Pending 40B Applications

River Stone - Housing Appeals Committee - Decision  

The Zoning Board of Appeals issued a Comprehensive Permit for the River Stone Project, subject to waivers and conditions, on August 6, 2018. 

River Stone, LLC appealed that decision to the Massachusetts Housing Appeals Committee on August 24, 2018.

On Friday, September 23, 2022, the Massachusetts Housing Appeals Committee issued its decision on this Appeal.   

River Stone 

 

  



River Stone, LLC (the "Applicant") submitted a Comprehensive Permit Application to the Zoning Board of Appeals pursuant to Massachusetts General Laws, Chapter 40B, Sections 20 through 23, as amended ("Chapter 40B"). The Applicant proposes to construct a 32-unit condominium housing development to be called "River Stone," located at Viking Lane off of Ward Street.

The Board opened a public hearing on the application on Wednesday, April 27, 2016 at 7:00 PM in Hingham Town Hall. Subsequent public hearings were held on May 11, 2016 and June 6, 2016. The hearing was stayed with the Town's filing of an Appeal with the Housing Appeals Committee ("HAC") pursuant to 760 CMR 56.03(8)(c) and resumed upon the issuance of the HAC's Interlocutory Decision on October 31, 2017. The Board reopened the hearing on December 19, 2017, December 21, 2017, January 11, 2018, January 25, 2018, February 6, 2018, February 13, 2018, February 27, 2018, March 26, 2018, April 9, 2018, April 25, 2018, May 3, 2018, May 16, 2018, May 30, 2018, June 13, 2018 and June 26, 2018.

The Board deliberated during a public meeting held on July 31, 2018, and voted unanimously to issue a Comprehensive Permit for the Project subject to waivers and conditions. The written decision was filed with the Town Clerk on August 6, 2018. 

