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TOWN OF HINGHAM
Board of Appeals

NOTICE OF DECISION
SPECIAL PERMIT - MAJOR MODIFICATION

IN THE MATTER OF:

Applicant: Perry BAC Shipyard, LLC
20 Winthrop Square, 5th Floor
Boston, MA 02110

Owner: Samuels & Associates Hingham Moorings, LLC
333 Newbury Street
Boston, MA 02115

Property: 0, 10 Shipyard Drive (Assessors Map 35, Lots 70 and 51)
Hingham, MA 02043

Deed Reference: Plymouth County Registry of Deeds, Book 36554, Page 213

Plan References: 1. Plan set entitled, "Site Development Plans for 10 Shipyard Drive," prepared by CHA Consulting, Inc., 101 Accord Park Drive, Norwell, MA, dated August 22, 2016 (Drawing No. C-001-C-002, C-101-C-102, C-201, C-401, C-501-C-502:
2. Architectural plans set entitled, "10 Shipyard Drive, Hingham, MA," including site, streetscape, facade and aerial views, perspectives, floor plans, elevations and pier details, prepared by Albert, Righter & Tittmann Architects, Inc., 262 Washington Street, Boston, MA, dated October 6, 2016 (12 Drawings).
3. Plan set entitled, "10 Shipyard Drive, Hingham, MA," including a landscape site plan, and landscape, planting, and lighting materials plans, prepared by Brown, Richardson & Rowe, 3 Post Office Square, Boston, MA, dated September 26, 2016 (Sheets L 1.0 (revised October 6, 2016), L 2.0, L 3.0, and L 4.0).

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals (the “Board”) on the application of Perry BAC Shipyard, LLC (the “Applicant”) for a Major Modification of the Hingham Shipyard Mixed-Use Special Permit, originally issued May 12, 2003, as amended, under § IV-G of the Zoning By-Law (the "By-Law") and such other relief as necessary to modify the approved residential building and associated parking, resulting in a reduction of the number of dwelling units from 83 to 77, at 10 and 0 Shipyard Drive (the "Property") in the Industrial District. In conjunction with the Special Permit Modification, the Applicant simultaneously filed an application with the Planning Board for Site Plan Approval under § I-G and § I-I, along with a Special Permit A3 Parking Determination under § V-A of the By-Law.

A public hearing was duly noticed and held on September 14 , 2016 at the Town Hall, 210 Central Street. Subsequent sessions were held before the Board on September 26, 2016 and October 19, 2016. The Board panel consisted of its regular members Joseph W. Freeman, Chairman, Robyn S. Maguire, and Joseph M. Fisher. The Applicant was represented during the public hearings by Attorney Jeffrey A. Tocchio, Esq., and W. Prescott Golding, Esq. of Drohan, Tocchio & Morgan, P.C., William G. Constable and Richard Beal of AW Perry, Gabe Crocker, P.E., of CHA, J.B. Clancy and John Tittmann from ART Architecture, and Alison Richardson, R.L.A., from Brown, Richardson & Rowe. At the conclusion of the hearing, the Board voted unanimously to grant the requested Special Permit Modification subject to the conditions contained herein.

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 meeting.

BACKGROUND

In November 2015, the Board issued another Major Modification of the Hingham Shipyard Mixed-Use Special Permit to Samuels & Associates in order to combine the residential massing of the previously approved Middle and South Residential Buildings to be located at 0 and 10 Shipyard Drive. The 2015 approved plan also increased the number of permitted dwelling units from 68 to 83, but maintained the permitted residential floor area at 112,823 SF.

In June 2016, Samuels & Associates entered into a Purchase and Sale Agreement with the Applicant, Perry BAC Shipyard, LLC, for the subject property. The Applicant now seeks further modification in order to: 1) reduce the permitted number of dwelling units from 83 to 77; 2) reduce the overall number of bedrooms from 144 to 130; 3) increase the open space by approximately 10,000 SF; 4) enclose areas of residential parking; and 5) modify the architectural features and building materials. The proposed changes would not affect the residential floor area, building height, or parking ratio.

