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Applicant:          W/S/M Hingham Properties LLC
                            90 Derby Street

Property Owner:    W/S/M Hingham Properties LLC

Premises:        Derby Street Shoppes
            90 Derby Street
            Hingham, MA  02043

At its regularly scheduled and posted meeting on June 3, 2013 the regular members of the Board of Appeals, (Joseph W. Freeman , Joseph M. Fisher and W. Tod McGrath) considered the request from W/S/M Hingham Properties LLC for  modification to the existing Special Permit A2 dated February 10, 2003, as amended, under §III-A 4.17 with Site Plan Review to be done by the Planning Board under §I-G and  §I-I along with Special Permit A3 parking determination under §V-A of the Zoning By-Law and such other relief as necessary to allow a financial services office to occupy a former retail space at the Derby Street Shoppes, 90 Derby Street, a Retail Group in the Industrial Park District.

In attendance for Applicant:  Bob Frazier of WS Development Associates, Attorney Bob Devin and Representative of Charles Schwab Tracey O’Brien.

Mr. Devin and Mr. Frazier discuss original permit for the Derby Street Shoppes (Shoppes) with the Board.  They explain why they believe Charles Schwab, a financial use, is an allowed use at the Shoppes.  The financial use is allowed in the Office Park District where the Shoppes are located.

The Boards’ discussed that the permit specifically was for retail and restaurants.  The permit also states the exact footage allocated for retail and/or restaurant.  They also noted that the financial use and retail use have the same parking requirement under V-A of the Zoning By-law.

The ZBA determined by allowing Charles Schwab to occupy a 2,586+/- square feet of retail space (previously occupied by Ralph’s Liquors) to be de minimis in nature, therefore, determining this request to be a minor modification.  If in the future, another financial use would like to occupy space at the Shoppes, the application would require a Special Permit A2 along with Site Plan Review.

ZBA Vote
It was moved, and SO VOTED, at the Applicant’s request, the application be deemed a Minor Modification of the permit to allow this use of Charles Schwab, a financial use, to occupy approximately 2,600 to 3,000 square feet of space, and that neither the Board or Applicant would view the granting of such minor modification as precedence for allowing any other space for such use as the same as Charles Schwab.

For the Board,

Joseph M. Freeman
June 13, 2013

Distribution:  Hingham Town Clerk, Building Commissioner, W/S/M Hingham Properties LLC