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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
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
SUMMARY OF PROCEEDINGS:
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.
BACKGROUND:
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.
DISCUSSION:
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.
FINDINGS and DECISION:
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
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