Waivers and Conditions for Discussion on May 16, 2018:
  1. Waiver Requests with Board Response, discussed May 3, 2018
  2. Proposed Draft Conditions, discussed May 3, 2018
Applicant Responses to Proposed Waivers and Conditions:
  1. Applicant Responses to Board's Waiver Responses, received May 16, 2018
  2. Applicant Responses to Board's Proposed Conditions, received May 16, 2018
  3. Financial Information, received May 30, 2018
Application materials are available to review in the Zoning Office or through the links provided below:
  1. Project Eligibility/Site Approval Letter, issued by MassHousing on March 16, 2016
  2. Comprehensive Permit Application, filed with the Town Clerk on March 29, 2016
  3. Submitted Plans
  4. Traffic Impact and Access Study, prepared by Ron Muller & Associates, dated April 11, 2016
Revised Plans and Materials:
  1. Proposed Site Layout Plan, revised December 20, 2017
  2. Cover Letter from Project Engineer, dated December 21, 2017
  3. Correspondence from Attorney Baker, dated January 5, 2018, including building sections, revised tabulation of proposed buildings, and typical floor plans
  4. Revised Plan Set, dated January 8, 2018
  5. Preliminary Hydrologic Analysis, dated January 8, 2018
  6. Revised Plan Set, dated January 19, 2018
  7. Response to Engineering Plan Review, dated January 23, 2018
  8. Soil Absorption Sizing
  9. Waivers and Exemptions
  10. Correspondence from Attorney Baker, dated January 19, 2018
  11. Response to Traffic Comments, dated January 25, 2018
  12. Correspondence from Attorney Baker, dated February 1, 2018
  13. Response to Engineering Peer Review, dated February 2, 2018
  14. Revised Plan Set, dated February 2, 2018
  15. Revised Preliminary Hydrologic Analysis, dated February 2, 2018
  16. Correspondence from Attorney Baker, dated February 8, 2018
  17. Correspondence from Attorney Baker, dated February 12, 2018
  18. Correspondence Verifying No Opposition to Zimmer Qualifications, dated February 12, 2018
  19. Revised Waiver List, received February 13, 2018
  20. Submittal Status from Project Engineer, dated February 21, 2018
  21. Correspondence from Attorney Baker, dated February 22, 2018
  22. Continuation/Extension Request, dated February 22, 2018
  23. Revised Plan Set, dated March 9, 2018
  24. Revised Preliminary Hydrologic Analysis, dated February 9, 2018
  25. Response to Engineering Peer Review, dated February 9, 2018
  26. Response to Traffic Engineering Peer Review, dated April 6, 2018
  27. Proposed Hydrant Locations, received April 11, 2018
  28. Revised Waiver List, dated April 17, 2018
  29. Revised Plan Set, dated April 25, 2018
  30. Revised Drainage Report, dated April 25, 2018
  31. Response to Engineering Peer Review, dated April 25, 2018
  32. Correspondence from Ron Mueller, dated Aril 24, 2018
  33. Proposed Soil Absorption System Loading Table, dated April 25, 2018, and Technical Bulletin
  34. Hydrogeologic Evaluation, prepared by Peter Dillon, dated April 24, 2018
  35. Response to Engineering Plan Review, dated May 16, 2018
  36. Vernal Pool Analysis Memo, prepared by Environmental Consulting & Restoration, LLC, dated June 25, 2018
Peer Review Reports:
  1. Traffic Peer Review, prepared by Vanasses & Associates, Inc. (VAI), dated January 4, 2018
  2. Civil Peer Review, prepared by Amory Engineers, dated January 9, 2018
  3. Supplemental Civil Peer Review, prepared by Amory Engineers, dated January 18, 2018
  4. Wetland Lines Exhibit, prepared by Amory from plans of record on January 25, 2018
  5. Supplemental Civil Peer Review, prepared by Amory Engineers, dated February 6, 2018
  6. Supplemental Traffic Peer Review, prepared by VAI, dated February 6, 2018
  7. Preliminary Traffic Peer Review Comments, prepared by VAI, dated February 11, 2018
  8. Wetland Delineation Review, prepared by South River Environmental, dated February 23, 2018
  9. Traffic Peer Review Estimate, dated February 27, 2018
  10. Civil Peer Review Estimate, dated February 27, 2018
  11. Supplemental Traffic Peer Review, prepared by VAI, dated April 3, 2018
  12. Civil Engineering Peer Review, prepared by Amory Engineers, dated April 9, 2018
  13. Supplemental Wetland Resource Area Review, prepared by South River Environmental, dated April 9, 2018
  14. Suggested Traffic Conditions, prepared by VAI, dated April 24, 2018
  15. Supplemental Traffic Peer Review, dated April 25, 2018
  16. Construction Cost Estimate from Amory, dated April 25, 2018
  17. Civil Engineering Peer Review, dated April 26, 2018
  18. Supplemental Traffic Peer Review, prepared by VAI, dated May 3, 2018
  19. Financial Peer Review Report, dated June 11, 2018
  20. Supplemental Financial Peer Review Report, dated June 23, 2018
  21. Supplemental Civil Engineering Peer Review, dated June 26, 2018
  22. Supplemental Wetland Resource Area Review, dated June 26, 2018
Town Reviews:

