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Board of Appeals

TOWN OF HINGHAM
Board of Appeals

NOTICE OF DECISION
SPECIAL PERMIT A2 - MINOR MODIFICATION

IN THE MATTER OF:

Owner/Applicant: Bristol Brothers Development
37 Derby Street, Suite 4A
Hingham, MA 02043

Property: 141 Derby Street
Hingham, MA 02043

Plan Reference: Plan entitled, "Site Grading & Drainage Plan - Lot 2, 141 Derby Street, Hingham, MA," prepared by CHA, 101 Accord Park Drive, Norwell, MA, dated April 18, 2013, revised through April 11, 2014, with redlined revisions filed with the Board on August 7, 2015, Sheet C-5.2

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals (the "Board") at the request of Gabe Crocker, P.E., CHA, on behalf of Bristol Brothers Development (the "Applicant") for a Minor Modification to plans approved by Special Permit A2 under § III-B, 5. on November 22, 2013 for construction of an Automotive Sales and Service Dealership on Lot 1. The requested modification would allow the applicant to finish Lot 2, which is not associated with the adjacent dealership, with crushed stone instead of loam and seed as shown on the approved plans.

The Board panel consisted of its regular members Joseph M. Fisher, Chairman, Joseph W. Freeman, and W. Tod McGrath. The Applicant was represented by Jim Bristol, Bristol Brothers Development. At the conclusion of the meeting, the Board voted unanimously to approve the requested Minor Modification of the Special Permit A2, allowing Lot 2 to be finished with crushed stone.

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

Gabe Crocker, P.E., acting on behalf of Bristol Brothers Development, requested a Minor Modification to plans approved by Special Permit A2 issued under § III-B, 5. on November 22, 2013 for construction of an Automotive Sales and Service Dealership on Lot 1. The requested modification would allow the Applicant to finish Lot 2, which is not associated with the adjacent dealership, with crushed stone instead of loam and seed as shown on the approved plans.

During the hearing, the Applicant explained that temporarily spreading loam and seeding, only to then strip the surface in the near future for development of Lot 2, would contaminate the processed gravel on site with organics and limit its future reuse. Instead, the Applicant would like to spread clean crushed stone over the Lot 2 site area in order to provide a permeable finish and dust free surface. The plan maintains the previously approved stormwater basin as designed, though this area would likewise be finished with the crushed stone. Finally, the Applicant proposes minor adjustments to the pad grading to capture/direct the runoff into the basin to eliminate the need for the culvert pipes shown on the approved plan.

While the Applicant represented during the meeting that development of Lot 2 is imminent, members discussed a sunset clause whereby additional relief would be required if a building permit is not issued sooner than 24 months from issuance of the modification request to ensure that the Lot does not remain in the proposed state if the planned development does not materialize in the near future.

Finally, in accordance with Section I-G and I-I of the By-Law, the Planning Board conducted Site Plan Review in connection with the application on August 3, 2015. After review, the Planning Board approved the requested modification on the condition that the Applicant extend mulch within the landscape strip behind the building up to the top of slope so as to minimize visibility of the crushed stone on Lot 2.

FINDINGS and DECISION

Based on the information submitted with the application and presented during the meeting, the Board finds that the proposed modification to the finished surface of Lot 2 and related plan adjustments constitutes a minor modification and as such does not affect the specific findings made by the Board in conjunction with its Special Permit A2 on November 22, 2013.

Upon a motion made by W. Tod McGrath and seconded by Joseph M. Freeman, the Board then voted unanimously to GRANT the Special Permit A2 Modification to allow Lot 2 to be finished with crushed stone consistent with the referenced plans and representations made by the Applicant during the meeting and subject to the following Conditions:

1. All conditions of the previous Special Permit Decision for the Property remain in effect unless specifically modified by this Decision.

2. This approval is limited to a 24-month period. The Applicant shall seek further relief from the Board to maintain the crushed stone treatment beyond 24-months if substantial work on Lot 2 in connection with future planned development is not commenced sooner.

3. In accordance with the provisions of the Hingham Zoning By-Law, any and all conditions imposed as part of the Planning Board Site Plan Review Decision, filed with the Town Clerk on August 6, 2015, are binding conditions to this Decision of the Zoning Board of Appeals.

For The Board of Appeals,