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TOWN OF HINGHAMBoard of AppealsNOTICE OF DECISIONSPECIAL PERMIT IN THE MATTER OF:Applicant: Falconeiri Construction Owner: Six Station Street, LLC 88 West Grove Street 197 North Street Middleboro, MA 02346 Hingham, MA 02043Applicant’s Agent: Richard A. Henderson, Esq. 9 Brook Street Cohasset, MA 02025Property: 6 Station Street, Hingham, MA 02043 Title References: Plymouth County Registry of Deeds, Book 35269, Page 271 and Book 45607, Page 291Plan References: “Site Plan Set, 6 Station Street, Assessor Map 61 Lot 79, Hingham, MA 02043,” prepared by Cavanaro Consulting, 687 Main Street, Norwell, MA, dated November 21, 2018, revised through January 4, 2019 (5 sheets) “Subcatchment Area Plan,” prepared by Cavanaro Consulting, dated October 31, 2018, revised through December 10, 2018 (1 sheet) “Proposed Retail and Residential Units, 6 Station Street – Hingham, MA,” including renderings, rendering details, conceptual building elevations, conceptual building & site plans, prepared by Strekalovsky Architecture Inc., 42 North Street, Hingham, MA, dated August 30, 2018 through November 1, 2018 (6 drawings) “Site Phasing Plan,” prepared by Strekalovsky Architecture Inc., dated January 8, 2019 (2 sheets)“Preliminary Landscape Plan,” prepared by Sean Papich Landscape Architecture, 222 North Street, Hingham, MA, dated December 10, 2018, revised through January 23, 2019 (1 sheet)SUMMARY OF PROCEEDINGSThis matter came before the Board of Appeals (the "Board") on the application of Falconeiri Construction (the "Applicant") for a Special Permit A2 under §§ I-F, III-A (4.22), and III-G of the Zoning By-Law (the “By-Law”) and such other relief as necessary to construct a Commercial/Residential Building at 6 Station Street in Business District A and the Downtown Hingham Overlay District. In connection with the proposed use, the Applicant simultaneously filed related applications with the Planning Board for Site Plan Approval under § I-G and § I-I and a Special Permit A3 Parking Determination and/or Waivers under §§ III-G and V-A of the By-Law. The Boards opened the initial, duly noticed public hearings on these applications during a joint meeting held in Hingham Town Hall on December 18, 2018. At the Applicant’s request, the Board continued their respective hearings to a joint meeting on January 28, 2019 at which time the Planning Board voted to issue Site Plan Approval and to grant the related Special Permit A3 Parking Determination. The Board continued its proceedings to a separate public hearing on February 6, 2019, at which time the Board, in accordance with § I-I, 2.b., voted unanimously to grant the requested Special Permit, with conditions as set forth below.The Board panel consisted of its regular member Joseph M. Fisher, Chair, and Robyn Maguire, and associate member Michael Mercurio. The Applicant was represented during the hearings by: Matthew Falconeiri; Richard A. Henderson, Esq.; John Cavanaro, P.E.; Vcevy Strekalovosky; Sean Papich, ASLA; and Jack Gillon, traffic engineer. The proposed site plan and other supporting materials were reviewed by the Boards’ technical consultants, including by Patrick Brennan, P.E., of Amory Engineers, and Jeffrey Dirk, P.E., PTOE, FITE, of Vanasse & Associates, Inc. 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 subject property presently consists of 10,630 SF of land located at the east corner of the intersection North and Station Streets. The current lot size and configuration is due in part to a recent discontinuance and conveyance of portions of the street layouts to the owner of the subject property such that the parcel increased in size from approximately 7,500 SF to the current 10,630 SF. The property is currently improved by a single-story commercial structure formally occupied by Settles Glass. The applicant has proposed to replace the existing structure with a new, 3-story Commercial/Residential Building, consisting of 4,545 SF. The ground level would be dedicated to retail use and the second and third floors to residential use. The proposed building would be minimally setback 0.5’ from North Street, which is consistent with the average front yard setback of 0.47’ for adjacent parcels on North Street and permissible by-right pursuant to the Special Requirements provision of Section IV-B, 9. The proposed structure appears to comply with all other dimensional requirements in Business District A as specified by the By-Law. The Historic Districts Commission reviewed the proposed site plan and building design, issuing a Certificate of Appropriateness for the project on October 10, 2018. The Commission’s decision includes a number of conditions that will require further review of certain design details, but would not impact the overall massing, location, or appearance of the Building. The proposed plan calls for a total of 12 on-site parking spaces, including 7 garage bays and a 5-space surface lot facing Station Street. These spaces would be dedicated to the 4-residential units and not for retail or commercial uses. The Applicant requested and the Planning Board granted a waiver from the requirement to provide on-site parking for the proposed retail use. Other site improvements include a reduction (518 SF) in impervious area, which will yield a reduction in existing stormwater runoff flows onto the adjoining public streets. Landscaping will be added to the newly-created open areas along the perimeter of the site. In terms of offsite improvements, the Applicant has committed to reconstructing the public sidewalk along Station Street. The Applicant also intends to resurface the North Street sidewalk with brick. This work, as well as a proposed bike rack and walkways within the right of way, will require coordination with the Selectmen and the Department of Public Works. FINDINGSBased 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 § I-F, 2: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 is consistent with the general purpose of the By-Law as no adverse impact is expected to the health, safety, or welfare of the downtown businesses, neighbors, or the Town. 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 project both supports the purposes and objectives of the Downtown Hingham Overlay District and complies with the eligibility requirements specified therein. The plan provides a mix of uses, including a housing option not otherwise available in the surrounding area. Commercial/retail space will be maintained on the ground level on North Street. The proposed residential units comply with the minimum floor area and maximum number of bedrooms provided in 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 subject property is an appropriate location for the proposed Commercial/Residential Building use. As evidenced by the Historic District Commission’s Certificate of Appropriateness, the proposed Building massing and design is compatible with the surrounding historic streetscape.d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons: There will be no adverse impacts associated with the proposed use.e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons: The anticipated volume of traffic generated by the proposed Commercial/Residential Building is relatively minor at less than 5 vehicle trips per hour at the project access drive. Motorists exiting the site will have sufficient sight lines safely to enter Station Street with its approach speed of less than 20-mph. Additionally, parking will be provided onsite for residents of the proposed residential units and their guests. In accordance with the Planning Board’s Special Permit A3 Decision, filed February 5, 2019, the onsite commercial parking requirement of 10 spaces is waived based on the proximity of the site to the public parking lot on Station Street. No nuisance or hazard will result from the proposed project.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 water and sewer, exist for the proposed use. The property is also located within walking distance of public transportation. 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 accepted design standards for stormwater management. RULINGS AND DECISIONUpon a motion made by Robyn S. Maguire and seconded by Michael Mercurio, the Board voted unanimously to GRANT the request by Falconeiri Construction for a Special Permit A2 under §§ I-F, III-A (4.22), and III-G of the By-Law to construct a Commercial/Residential Building at 6 Station Street in Business District A and the Downtown Hingham Overlay District, subject to the following conditions:1. The proposed construction shall be completed and the use shall be operated in a manner consistent with the approved plans and representations made during the public hearing. 2. Hours of operation for the commercial/retail use within the Building shall be limited such that the business shall not open before 7:00 a.m. nor close after 9:00 p.m. 3. In accordance with the provisions of the By-Law, the conditions imposed in the Planning Board Site Plan Approval, filed February 5, 2019, are binding conditions to this Decision of the Zoning Board of Appeals. 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 M. Fisher, ChairMarch 18, 2019