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TOWN OF HINGHAM
Board of Appeals

NOTICE OF DECISION
SPECIAL PERMIT A2 MODIFICATION

IN THE MATTER OF:

Applicant and W/S/M Hingham Properties, LLC
Property Owner: 33 Boylston Street
Chestnut Hill, MA 02467

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

Deed Reference: Plymouth County Registry of Deeds, Book 30816, Page 261

Plan References: Plan entitled, “Derby Street Shoppes, Sidewalk Modification Plan and Details,” prepared by RJO'Connell & Associates, Inc., 80 Montvale Ave., Stoneham, MA, dated February 25, 2016

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals (the "Board") on the application of W/S/M Hingham Properties, LLC (the "Applicant") to modify the existing Derby Street Shoppes Special Permit A2, issued February 10, 2003 under § III-A, 4.17 of the Zoning By-Law (the "By-Law"), as amended, to remove three parking spaces and widen the sidewalk adjacent to Burton's Grill at 90 Derby Street in the Industrial Park and South Hingham Development Overlay District. In conjunction with this Special Permit A2 Modification, the Applicant simultaneously filed an application with the Planning Board for Site Plan Review under § I-G and § I-I, along with a Special Permit A3 Parking Determination under § V-A of the Zoning By-Law (the "By-Law").

The Board opened a hearing on the application jointly with the Planning Board at a duly advertised and noticed public hearing on April 11, 2016. At the conclusion of the hearing, the Planning Board voted to conditionally grant Site Plan Approval and issues a Special Permit A3 Parking Determination. A subsequent public hearing was held before the Board on May 2, 2016. In accordance with § I-I, 2.b., the Board then voted unanimously at the conclusion of its hearing to conditionally grant the requested Special Permit Modification.

The Board of Appeals panel consisted of its regular members Joseph M. Fisher, Chairman, Joseph W. Freeman, and Robyn S. Maguire. The Applicant was represented by Attorney Robert L. Devin, Derby Street Shoppes General Manager Bill Hamilton, and WS Development Project Manager Andrew Manning.

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 hearing.

BACKGROUND AND DISCUSSION

The Derby Street Shoppes is a Shopping Center allowed by Special Permit A2 under § III-A, 4.17 of the By-Law. The original permit was issued by the Board in 2003 and has been modified on several occasions since. The present application requests approval to amend certain details shown on the approved site plan for the development. Specifically, the proposed modification involves the removal of three parking spaces and related widening of a sidewalk in order to improve pedestrian circulation and access in the southeasterly portion of the Shopping Center.

Several Town Officials submitted comments to the Boards. After review of the proposed modification, the Building Commissioner determined that the elimination of three parking spaces would result in the intended pedestrian improvements. However, the Police Chief expressed concern about the loss of parking within the Center. In response to this concern, the Planning Board incorporated certain conditions intended to minimize potential negative impacts resulting from the change. Conditions included a limitation on the number of affected spaces to two, as opposed to three, and restrictions on the use of the newly created sidewalk space for pedestrian access and gathering. Finally, a condition requires a wider radius (5') at the corner of the pedestrian area to improve turning movements for vehicles parked in the adjacent spaces.

APPROVAL CRITERIA

Based on the information submitted and presented during the hearing, and subject to satisfaction of the conditions set forth below, the Board found:

a. The proposed use will be in harmony with the general purpose and intent of the Zoning By-Law, for the following reasons:
The modifications as proposed are consistent with the scope and purpose of the Zoning By-Law and the original Special Permit A2, as modified.

b. The proposed use complies with the purposes and standards of the relevant specific sections of this By-Law, for the following reasons:
The proposed modification complies with standards and do not otherwise expand the allowed uses within the center.

c. The specific site is an appropriate location for such use, structure, or condition, compatible with the characteristics of the surrounding area, for the following reasons:
The plan modification will support the existing retail users in a busy portion of the Shopping Center. It is an appropriate location for the proposed pedestrian improvements.

d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons:
The proposed modification will result in positive impacts in terms of pedestrian circulation and access. The Planning Board determined that sufficient parking would remain available for the Shopping Center following the proposed removal of two spaces.

e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:
No nuisance will result from the proposed modifications, if construction is completed in compliance with conditions herein. The project will improve pedestrian traffic flow and access to busy retailers within the Center.

f. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use, for the following reasons:
The Project has adequate facilities for the previously approved uses and programming. The Applicant represented that the expanding sidewalk would include landscaping and benches for pedestrians to rest.

g. The proposed Project meets accepted design standards and criteria for the functional design of facilities, structures, stormwater management, and site construction, for the following reasons:
The modifications will be consistent with the original Special Permit A2, as previously modified. Adequate facilities exist for the proposed project.

RULINGS AND DECISION

Upon a motion made by Joseph W. Freeman and seconded by Robyn S. Maguire, the Board voted unanimously to APPROVE the requested Special Permit A2 Modification, allowing removal of two parking spaces and related widening of the sidewalk adjacent to Burton's Grill within the Derby Street Shoppes at 90 Derby Street, subject to the following conditions:

1. In accordance with the provisions of the Hingham Zoning By-Law, the conditions imposed in the Planning Board Site Plan Review Decision are binding conditions to this decision of the Zoning Board of Appeals.

2. The Applicant shall submit a revised plan to the Zoning Administrator for review for consistency with the approved plans as modified by conditions of this approval prior to application for a Building Permit, or if none is required then prior to commencement of work.

3. Unless modified by this Decision, all other conditions of the Derby Street Shoppes Special Permit A2under § III-A, 4.17 of the By-Law, dated February 10, 2003, as amended, shall remain in effect.

This decision shall not take effect until a copy of the decision bearing the certification of the Town Clerk that twenty (20) days have elapsed since the decision has been filed in the office of the Town Clerk and no appeal has been filed, or that if such appeal has been filed, that it has been dismissed or denied, is recorded with the Plymouth County Registry of Deeds and/or the Plymouth County Land Court Registry, and indexed in the grantor index under the name of the record owner or is recorded and noted on the owner’s certificate of title.

For the Board of Appeals,


_________________________________
Joseph W. Freeman
June 27, 2016