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TOWN OF HINGHAM
Board of Appeals
NOTICE OF DECISION
IN THE MATTER OF:
Applicant: Hingham Farmers Market, Inc.
c/o Mark Cullings
44 Spring Street
Hingham, MA 02043
Property Owner: Trustees under Deed of Trust, dated November 21, 1916, registered with the Plymouth County Registry District of the Land Court as Document No. 936
Premises/Property: 95 Otis Street (a/k/a 31 Otis Street), Hingham, MA 02043
Title Reference: Certificate of Title No. 5167 issued by the Plymouth County Registry District of the Land Court
Plan Reference: Untitled, undated aerial image of the Property marked to show Layout
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals (the "Board") on the application from the Hingham Farmers Market, Inc. (the "Applicant") to modify plans approved in connection with a Special Permit A2 under § III-A, 4.24 of the Zoning By-Law (the “By-Law”), originally issued August 9, 2010, as amended, and such other relief as necessary to shift the location of the Market toward Rt. 3A and increase the maximum number of vendors to 47 at 95 Otis Street in the Official and Open Space District.
The Applicant simultaneously filed related applications for Site Plan Approval with the Planning Board. The Planning Board voted on June 1, 2020 to waive Site Plan Review and approve modifications to the Special Permit A3 Decision.
The Board opened a duly noticed public hearing on the matter on May 19, 2020 and June 23, 2020. The hearings were held remotely pursuant to an Order issued by the Governor of Massachusetts dated March 12, 2020 Suspending Certain Provisions of the Open Meeting Law. Pursuant to Chapter 53 of the Acts of 2020, certain permitting timeframes were modified or extended during the Governor’s declared state of emergency.
The Board of Appeals panel consisted of its regular members Robyn S. Maguire, Chairman, and Paul K. Healey, and associate member Joseph Ruccio. At the conclusion of the meeting, the Board voted unanimously to grant the requested Special Permit Modification, subject to conditions 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.
BACKGROUND and DISCUSSION
The subject property consists of approximately 6 acres of land, bordered to the east by Hingham Inner Harbor and to the west by Otis Street/Rte. 3A. The property presently serves as a beach and recreational picnic area. The Hingham Farmers Market (“HFM”) also operates from the property on a temporary, seasonal basis.
The new HFM location is intended to better contain the market vendors within the recently expanded front parking area adjacent to the Snack Stand at the Bathing Beach. It would also serve to reduce potential conflicts between customers and vehicles. During the hearing, the Applicant submitted a revised plan that depicts the HFM Layout. A total of 48 spaces would be dedicated to the Market, including entrance, administrative, and vendor spaces.
Based on the information submitted and presented by the Applicant in support of the proposed use of the building, and the discussion and deliberation of the Board during the hearing, the Board determined that the proposed modification will not affect the specific findings made by the Board in connection with its Special Permit A2 Decision for the Hingham Farmers Market, originally issued on August 9, 2010, as amended.
Upon a motion made by Paul K. Healey and seconded by Joseph Ruccio, the Board of Appeals voted unanimously to GRANT to modify plans approved in connection with a Special Permit A2 under § III-A, 4.24 of the By-Law, originally issued August 9, 2010, as amended, in order to shift the location of the Market toward Rt. 3A and increase the maximum number of vendors spaces to 48 at 95 Otis Street in the Official and Open Space District, subject to the following conditions:
1. The Applicant shall operate the use 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, Chair
March 1, 2021