards thereafter continued their respective proceedings separately. The Planning Board voted on July 15, 2019 to conditionally grant Site Plan Approval and a Special Permit A3 Parking Determination and filed its decisions with the Town Clerk on July 23, 2019. A subsequent public hearing was held before the Board of Appeals on July 23, 2019, at which time the Board, in accordance with§ I-I, 2.b., voted unanimously to grant the requested Special Permit, 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: John Barry, REB LLC; Walter Sullivan, Esq.; John Cavanaro, P.E.; Vcevy Strekalovosky, R.A.; and Sean Papich, ASLA. The proposed site plan and other supporting materials were reviewed by the Boards’ technical consultants, including Patrick Brennan, P.E., of Amory Engineers, Jeffrey Dirk, P.E., PTOE, FITE, of Vanasse & Associates, Inc, and Special Counsel Susan Murphy, Esq., Dain, Torpy, Le Ray, Wiest & Garner, P.C. 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 is located in the Business A and Downtown Hingham Overlay District, but bound to the north and east by properties located in Residence District A. To the west of the property along the opposite side of Bank Avenue are 4 nonconforming single-family dwellings. The proposed plan would reconfigure the subject property at 11 Bank Ave. A 10,786 SF portion (Parcel A) would be combined with the property to its south, which is addressed as 103-105 North Street. The remaining 21,843 SF portion of 11 Bank Ave (Parcel B) would remain undeveloped. The resulting development site, consisting of 39,582 SF of land, would continue to support an existing 9-unit apartment building at 103-105 North Street. The existing commercial building on the property, which is occupied by Renaissance Leather, and a detached garage would be removed. The proposed Commercial/Residential Building to the rear of these existing improvements would include (8) 1-bedroom dwelling units and 1,750 SF of retail space. Access to the proposed building and a shared parking area would be gained via a 14’-wide (minimum), one-way driveway, with access located on the westerly frontage of the property and directly adjacent to Bank Ave. Egress would be from the east side of the property.During the hearings before the Board, there was substantial discussion about the eligibly requirements for Commercial/Residential Buildings as specified in § III-G of By-Law, in part due to discrepancies between these and the language referenced in certain definitions under § VI of the By-Law. The Board determined that the requirements § III-G controlled for Commercial/Residential Buildings within the Downtown Hingham Overlay District. During the hearing, the Board reviewed the application in detail to confirm compliance with these requirements. Finally, since the property is additionally located in the Lincoln Local Historic District, the Historic Districts Commission (the “HDC”) also reviewed the project. The HDC issued Certificates of Appropriateness, dated February 13, 2019 and June 17, 2019, approving construction the proposed building and demolition of the existing commercial building and detached garage. FINDINGSBased 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.) In accordance with § III-G, 6.a.i:, the Board determined that the Commercial/Residential Building, as conditioned by this Decision, will not have an adverse impact on abutting residential or commercial neighborhoods and can be constructed with due consideration for health and safety. 2.) In accordance with § I-F, 2, the Board 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, as conditioned by this Decision, is consistent with the general purpose of the By-Law as no adverse impact is expected to the health, safety, or welfare of the downtown 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: The proposed project both supports the purposes and objectives of the Downtown Hingham Overlay District and complies with the eligibility requirements specified therein. The plan provides a mix of uses, including a housing option not otherwise available in the surrounding area. Commercial/retail space will be created on that portion of the ground floor of the Building that faces North Street. Dwelling units are located above the ground floor and none are located below ground floor. The proposed residential units also comply with the minimum floor area and maximum number of bedrooms provided in the By-Law. 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 Commercial/Residential Building use. The property is located in Business A and the Downtown Hingham Overlay Districts, but bound to the north and east by properties located in Residence District A. To the west of the property along the opposite side of Bank Avenue – a private way - are 4 nonconforming single-family dwellings. The Building design orients the commercial use toward the more active business district on North Street, but is located significantly back (130’ +/-) from the street. Greater commercial development in this location would not be appropriate given the distance between the Building and street frontage. Dwelling units that are at grade level at the rear of the Building due to the topography of the site, but above the ground floor, will provide an appropriate transition to the residential properties to the rear and along Bank Ave. Additionally, as evidenced by the HDC’s Certificate of Appropriateness, the proposed Building massing and design is compatible with the surrounding historic streetscape.d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons: Positive impacts include construction of a Building compatible with the surrounding area and stormwater management improvements to the previously developed portion of the property. e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons: The anticipated volume of traffic generated by the proposed Commercial/Residential Building is relatively minor. Additionally, parking will be provided onsite for residents of the proposed residential units and the commercial use. No nuisance or hazard will result from the proposed project.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 water and sewer, exist for the proposed use. A trash room will be provided within the garage.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 proposed construction meets accepted design standards for stormwater management. Conditions of both the Site Plan Approval issued by the Planning Board and this Decision address construction standards, specifically related to retaining walls.RULINGS AND DECISIONUpon a motion made by Paul K. Healey and seconded by Mario Romania, Jr., the Board voted unanimously to GRANT the request by REB LLC for a Special Permit A2 under §§ I-F, III-A (4.22) and III-G of the By-Law to construct a Commercial/Residential Building at 11 Bank Ave and 103-105 North Street in Business District A and the Downtown Hingham Overlay District, subject to the following conditions:1. The proposed construction shall be completed and the use shall be operated in a manner consistent with the approved plans and representations made during the public hearing. 2. Hours of operation for the commercial/retail use within the Building shall be limited such that the business shall not open before 7:00 a.m. nor close after 9:00 p.m. 3. Two (2) bounds shall be installed along the eastern property line shared with 44 Cottage Street. These bounds shall be equally spaced between the existing concrete bound at the intersection of this property line with North Street and the end of the existing stone wall at 44 Cottage Street at its intersection with the property line. 4. In accordance with the provisions of the By-Law, the conditions imposed in the Planning Board Site Plan Approval, filed July 23, 2019, are binding conditions to this Decision of the Zoning Board of Appeals. Related to the Planning Board Site Plan Approval, the Board makes the following additional conditions pursuant to § I-I, 2.c:a. Condition #23 of the Site Plan Approval refers to an existing wall and requires submission of a detailed survey and plan of existing conditions. This condition shall be read to refer to the existing wall between the subject property and the abutting property at 44 Cottage Street.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, ChairSeptember 12, 2019