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TOWN OF HINGHAM
PLANNING BOARD
NOTICE OF DECISION
Site Plan Review in Association with a Special Permit A2
IN THE MATTER OF:
Applicant: 121 Douglas Associates Inc., (petitioner)
121 Douglas Road
Sutton, MA 01590
d/b/a Ralph’s Wine and Spirits
Premises: 211 Lincoln Street Unit B
Hingham, MA 02334
Map 37, Lot 23B
Deed Reference: Plymouth County Registry of Deeds, Book 22660, Pages 46 (Lots 22, 23, 23B)
Land Court Certificate of Title No. 101857 (Lot 24)
Date: May 6, 2013
Plan
References: Entitled “Anchor Plaza Proposed Parking Improvements,
207-225 Lincoln Street (Route 3A), Hingham, MA,” dated April 30, 2013
and revised thru May 15, 2013 prepared by Highpoint Engineering Inc for
Anchor Plaza Realty Trust.
Summary of Proceedings
This matter came
before the Planning Board on the application of 121 Douglas Associates
Inc. (petitioner) for a modification to the existing Special Permit A2,
as amended through October 4, 2007, under section III-A, 4.9A, with Site
Plan Review to be done by the Planning Board under §I-G and §I-I of the
Zoning By-Law and such other relief as necessary to allow for beer and
wine tastings as well as the service of small plates of food to be
prepared on the premises at Ralph's Wine and Spirits, to be located at
Anchor Plaza, 225 Lincoln Street, in Business District B and Residence
District A.
The Planning Board and Zoning Board of Appeals
heard the application jointly at a duly advertised and noticed joint
hearing on April 8, 2013 at 7:45 PM in the Hingham Town Hall at 210
Central Street. Members of the Planning Board present were: Judy
Sneath, Chairman; William Ramsey, Clerk; Paul Healey and Sarah Corey.
The Board of Appeals panel consisted of its members: Joseph Fisher,
Chairman; Tod McGrath, Clerk; and David Anderson.
Attorney Peter Keenan was in attendance for Anchor Plaza Realty Trust, S. John Hajjar, Trustee.
Project Description and Findings
The
Applicant proposes to offer a tasting on Wednesday evenings called
“Corks and Forks Wine Classes.” Reservations will be required and
seating will be limited to fourteen (14) people. The tasting will
educate the wine consumer on different wines. In addition, the
Applicant will provide small servings of food that pair with the wines
being served.
The plan is to have limited food preparation for
serving on Wednesday evenings from 6:30 PM to 8:30 PM. There’s a
three-bay sink in the facility, a special dishwasher, and a grease
interceptor. The food is going to be served on small plates,
appetizer-type foods, for the purpose of enhancing the flavor and
experience of the wine education that will be going on to train the
customer in a particular type of wine best suited for the particular
type of food served that evening.
There is a site plan review
that was approved by the Board with 232 parking spaces. The Applicant’s
space is 5,359 square feet, which requires 27 parking spaces and 5
additional spaces for the 14 stools to seat patrons for the tastings.
The
discrepancy was discussed between the above parking spaces and an April
5, 2013 letter showing a surplus of 21 spaces based on the Applicants’
engineer’s review of the marked spaces in the plaza, which came to 244.
The
list on the parking plan for Ralph’s shows the 27 spaces for the retail
use, but it doesn’t show the additional 5 for the sit-down portion of
the use. When going to the bottom of that chart, total marked spaces
provided to be 232, total spaces required should be 228, and then the
difference is four.
The Board discussed parking regulations in
regards to the fourteen (14) available stools for the “Corks and Forks
Wine Classes.” The Board discussed that the parking calculation would
be different if this was a restaurant and not an accessory use.
Board members reviewed the project in accordance with the Site Plan Criteria contained in Section I-I (6) as follows:
a.
protection of abutting properties against detrimental uses by provision
for surface water drainage, fire hydrant locations, sound and site
buffers, and preservation of views, light and air, and protection of
abutting properties from negative impacts from artificial outdoor site
lighting;
The Board concurred that, as proposed, the project will
not result in adverse impacts on abutting properties subject to the
following conditions: 1) Deliveries will be not be between the hours of
9:00 PM and 7:00 AM and 2) The dumpster pick-up will not be between the
hours of 7:00 PM and 8:00 AM.
b. convenience and safety of
vehicular and pedestrian movement within the site and on adjacent
streets; the location of driveway openings in relation to traffic or to
adjacent streets, taking account of grades, sight distances and
distances between such driveway entrances, exits and the nearest
existing street or highway intersections; sufficiency of access for
service, utility and emergency vehicles;
No snow storage along the site abutting Route 3A and Applicant to abide by the existing condition regarding snow removal.
c.
adequacy of the arrangement of parking, loading spaces and traffic
patterns in relation to the proposed uses of the premises; compliance
with the off-street parking requirements of this By-Law;
Contingent
upon parking in accordance with count and configuration (232 spaces) as
shown in the referenced parking plan and ensure 24’ aisle to rear of the
building.
d. adequacy of open space and setbacks, including adequacy of landscaping of such areas;
Not applicable
e. adequacy of the methods of disposal of refuse and other wastes resulting from the uses permitted on the site;
Recycling to be placed in stockade fence area and pick-up will not be between the hours of 7:00 PM and 8:00 AM.
f.
prevention or mitigation of adverse impacts on the Town's resources,
including, without limitation, water supply, wastewater facilities,
energy and public works and public safety resources;
In accordance with Board of Health Regulations on grease interceptors.
g.
assurance of positive stormwater drainage and snow-melt run-off from
buildings, driveways and from all parking and loading areas on the site,
and prevention of erosion, sedimentation and stormwater pollution and
management problems through site design and erosion controls in
accordance with the most current versions of the Massachusetts
Department of Environmental Protection's Stormwater Management Policy
and Standards, and Massachusetts Erosion and Sediment Control
Guidelines.
Not applicable
h. protection of natural and
historic features including minimizing: the volume of cut and fill, the
number of removed trees of 6 inches caliper or larger, the removal of
stone walls, and the obstruction of scenic views from publicly
accessible locations;
Not applicable
i. minimizing
unreasonable departure from the character and scale of buildings in the
vicinity or as previously existing on or approved for the site.
Not applicable
Decision and Vote
It
was moved, seconded and SO VOTED to grant Site Plan approval for the
Application and the above referenced plan to allow for beer and wine
tastings as well as the service of small plates of food, on Wednesday
evenings, to be prepared on the premises at Ralph's Wine and Spirits,
located at Anchor Plaza, 225 Lincoln Street, in Business District B and
Residence District A subject to the following conditions:
1. Deliveries will not be between the hours of 9:00 PM and 7:00 AM.
2. The dumpster pick-up will not be between the hours of 7:00 PM and 8:00 AM.
3.
Contingent upon parking in accordance with count of configuration (232
spaces) as shown on the referenced parking plan and ensure 24’ aisle to
rear of the building.
4. A Certificate of Occupancy will not
be issued for “Forks and Corks” until the Planning Board approves the
revised parking plan and staff has inspected the site.
_____________________________
Judith S. Sneath
Chairman, Hingham Planning Board
NOTARIZATION
EXECUTED this _____ day of May, 2013
Commonwealth of Massachusetts
Plymouth, ss May ____, 2013
Then
personally appeared Judith Sneath, Chairman of the Hingham Planning
Board, and acknowledged the foregoing to be the free act and deed of
said Board.
_________________________ My Commission Expires: July 22, 2016
Karen M. Clancy, Notary Public
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