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TOWN OF HINGHAMBoard of AppealsNOTICE OF DECISIONSPECIAL PERMIT A1IN THE MATTER OF:Owner/ Bare Cove Properties Agent: Beals & Thomas, Inc. Mary Kate Schneeweis 44 Turnpike Road Southborough, MA 01772Applicant: Bare Cove Marina C/O Nicholas Bonn 3 Otis Street Hingham, MA 02043 Premise/Property: 3 Otis Street, Hingham, MA 02043 Title Reference: Plymouth County Registry of Deeds, Book 36276, Page 124Plan Reference: Plans entitled, "Site Plan 1,” “Site Plan 2,” and “Mooring Pile Detail,” prepared by Beals and Thomas, Inc., 144 Turnpike Road, Southborough, MA, dated July 25, 2017 (Sheets 5-7) SUMMARY OF PROCEEDINGSThis matter came before the Board of Appeals (the "Board") on the application of Nicholas Bonn of Bare Cove Marina (the "Applicant") for a Special Permit A1 under § III-C, 8. of the Zoning By-Law (the "By-Law") and such other relief as necessary to modify the existing floating docks at 3 Otis Street in the Floodplain Protection Overlay District from bottom-anchored to pile-supported.The Board opened a duly advertised and noticed public hearing on the application on February 15, 2017. The Board continued the initial hearing, as well as a number of subsequent sessions, without the receipt of testimony at the request of the Applicant. On February 13, 2018, the Board held its first substantive hearing on the matter. The Board panel consisted of its regular members Robyn S. Maguire, Chair, and Joseph M. Fisher, and associate member Joseph W. Freeman. The Applicant appeared to present the application along with Mary Kate Schneeweis, Beals and Thomas, and Brian Sweeney. At the conclusion of the hearing, the Board voted unanimously to grant the requested Special Permit A1 under § III-C of the By-Law with conditions as set forth below.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 The Applicant operates a marina from the property located at 3 Otis Street. The property is located in the Waterfront Business Zoning District and Hingham Harbor Overlay District, in addition to the Floodplain Protection Overlay District. The premises are improved by a single-story wooden building surrounded by a stone patio and wooden walkway, as well as a timber landing area and deck for the Town-owned Whitney Wharf Pedestrian Bridge. The marina itself consists of a short timber pier and gangway leading to thirteen connected floating boat docks, with seasonal finger floats extending off the outermost docks. The outermost docks are currently bottom anchored. The Applicant proposes to replace this existing bottom-anchored support system for the outermost floating docks with eleven new 12” steel pipe piles in order to improve stability, public safety, and vessel protection from wind and wave action. The Applicant represented that the proposed support system will not affect the natural flow of waterways, nor will it reduce flood storage capacity within the Floodplain Protection Overlay District. Section III-C, 8. of the By-Law only allows the Board to issue the requested special permit if “all necessary permits, orders or approvals required by local or state law, except for Massachusetts General Laws Chapter 131, Section 40, or federal law have first been obtained.” The Planning Board previously issued a Special Permit A3 that allowed existing businesses on the property to partially meet shared parking requirements through a license with the Town for the nonexclusive use of 19 spaces at the adjacent Iron Horse Park. The initial parking license expired on December 31, 2016 and the Board of Selectmen executed its replacement on April 13, 2017. As a result, the property is in compliance with its existing parking permits. The Conservation Commission also reviewed the proposed work and issued an Order of Conditions on December 21, 2016.Finally, the special permit application before the Board notes that the proposed work triggered applications for both a Chapter 91 License and Army Corps of Engineers General Permit. The Department of the Army determined on November 28, 2017 that the proposed work was authorized under a February 2015 General Permit. The required Chapter 91 License was then finalized and signed by the Governor on January 17, 2108. FINDINGSBased on the information submitted and presented during the hearing, the Board made the following findings:a. The proposed use of the site is in harmony with the general purpose and intent of the Zoning By-Law, for the following reasons:The proposed project represents a minor modification of an existing marina use allowed by right in the zoning district. The project forwards the goals of the Hingham Harbor Overlay District by facilitating additional access to water-based recreational uses. Accordingly, the proposed project is in harmony with the general purpose and intent of the By-Law.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 support system will not affect the natural flow of waterways, nor will it reduce flood storage capacity within the Floodplain Protection District. As required by Section III-C, 8., the Applicant attained all other local, state, and federal permits for the proposed work. 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 subject property supports Bare Cove Marina, which is an allowed use in the Waterfront Business zoning district. The proposed piles will improve the existing use of the property by promoting stability and vessel protection from wind and wave action. Accordingly, the specific site is an appropriate location. d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons:No adverse impacts will result from the proposed replacement of bottom anchors with support piles. e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:There will be no impact on pedestrian or vehicular traffic on nearby public ways resulting from the conversion of a bottom-anchor to pile support system. 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. 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:No additional facilities beyond those already serving the property will be required.RULINGS AND DECISIONUpon a motion made by Joseph M. Fisher and seconded by Robyn S. Maguire, the Board voted unanimously to GRANT the requested Special Permit A1 under § III-C of the By-Law to modify the existing floating docks at 3 Otis Street in the Floodplain Protection Overlay District from bottom-anchored to pile-supported, subject to the following conditions:1. The proposed work shall be completed in accordance with the approved plans and representations made to the Board during the hearing. 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,_________________________________Robyn S. MaguireMarch 13, 2018