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TOWN OF HINGHAM
BOARD OF APPEALS
MODIFICATION TO SPECIAL PERMITA2 DATED FEBRUARY 10, 2003
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
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