  1. Noncompliance Letter, dated December 19, 2017
  2. Record of Board Vote, dated December 22, 2017
  3. Fire Prevention Officer Comments, dated January 10, 2018
  4. Executive Health Director Comments, dated January 22, 2018
  5. Planning Director Comments, dated January 24, 2018
  6. Board of Health Comments, dated January 24, 2018
  7. Police Chief Comments, dated January 25, 2018
  8. Conservation Officer Comments, dated February 5, 2018
  9. Fire Prevention Officer Comments, dated February 8, 2018
  10. Police Traffic Safety Division Comments and Traffic Counts, dated February 9, 2018
  11. Executive Health Director Comments related to Waivers, dated February 22, 2018
  12. Conservation Officer Comments, dated February 27, 2018
  13. Board of Health Comments, dated March 6, 2018
  14. Fire Prevention Officer Comments, dated March 19, 2018
  15. Peer Review Funds Memo, dated March 22, 2018
  16. Missing Application Materials Memo, dated April 2, 2018
  17. Map of Potable Wells around Viking Lane
  18. Planning Director Comments, dated April 9, 2018
  19. Police Chief Comments, dated April 9, 2018
  20. Fire Prevention Officer Comments, dated April 17, 2018
  21. Board of Health Comments, dated April 17, 2018
  22. Neighborhood Zoning Analysis, dated April 17, 2018
  23. Fire Prevention Officer Comments, dated April 24, 2018
  24. Hingham Shade Tree Committee List
  25. Fire Prevention Officer Comments, dated April 26, 2018
  26. Board of Health Comments, dated April 30, 2018
  27. Executive Health Director Comments, dated June 13, 2018
  28. Executive Health Director Memorandum regarding Water Resource Maps, dated June 13, 2018
  29. Updated Neighborhood Zoning Analysis, dated June 13, 2018
  30. Staff Review, dated June 26, 2018, related to subset of Board's Proposed Conditions to which the Applicant submitted responses on May 16, 2018
10% Letter:


  1. Notice to Applicant, prepared by Special Town Counsel on behalf of the Board, dated May 12, 2016
  2. DHCD Decision, dated June 16, 2016
  3. Housing Appeals Committee Interlocutory Decision, dated October 31, 2017 

Habitat for Humanity Development

South Shore Habitat for Humanity, Inc. (the "Applicant") filed an application for a Comprehensive Permit under Massachusetts General Laws Chapter 40B, Sections 20 through 23, as amended, to construct two (2) affordable single-family dwellings on approximately 0.95 acres of land located in Residence District C at 302-304 Whiting Street. The Zoning Board of Appeals opened the initial hearing on the application on Tuesday, January 7, 2020. Continued hearings were held on February 11, 2020, June 23, 2020, July 21, 2020 and August 6, 2020. At the conclusion of the hearing, the Board voted unanimously to issue a Comprehensive Permit for the Project subject to waivers and conditions. The written decision was filed with the Town Clerk on September 3, 2020. 

Application materials are available to review in the Zoning Office or through the links provided below:
  1. Application, dated December 10, 2019
  2. Site Plans
  3. Architectural Plans
  4. Revised Plans, dated February 10, 2020, including a Cover SheetSite PlanGrading PlanUtility PlanLandscape PlanDetail SheetSubsurface Disposal System for 302 Whiting Street,  Subsurface Disposal System for 304 Whiting Street
  5. Response to Peer Review Comments, prepared by James Engineering, Inc., dated February 10, 2020
  6. Drainage Report, submitted March 2, 2020
  7. Updated Waiver List, dated June 17, 2020
  8. Revised Plans, dated June 17, 2020
  9. Revised Landscape Plan, dated June 30, 2020
  10. Updated Waiver List, dated July 20, 2020
  11. Response to Board of Health Comments from James Engineering, dated July 21, 2020
Peer Review:
  1. Civil Peer Review, prepared by Amory Engineers, dated January 24, 2020
  2. Civil Comments on Title 5 and Title 5 Excerpts, submitted February 12, 2020
  3. Civil Peer Review, prepared by Amory Engineers, dated March 3, 2020
  4. Civil Peer Review, prepared by Amory Engineers, dated July 20, 2020
Town Reviews:
  1. Executive Health Director Comments, dated December 17, 2019
  2. Police Chief Comments, dated January 2, 2020
  3. Planning Director Comments, dated January 2, 2020
  4. Fire Prevention Comments, dated January 6, 2020
  5. Board of Health Comments, dated July 16, 2020
  6. Conservation Officer Comments, dated July 20, 2020
  7. Affordable Housing Trust Comments, dated July 20, 2020
10% Letter:


  1. Notice to Applicant, prepared by Special Town Counsel on behalf of the Board, dated January 22, 2020
  2. DHCD Inaction Notice, dated February 21, 2020