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Applicant and 225 Beal Street LLC
Property Owner: 225 Beal Street
Hingham, MA 02043

Premises: 225 Beal Street
Hingham, MA 02043

Deed Reference: Plymouth County Registry of Deeds, Book 550, Page 93

This matter came before the Zoning Board of Appeals on the application of 225 Beal Street, LLC (the “Applicant”) for a modification to the Special Permit A2 dated December 3, 1991, as amended on October 29, 1992, along with Site Plan Review to be done by the Planning Board and a Special Permit A3 under §V-A of the Zoning By-Law and such other relief as necessary to permanently waive the requirement to construct 19 un-built parking spaces in the vicinity of a proposed land swap at 225 Beal Street (the “Property”), in the Industrial and Limited Industrial Park Districts.

A joint public hearing was duly noticed and held on January 27, 2011 at the Town Hall before a panel consisting of regular members Joseph W. Freeman, Chairman, W. Tod McGrath and Joseph M. Fisher. Planning Board members present were Paul Healey, Chairman, Judy Sneath, Sarah Corey, and Gary Tondorf-Dick. The applicant was represented by Attorney Robert L. Devin.

In 1986 the Board of Appeals granted a Special Permit A2 (with Site Plan Review done by the Planning Board) for construction of two buildings on the land; one 40,000sq.ft. and one 60,000sq.ft. Subsequently in 1991, after public hearing by the Board, a waiver of a portion of the paving requirements was approved when a “Build-to-Suit” user/tenant for the 40,000sq.ft. bldg. was found (Hitchcock Shoes). The paving waiver was approved allowing that 67 spaces were to be constructed, 75 were to remain unconstructed, for a total of 142 parking spaces overall.

The Applicant is now requesting to permanently waive the requirement to construct 19 un-built parking spaces to allow for a land swap in this area. Under §V-A Off-Street Parking Requirements of the Zoning By-Law the Planning Board serves as the Special Permit granting authority.

After review of the Applicant’s proposal, Planning Board members 1) waived the requirement for Site Plan Review and 2) granted the request for a Special Permit A3 to reduce the total number of parking spaces required subject to the condition that sufficient area be reserved on site to replace these spaces should the need for additional parking arise. Board of Appeals members benefited from hearing the Planning Board’s comments on the parking issues and its final determination on the site plan and Special Permit A3, which are incorporated herein by reference.

After consideration of the Applicant’s proposal, together with the plans submitted by the Applicant and the representations made at the public hearing, the Board of Appeals voted to GRANT the modification to the Special Permit A2 to permanently waive the requirement to construct 19 un-built parking spaces in the vicinity of a proposed land swap at 225 Beal Street subject to the following condition:

1. The decision by the Planning Board entitled “Hingham Planning Board Special Permit A3” dated February 8, 2011 is attached hereto and incorporated as Exhibit “A”. The conditions imposed in said decision are binding to this decision of the Zoning Board of Appeals.

The zoning relief granted herein shall not become effective until (i) the Town Clerk has certified on a copy of this Decision that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that such an appeal has been filed within such time, and that (ii) a copy of the decision so certified has been duly recorded in the Plymouth County Registry of Deeds and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner’s certificate of title.

For the Board of Appeals,

Joseph W. Freeman
April 6, 2011