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TOWN OF HINGHAM
Board of Appeals

NOTICE OF DECISION
SPECIAL PERMIT

IN THE MATTER OF:

Applicant: Best Chevrolet, Inc. Owner: Perry 100 Research Road LLC
128 Derby Street 20 Winthrop Square
Hingham, MA 02043 Boston, MA 02110

Agents: Jeffrey A. Tocchio, Esq.
Drohan Tocchio & Morgan, P.C.
175 Derby Street, Suite 30
Hingham, MA 02043

Property: 100 Research Road, Hingham, MA 02043

Deed Reference: Certificate of Title No. 108999 issued by the Plymouth County Registry District of the Land Court

Plan References: Plan entitled, "Proposed Collision Center," prepared by Crocker Design Group, LLC, 2 Sharp Street, Hingham, MA, dated October 22, 2019 (Drawing Z-1)

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals (the “Board”) on the application of Best Chevrolet, Inc. (the “Applicant”) for a Modification of the Special Permit A2 Decision, issued on January 30, 2012, under § III-A, 5.2 of the Zoning By-Law (the "By-Law”) and such other relief as necessary in order to expand the area of its existing automobile collision repair center in a portion of the building at 100 Research Road in the Industrial Park and South Hingham Development Overlay District.

The Applicant simultaneously filed with the Planning Board a related application for a waiver of Site Plan Review under § I-G and § I-I of the By-Law. The Planning Board considered the request during a regular meeting held on November 18, 2019, voting to find that the modification constitutes a minor site plan and waiving the requirement for a public hearing and Site Plan Review. The written decision was filed with the Town Clerk on October 3, 2019. The Planning Board also voted affirmatively to grant a Special Permit A3 related to parking.

The Board of Appeals opened a duly noticed public hearing on the matter on November 19, 2019 in Hingham Town Hall, 210 Central Street. The Board of Appeals panel consisted of its regular members Robyn S. Maguire, Chairman, and Paul Healey and associate member Mario Romania, Jr. The Applicant was represented by Scott Golding, Esq., Drohan Tocchio & Morgan, P.C. At the conclusion of the proceedings, the Board voted unanimously to approve the Special Permit Modification with conditions.

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 6.53 acres of land located at the terminus of the Research Road cul-de-sac in the South Shore Park. The property is improved by a 99,500 SF industrial style building (ca. 1975), 113 space parking lot, and related improvements including a stormwater drainage system and municipal sewer service provided by the MWRA through Weymouth.

In 2012, the Board issued a Special Permit to the Applicant to use a portion of the existing building for 8 automotive repair work stations within the building. Related uses allowed by right uses under Section III-A, 6.1 of the By-Law included wholesale parts loading dock and warehousing (15,650 SF) and supporting office space (2,100 SF). These permitted uses are all associated with Best Chevrolet’s automotive dealership, located at 128 Derby Street. This principal facility continues to function as a motor vehicle salesroom, conducting all customer intake, payment, and delivery operations.

The Applicant seeks a modification of the 2012 Special Permit in order to expand the collision repair center operations into its leased space at 100 Research Road, which is presently occupied by the automotive parts wholesale/warehousing use. As indicated in the submitted narrative, the limited available space constrains the current repair operations since vehicles awaiting replacement parts or otherwise not being worked on must be swapped out. Operations would be improved with the proposed expansion such that vehicles could remain stationary throughout various stages of repair. The additional space would also allow for interior storage of automobiles that have recently been painted. A designated portion of the existing paved area to the north of the building will accommodate outdoor storage for vehicles awaiting service. The existing wholesale/warehouse use will be relocated to 75 Industrial Park Road.

FINDINGS

Based on the information submitted with the application and presented during the hearing, the Board finds that that expansion of the area of an existing automobile collision repair center in a portion of the building at 100 Research Road does not significantly affect the specific findings made by the Board in connection with its Special Permit A2 Decision, issued on January 30, 2012, under § III-A, 5.2 of the By-Law.

In accordance with the Special Permit Approval Criteria under § I-F, the Board additionally made the following findings:

a. The proposed use will be in harmony with the general purpose and intent of the Zoning By-Law, for the following reasons: The expanded repair operations will be undertaken within the existing industrial space, with utilities and infrastructure in place and designed specifically for industrial uses. The proposed use is also consistent with the objectives of the South Hingham Overlay District, which seeks to encourage development without overburdening the infrastructure within that district. The proposed use will not affect the health, safety, or welfare of any prospective occupants, customers, 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: On November 18, 2019, the Planning Board determined, in accordance with § I-I, 5., that the proposed work constituted a minor site plan and voted to waive Site Plan Review in connection with the internally expanded use. The Planning Board also voted on November 18, 2019 to issue a Special Permit A3/Parking Determination under § V-A.

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 an appropriate location for the proposed uses as the building currently houses both manufacturing and commercial warehouse tenants, in addition to the existing automotive repair and storage garage. The expanded use, as proposed, is also consistent with other similar uses within surrounding area and the Industrial Park District more generally.

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 will not create adverse impacts as (1) the existing footprint of the building is not to be altered in any way, and (2) the proposed expansion of repair operations into the wholesale/warehouse portion will result in a reduction of persons employed within the leased premises, along with a corresponding reduction in traffic and parking demands.

e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons: The Property’s current ingress and egress to Research Road will not be altered. The existing loading dock will remain in place and will be used as it exists. An existing single roll-up door will allow for access to the south parking area, and there will be direct access to an existing travel lane.

f. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use, for the following reasons: The Property is served by both water and public sewer services. There are no proposed changes to the onsite stormwater drainage system. The Applicant also previously installed a compactor for corrugated cardboard disposal, as well as screened dumpsters for discarded metal and general trash, which will remain in operation.

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: Not applicable. No changes are proposed to the footprint of the building or the site layout in connection with the expanded motor vehicle repair and storage use.




DECISION

Upon a motion made by Paul K. Healey and seconded by Mario Romania, Jr., the Board voted unanimously to GRANT the request from Best Chevrolet, Inc. for a Modification of a Special Permit A2, issued on January 30, 2012, under § III-A, 5.2 of the By-Law and such other relief as necessary to expand the area of its existing automobile collision repair center in a portion of the building at 100 Research Road in the Industrial Park and South Hingham Development Overlay District, subject to the following conditions:

1. All conditions of the previous Special Permit Decision, dated January 30, 2012, remain in effect unless specifically modified by this Decision.
2. The Applicant shall construct the Project in a manner consistent with the approved plans and the representations made at the hearing before the Board.


For The Board of Appeals,


__________________________________
Robyn S. Maguire
February 12, 2020