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TOWN OF HINGHAM
Board of Appeals
NOTICE OF DECISION
SPECIAL PERMIT A1
IN THE MATTER OF:
Applicant/Owner: Bridget and Gregory St. Pierre
629 Main Street
Hingham, MA 02043
Premise/Property: 629 Main Street, Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds, Book 25507 Page 5
Plan Reference: Plans entitled, "Existing Conditions Plan” and “Proposed Pool Plan,” prepared by Cavanaro Consulting, 687 Main Street, Norwell, MA, respectively dated August 8, 2017 and October 27, 2017
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals (the "Board") on the application of Bridget St. Pierre (the "Applicant") for a Special Permit A1 under § III-C, 4.d of the Zoning By-Law (the "By-Law") and such other relief as necessary to construct a pool partially within the floodplain at 629 Main Street in Residence District B.
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. Landscape Designer, Tish Campbell, 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 40,518 SF of land located on the westerly side of Main Street, opposite its intersection with Crooked Meadow Lane. The property is improved by a single family dwelling (ca. 1753) and a detached garage. Portions of the property lie within jurisdictional resource areas, including riverfront/riparian and bordering vegetative wetlands and their associated buffer zones, as well as FEMA Flood Zone AE.
The proposed plan calls for installation of an in ground pool and construction of related retaining walls partially within the designated floodplain area. In connection with the construction, the application proposes to regrade the property to accommodate 300 cubic feet of compensatory storage. Section III-C, 4.d. provides that the Board may grant a Special Permit A1 for the proposed swimming pool use in a residential district.
During the hearing, the Applicant confirmed that the Conservation Commission previously reviewed the project and issued its Order of Conditions on December 1, 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 with the general Special Permit Approval Criteria under Section I-F, 2:
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 includes compensatory flood storage capacity and adequate drainage. As a result, the project will fulfill general purposes specified in the By-Law to secure safety from flood and other dangers.
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 use of the site complies with the purposes and standards of the relevant specific sections of the By-Law. Section III-C, 4.d. provides that the Board may grant a Special Permit A1 for the proposed swimming pool use and associated site work within a residential district. Additionally, the proposed structure will comply with the setbacks requirements specified in Section IV-A of the by-Law.
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 site is an appropriate location for such use and is compatible with the characteristics of the surrounding area. The proposed pool will be located to the rear of the existing dwelling in a manner similar to others in the neighborhood.
d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons:
The project will promote outdoor recreation in a manner consistent with the purposes of the By-Law. Any potential adverse impacts will be mitigated through the provision of compensatory storage.
e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:
There will be no impact on vehicles or pedestrians resulting from the proposed pool.
f. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use, for the following reasons:
Adequate facilities will be provided for the proposed pool.
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 proposed construction meets design standards for in ground pools and compensatory storage will mitigate any impact on floodplain.
RULINGS AND DECISION
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, 4.d of the By-Law to construct a pool partially within the floodplain at 629 Main Street in Residence District B., subject to the following conditions:
1. The project shall be completed in a manner consistent with the referenced plans and representations made by the Applicant 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. Maguire
April 16, 2018