The proposed plan triggered a Major Modification as defined by Condition #3, subsection C of the Mixed-Use Special Permit as the proposed plan represents a significant modification of approved architectural elements and results in a greater than ten percent change in the area of relevant use. The Applicant represented that all other features of the Mixed-Use Redevelopment Project will be maintained or improved.

In accordance with § I-I, 2.b., the Board received notice of the Planning Board's Site Plan Approval, filed with the Town Clerk on October 5, 2016, prior to acting on this application. The Planning Board also issued a Special Permit A3 Parking Determination with Waivers, approving the proposed parking arrangement depicted on the referenced plans

FINDINGS

Based on the information submitted with the application and presented during the hearings, the Board finds that the proposed Modification does not affect the specific findings of the original Mixed-Use Special Permit, issued by the Board on May 8, 2003, as amended through November 5, 2015. The Board specifically finds:

a. The proposed use will be in harmony with the general purpose and intent of the Zoning By-Law, for the following reasons:
The proposed changes are consistent with the purpose and intent of Section IV-G of the Zoning By-Law. The proposed plan maintains a mixture of uses within the overall development and will contribute to the physical and aesthetic qualities of the Industrial District. The proposed uses are consistent with the mixed-use nature of the project and will improve the physical and aesthetic qualities of the Industrial District.

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 parking deck will be developed within the maximum allowable residential floor area specified in § IV-G. The proposed plan complies with both the permitted uses and intensity of uses required for the Residential - Commercial Option Mixed-Use Development.

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 proposed plan maintains the location, residential floor areas, and height of the approved project. This separation of uses is evident elsewhere within the development and is permitted by the By-Law. The architectural design of the building as revised is consistent otherwise with the built out portions of the Hingham Shipyard Redevelopment.

d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons:
The proposed reduction in the number of dwelling units and bedrooms will result in less impact than the previously-approved building. The Applicant demonstrated that no negative impacts, in terms of water, wastewater, traffic, or public safety will be incurred. Additionally, the proposed covered parking provides visual relief, improves stormwater quality, and provides an opportunity to increase open space.

e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:
The design of the parking structure and access drives facilitates safe and convenient vehicular and pedestrian access for the proposed project. Off-street loading and delivery area will be designated along the southerly access drive and within the covered parking area.

f. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use, for the following reasons:
Adequate facilities exist to support the project as revised.

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, which are consistent with the original Mixed-Use Special Permit, as previously modified, meet accepted design standards.

DECISION

Upon a motion made by Joseph M. Fisher and seconded by Robyn S. Maguire, the Board voted unanimously to GRANT the Major Modification to the Hingham Shipyard Mixed-Use Special Permit to modify the approved residential building and associated parking, resulting in a reduction of the number of approved dwelling units from 83 to 77, at 10 and 0 Shipyard Drive in the Industrial District, subject to the following Conditions:

1. The Applicant shall construct the Project in a manner consistent with the approved plans and the representations made at the hearings before the Board.

2. In accordance with comments issued by the Fire Prevention Officer, dated September 26, 2016, the Applicant shall include a gate in the railing of the elevated deck for ladder access. Additionally, the final plans shall be modified to comply with State Fire Code by creating more room around the hydrant in the southwest corner of the parking lot.

3. All conditions of the previous Special Permit Decisions for the Property remain in effect unless specifically modified by this Decision.

4. In accordance with the provisions of the Hingham Zoning By-Law, the conditions imposed in the Planning Board Site Plan Review decision, filed with the Office of the Town Clerk on October 5, 2016, are binding conditions to this decision of the Zoning Board of Appeals.

For The Board of Appeals,


__________________________________
Joseph W. Freeman, Chair
November 8, 2016