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TOWN OF HINGHAM
BOARD OF APPEALS
NOTICE OF DECISION
SPECIAL PERMIT A2
IN THE MATTER OF:
Applicant: Lido Juice, Inc. Stephen Johnson Alyson Gregory
103 Ripley Road 226 Powder Pt. Ave. 36 Stockbridge St.
Cohasset, MA 02025 Duxbury, MA 02332 Cohasset, MA 02025
Property Owner: JAL Realty LLC.
82 Broad St.
Boston, MA 02110
Premises: 60 South St.
Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds, Land Court Cert. #113979,
Book 569, Page 179
Plan Reference: Unstamped Floor Plans of Lido Juice, Inc., 60 South St., prepared by Stephen D. Johnson, dated March 14, 2014
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals on the application of Lido Juice, LLC c/o Stephen Johnson and Alyson Gregory (lessee, the “Applicant”) for a Special Permit A2 under §III-A, 4.9A and 4.9B of the Zoning By-Law and such other relief as necessary to operate a 15 seat sit-down/take-out juice bar at 60 South Street in Business District A and the Downtown Hingham Overlay District, along with Site Plan Review to be done by the Planning Board under §I-G and §I-I and a Special Permit A3 parking determination, with waivers if necessary, under §V-A.
The Board of Appeals and Planning Board heard the applications at a duly advertised and noticed joint public hearing on Wednesday, March 19, 2014. The Board of Appeals panel consisted of its regular members Joseph W. Freeman, Chairman, W. Tod McGrath and Joseph M. Fisher. Planning Board members present were Bill Ramsey, Chairman, Gary Tondorf-Dick, Judy Sneath, Sarah Corey and Walter Sullivan. The Applicants, Stephen Johnson and Alyson Gregory, were in attendance.
BACKGROUND and DISCUSSION
The premises consists of approximately 3,920 SF of land, which supports a historic structure (circa 1805), including two storefronts. The Applicant is seeking to locate a juice shop in a tenant space formerly occupied by a gift shop.
Stephen Johnson described the business as a New York or California style juice bar. Lido Juice opened its first shop in Cohasset in 2012 and now seeks to open a second location in downtown Hingham. All renovations will be interior, with the possible exception of seasonal outdoor patio seating for customers in an area of existing hardscaping on the property. The Applicant said that signage will comply with the requirements of Section V-B. The Applicant also indicated that he would work with the Building and Health Departments to make sure that the interior fit out and operations comply with applicable code requirements. The Boards and Applicant discussed expected business hours and trash removal.
After discussion, the Planning Board voted to waive Site Plan Review in association with the Special Permit A2 for the proposed use. In issuing its parking determination, the Planning Board found that the juice bar will have the same demand on parking in the area as the former gift shop as long as no more than 15 seats are provided for the proposed use. Board of Appeals members benefited from hearing the Planning Board’s comments on the parking issues and its final determination on the Special Permit A3 Parking Determination and waiver of the Site Plan Review requirement.
Based on the information submitted and presented during the hearing, the Board made the following findings:
a. The proposed use will be in harmony with the general purpose and intent of the Zoning By-Law, for the following reasons:
The sit-down/take-out restaurant use is allowed by Special Permit within the Business A. The proposed use is also consistent with the objectives of the Downtown Hingham Overlay District, which include provisions for ground floor/walk-in businesses and reuse of existing, historic structures.
b. The proposed use complies with the purposes and standards of the relevant specific sections of this By-Law, for the following reasons:
No alteration to the footprint of the existing building is proposed. The Planning Board determined that the parking demands for the juice bar would be similar to those of the former gift shop, thereby meeting the requirements of Section V-A of the Zoning By-Law. The Planning Board also voted to waive its Site Plan Review Requirements as all proposed work is interior to the existing building.
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 Property is an appropriate location for the proposed sit-down/take-out restaurant. The footprint of the existing building will not be altered in connection with the proposed use.
d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons:
The proposed use will not create adverse impacts as the existing footprint of the building is not to be altered in any way and the Planning Board determined that the downtown area provides adequate parking for the proposed use. The juice bar will complement other uses in the area.
e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:
There will be no nuisance or serious injury to vehicles or pedestrians.
f. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use, for the following reasons:
The building has adequate facilities for the operation of the existing uses within the building. The proposed location of the juice bar is subject to further review and approval by the Board of Health and Building Department.
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:
All alterations for the juice bar will be contained within the interior portions of the existing building; therefore this criterion is not applicable.
RULINGS AND DECISION
Based upon the findings set forth above, the Board of Appeals voted unanimously to GRANT the a Special Permit A2 to allow for the location of a sit-down/take-out restaurant, Lido Juice, at 60 South Street subject to the following conditions:
- The use will be operated in accordance with the plans submitted with the application and the representations made at the public hearing.
- The hours of operation shall be limited such that the business shall not open earlier than 6:00 a.m. nor remain open later than 8:00 p.m.
- The dumpster and/or refuse removal shall take place after 7:00 a.m. and before 12:00 p.m.
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 W. Freeman, Chairman
April 4, 2014