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Board of Appeals



Owner: Keith Way Condominium Trust
David J. Chase and Thomas F. O’Brien, Trustees
188 Whiting Street
Hingham, MA 02043

Applicant: Independence Realty Trust Agent: Francis Colpoys, Esq.
David J. Chase, Trustee 1020 Plain Street
188 Whiting Street Suite 250
Hingham, MA 02043 Marshfield, MA 02050

Premise/Property: 4 Keith Way, Hingham, MA 02043

Title Reference: Plymouth County Registry of Deeds, Book 5812, Page 1

Plan Reference: Plans entitled, "Site Plan of Land, Showing New Building Location,” prepared by Keefe Associates, 281 South River Street, Marshfield, MA, dated September 22, 2017 and revised November 18, 2017 (2 Sheets); Utilities and Landscape Plan, Unit 3, Keith Way,” unsigned, dated December 8, 2017 (1 Sheet); and “New Office Building Project,” including building floor plans and elevations, prepared by SN Consulting Group, 892 Worcester Street, Wellesley MA, dated November 1, 2017 (2 Drawings)


This matter came before the Board of Appeals (the "Board") on the application of Independence Realty Trust, David J. Chase, Trustee (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 construct a 1200 SF single story office/storage building at 4 Keith Way in the Floodplain Protection Overlay District.

The Board opened a duly advertised and noticed public hearing on the application on January 16, 2018. The Board panel consisted of its regular members Robyn S. Maguire, Chair, and Joseph M. Fisher, and associate member Alan M. Kearney. Attorney Frank Colpoys appeared to present the application to the Board. 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.


The subject property consists of approximately 4 acres of land (176,331 SF) located on Keith Way and the Derby Street Shoppes Service Road. The property is improved by multiple industrial condominium buildings. The applicant plans to construct an addition on the easterly façade of Unit 4 in order to create 1200 SF of office/warehouse space.

The property is located partially within a mapped floodplain (FEMA Flood Zone A) as depicted on Part B of the Zoning Map. Though there is a Letter of Map Revision Based on Fill (LOMR-F) on file that removes Unit 4 from the Special Flood Hazard Area, the applicant still requires an exemption from the general prohibition on building within mapped floodplain zoning district.

The Board of Appeals is required to refer applications under § III-C, 8. of the By-Law to the Planning Board, Conservation Commission, and Board of Health for comment. The Conservation Officer responded to the request for comments on behalf of the Commission, indicating that the project was exempt from local regulations based on the LOMR-F. The Planning Board previously reviewed the project through a Site Plan Review application, granting its approval on December 19, 2017. The Board of Health also previously reviewed the proposed construction, issuing a Local Upgrade Approval of the onsite sewage disposal system on October 2, 2017.


Based on the information submitted and presented during the hearing, and the deliberations and discussions of the Board during the hearing, the Board made the following findings.

In accordance specifically with Section III-C, 8., the Board finds that the subject property is not in fact subject to flooding or unsuitable based on drainage conditions for the proposed addition. The Board further finds that use of the property will not interfere with the general purposes for which the Floodplain Protection Overlay District has been established and will not be detrimental to the public health, safety, or welfare.

With respect to the general Special Permit Approval Criteria under Section I-F, 2., the Board finds that:

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 use as developed will be in harmony with the general purposes and intent of the By-Law. The proposed use of the building is permitted in the Industrial Park and South Hingham Development Overlay District of the addition will secure safety from flood.

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 design of the addition will adequately protect the interests of flood control and storm damage prevention in fulfillment of the purposes specified under Section III-C: Floodplain Protection Overlay District. The proposed building location and design will further comply with the dimensional requirements for construction within the Industrial Park District, as modified by the South Hingham Development Overlay District, in which it is located.

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 specific site is an appropriate location for the proposed addition since the existing building on the site is subject to a FEMA-approved Letter of Map Revision Based on Fill (LOMR-F). The building design is also compatible with the surrounding area.

d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons:
The proposed use as developed will accommodate small office and warehouse space. No adverse impacts are expected.

e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:
The proposed design of the addition will not result in additional traffic or create any safety issues for the other uses on the site or in the area more generally.

f. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use, for the following reasons:
Adequate facilities, including specifically parking and wastewater disposal facilities, exist or will be provided to support the proposed use.

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 addition and related site improvements, which were reviewed by the Planning Board and Board of Health, comply with accepted design standards.


Upon a motion made by Joseph M. Fisher and seconded by Alan M. Kearney, the Board voted unanimously to GRANT the requested Special Permit A1 under § III-C, 8. of the By-Law to construct a 1200 SF single story office/storage building at 4 Keith Way in the Floodplain Protection Overlay 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. The Applicant shall prepare an Elevation Certificate based on construction drawings to include with the application for a Building Permit. A new Elevation Certificate based on finished construction shall be submitted prior to application for a Certificate of Occupancy.

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. Maguire
April 13, 2018