Create an Account - Increase your productivity, customize your experience, and engage in information you care about.
View Other Items in this Archive |
View All Archives | Printable Version
TOWN OF HINGHAMBoard of AppealsNOTICE OF DECISIONSPECIAL PERMIT A2IN THE MATTER OF:Applicant: Fusion Education Group d/b/a Fusion Academy 77 Monroe Center, NW, Suite B Grand Rapids, MI 49503Agent: Scott Golding, Esq. Drohan Tocchio & Morgan, P.C. 175 Derby Street, Suite 30 Hingham, MA 02043 Owner: Derby Street DE LLC 116 Huntington Avenue, Suite 600 Boston, MA 02116Property: 99 Derby Street, Hingham, MA 02043 Deed Reference: Plymouth County Registry of Deeds Book 44381, Page 299Plan References: "Site Exhibit," prepared by Crocker Design Group, LLC., 2 Sharp Street, Unit B, Hingham, MA, dated May 15, 2019 (1 Sheet) SUMMARY OF PROCEEDINGSThis matter came before the Board of Appeals (the “Board”) on the application of Fusion Education Group d/b/a Fusion Academy (the “Applicant”) for a Special Permit A2 under § III-A, 3.3 of the Zoning By-Law (the “By-Law”) and such other relief as necessary to allow for the operation of a private school in approximately 10,626 SF of space in the existing three-story office building at 99 Derby Street in the Office Park and South Hingham Development Overlay Districts. In connection with this request, the Applicant simultaneously filed with the Planning Board an application for Site Plan Approval under § I-G and § I-I of the By-Law, along with a related application for a Special Permit A3/Parking Determination under § V-A of the By-Law. The Planning Board separately reviewed these applications and voted to conditionally approve the Site Plan and Special Permit A3. The decisions were filed with the Town Clerk both filed on August 12, 2019. The Board opened a duly advertised and noticed public hearing on the application on July 23, 2019. At the Applicant’s request, the Board continued the public hearing without the receipt of testimony to August 20, 2019. The Board panel consisted of its regular members Robyn S. Maguire, Chair, and Paul K. Healey, and associate member Joseph Ruccio. The Applicant was represented during the hearing by its Real Estate Manager, Lindsay LeBlanc, and Attorney Adam Brodsky of Drohan Tocchio & Morgan, P.C. At the conclusion of the hearing, the Board voted unanimously to grant the requested Special Permit A2 under § III-A, 3.3 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 meeting. BACKGROUNDThe subject property consists of 5.26 acres of land located on the northerly side of Derby Street where it intersects with Cushing Street. The site is improved by a 3-story office building that was constructed in 1990. The proposed private school and tutoring facility would occupy a 10,626 SF portion of the 48,405 SF structure. The school would serve students in grades 6-12 on a one-to-one teacher-to-student ratio. Operations would run year-round with classes held Monday through Thursday, as well as Fridays for those requiring extra help. Tutoring sessions would be scheduled on Monday/Wednesday and Tuesday/Thursday. The Academy would also operate on Sundays for tutoring and class credit. There would be 17 full-time tutors, 8 part-time tutors, and 7 administrators working and an estimated 45-55 students attending at the school when it is at full capacity. Very limited modifications will be made to the site in connection with the proposed use. Two parking spaces at the front of the building will be designated for student drop off and pick up. There are also several existing striped parking spaces on the property that were not approved when the building was originally permitted and are dimensionally nonconforming. With respect to these spaces, the Board noted during the hearing a discrepancy between the plan notations and narrative submission included with the application. The plan identifies seven (7) spaces to be removed in an effort to maintain drive aisles through the site. Another note indicates that there are six (6) more spaces on the existing site than approved in connection with the construction in 1990. Members determined that clarification would be required as a condition of this Decision.FINDINGS In accordance with the Special Permit Approval Criteria under § I-F, 2 of the By-Law and based upon the information submitted and received at the hearing, and the deliberations and discussions of Board members during the meeting, the Board has determined 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 is consistent with the general purpose of the By-Law. A private school is an allowed use by special permit in the Office Park District. The proposed use will not affect the health, safety or welfare of other tenants of the building, abutters to the property, or the general public. 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 advances the purposes of the South Hingham Development Overlay District in that it utilizes existing infrastructure, including non-residential roadways, and encourages an economic mix and vitality within the area. The proposed project was also approved by the Planning Board through issuance of a Site Plan Approval under Section I-I and a Special Permit A3/Parking Determination under Section V-A of the By-Law, with both decisions filed with the Town Clerk on August 12, 2019. 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 and existing building is an appropriate location for the private school, which will operate in a manner similar to the general business and office uses in the area. The anticipated peak hours of operation between 10 am and 2 pm do not coincide with other uses in the building. The school has potential to alleviate the number of vehicle trips generated on the site during typical morning and evening commute hours. 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 impact associated with the proposed use of the existing tenant space. No alteration or construction is proposed outside of the existing building. The use is compatible with the general business uses currently operating in the building and other office uses along the Derby Street corridor. e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons: Following clarification by the Planning Board, the Applicant will remove 6 or 7 noncompliant parking spaces in an effort to maintain drive aisles and proper circulation through the site. Two parking spaces at the front of the building will also be designated for student drop off and pick up. As a result of these improvements, motorists and pedestrians will not experience any hazard from the proposed use.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 proposed use including an onsite wastewater disposal system with capacity to serve the private school. 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 exterior building construction is proposed in connection with the Project. The existing systems are adequate for the proposed use and do not require modification. DECISION Upon a motion made by Paul K. Healey and seconded by Joseph Ruccio, the Board voted unanimously to GRANT the requested Special Permit A2 under § III-A, 3.3 of the By-Law and such other relief as necessary to allow for the operation of a private school in approximately 10,626 SF of space in the existing three-story office building at 99 Derby Street in the Office Park and South Hingham Development Overlay Districts, subject to the following conditions:1. The Applicant shall complete the Project and operate the use in a manner consistent with the approved plans and the representations made at the hearing before the Board. 2. The Applicant shall seek a written clarification from the Planning Board or its designee on the number of parking spaces to be removed from the Property since the referenced plan identifies seven (7) dimensionally nonconforming parking spaces with respect to drive aisles and six (6) more spaces on the existing site than approved in connection with the original building construction in 1990. The required clarification shall be included with the application for a building permit for the Project.3. In accordance with the provisions of the Hingham Zoning By-Law, the conditions imposed in the Planning Board Site Plan Approval, filed with the Town Clerk on August 12, 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, __________________________________ Robyn S. Maguire, Chair October 15, 2019