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Board of Appeals

NOTICE OF DECISION
VARIANCE MODIFICATION

IN THE MATTER OF:

Applicant: 415 Whiting, Inc. d/b/a The Quarry Restaurant and Lounge
c/o Julie and Ron Leduc

Property Owner: Joseph Crugnale
567 Concord Street
Belmont, MA 02478

Premises: 415 Whiting Street
Hingham, MA 02043

Deed Reference: Plymouth County Registry of Deeds, Book 14127, Page 54

Plan References: Plans entitled: "As Built Site Plan, 415 Whiting St.," prepared by Perkins Engineering, dated November 5, 1986 and plan set entitled, "Alterations to the: The Quarry Restaurant & Lounge, 415 Whiting Street, Hingham, MA," prepared by Roger O. Hoit, AIA, Architect, 1175 Main Street, Hingham, MA, dated April 8, 2015, Drawings A1 - A4.

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals (the "Board") on the application of Julie Leduc of the Quarry Restaurant and Lounge (the "Applicant") for a Modification of a Use Variance from § III-A, 4.9 of the Zoning By-Law (the "By-Law") and such other relief as necessary to amend a site plan approved by the Board on September 27, 1983. The proposed site plan modification includes an outdoor patio to the rear of the existing restaurant in an area previously approved as a driveway connecting two parking areas at the Quarry Restaurant and Lounge, 415 Whiting Street, in Residence District C.

The Board of Appeals heard the application at a duly advertised and noticed public hearing held on Wednesday, May 13, 2015. The Board panel consisted of its regular members W. Tod McGrath, Chairman, Joseph M. Fisher and Joseph W. Freeman. At the conclusion of the hearing, the Board voted unanimously to grant the requested Variance Modification.

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 consists of approximately 8.59 acres located on the northerly side of Whiting Street adjacent to the Weymouth town line. The site is improved by a commercial building (ca. 1905) that is presently used as a restaurant. The building is sited in the southeasterly corner of the parcel between Whiting Street and a sizeable quarry hole. There exists significant areas of ledge and varying topography elsewhere on the site.

The Applicant seeks approval from the Board to modify a plan approved in conjunction with a use variance application in 1983. The proposed modification calls for a new patio to the immediate rear of the existing restaurant building. The patio would eliminate the current thru circulation pattern between the two onsite parking areas and convert the one-way curb cut openings to two-way traffic.

The Applicant indicated that seating would be relocated from the interior of the restaurant when the patio is in use such that no additional parking would be required. The Fire Department reviewed the plan and confirmed that the proposed modification as conditioned will maintain adequate access for fire prevention. The proposed modification also requires approval by the Hingham Conservation Commission, which is awaiting a file number from DEP for the Applicant's Request for Determination of Applicability.

FINDINGS

Based upon the information submitted and received at the hearing, the Board determined that:

1. The original variance decision indicates that circumstances, specifically topography and soil conditions related to the historic use of the property as a quarry, affect the subject property and not generally the zoning district. Circumstances prevailing at the time of the original variance decision continue to exist.
2. A literal enforcement of the Zoning By-Law would involve substantial hardship, as the Applicant would not otherwise be able to attract business during the summer season;
3. The requested relief may be granted without substantial detriment to the public good. The project will not intensify the use of the property and instead just relocates seating seasonally from the restaurant to the patio. As a result, there will be no additional traffic generated by the project. The Fire Department also reviewed the plan and confirmed that the proposed modification as conditioned will maintain adequate access for fire prevention.
4. The relief may be granted without nullifying or substantially derogating from the intent or purpose of the Zoning By-Law.

DECISION
Upon a motion made by Joseph M. Fisher and seconded by Joseph W. Freeman, the Board of Appeals voted unanimously to GRANT the requested Variance Modification, allowing installation of a patio to the rear of the restaurant at 415 Whiting Street, subject to the following conditions:

1. The rights authorized by this Variance shall expire one year from the date this Decision is filed with the Town Clerk, unless exercised or extended in accordance with the terms of M.G.L. c. 40A, § 10.
2. The construction shall be completed in a manner consistent with the plans submitted and representations made during the hearing.
3. Existing signage designating the curb cuts as "entrance" and "exit" shall be replaced with signs to notify the public of the altered circulation. The revised signage shall indicate "parking" at the easterly curb cut and "additional parking" at the westerly curb cut or the like.
4. Driveways must meet the 20' standard for two-way driveways specified in Section V-A of the By-Law.
5. The area on either side of the patio must be designated and marked as a Fire Lane.
6. Patio seating must not increase the current Occupancy Load.

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,