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TOWN OF HINGHAM
BOARD OF APPEALS
Applicant: Kate’s Table LLC
Property Owner: 99 South Street LLC
16B North Street, Hingham, MA 02043
Premises: 99 South Street
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds Book 34636, Pages 159-164
Land Court Certificate of Title No. 110616, Book 2230, Page 190
SUMMARY OF PROCEEDINGS:
This matter came before the Board of Appeals on the application of Kate’s Table LLC (petitioner) (the “Applicants”) for a Special Permit A2 under §III-A, 4.9B 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 operate a commercial catering kitchen and retail take-out service event planning business in a portion of the building at 99 South Street (the “Property”), in Business District A.
The Board of Appeals and Planning Board heard the application at a duly advertised and noticed joint public hearing on April 8, 2013 at the Town Hall before a panel consisting of regular members Joseph W. Freeman, acting Chairman, and W. Tod McGrath and associate member David Anderson. Planning Board members present were Judy Sneath, Chairman, William Ramsey, Sarah Corey and Paul Healey. The Applicant was represented by Property Owner Robert Shepard and Kate Driscoll Papaleoni, Chef and Owner of Kate’s Table LLC
BACKGROUND:
The Applicants are leasing out approximately 905sq.ft. of space in the building, using 705sq.ft. for a commercial catering kitchen and 200sq.ft. for take-out/retail service and event planning. No sit-down tables or chairs are proposed. The Applicants are not proposing any changes to the footprint of the building, existing driveways or parking. Most of their deliveries are done in vans or small box type trucks and the Applicants are proposing to use the existing loading dock located to the rear of the building.
According to the Applicant’s business plan initial staffing plans will include 4 full-time employees (including the 2 managers) and 3 part-time employees for the daily operations. Catering employees are on an as needed basis and typically are only required onsite at the event location, not at this location. Hours of operation are proposed to be 10:30am to 7:00pm five (5)
days a week to start, Tuesday through Saturday. The owners may work on Sundays, but the retail aspect of the business would not be open to the public.
With the application the Applicants submitted the following:
- Unstamped Proposed Floor Plan dated January 14, 2013 prepared by Alan Kearney architect (1 page)
- ALTA/ASCM Land Title Survey of 85-99 South Street dated May 7, 2012 prepared and stamped by Edward T. Eisenhaure
On April 2, 2013 the Applicant’s submitted a copy of their Business Plan for the record.
Under the terms of the Hingham Zoning By-Law §III-A, 4.9B a take-out restaurant requires an A2 use permit acted on by the Zoning Board of Appeals with Site Plan Review under §I-G and §I-I by the Planning Board. After reviewing the criteria, the Planning Board voted to grant Site Plan Approval, the decision of which is attached hereto and incorporated as Exhibit A.
FINDINGS AND DECISION:
Based on the information submitted and received at the hearing, and on other information available to the Board, the Board made the following findings:
- The operation of a commercial catering kitchen and retail take-out service event planning business in a portion of the building is in harmony with the general purposes and intent of the Zoning By-Law
- The proposed use complies with the applicable purposes and standards of the Zoning By-Law
- The Property is an appropriate location for the operation of a commercial catering kitchen and retail take-out service event planning business in a portion of the building and is consistent with the neighborhood/shopping center environment
- The potential adverse impacts will be adequately mitigated, specifically relating to the exterior lights shutting off at 10:00pm and the pick-up of the dumpster not allowed before 7:00am or after 9:00pm
- The proposed use will not create a nuisance or serious hazard to vehicles or pedestrians, minimal traffic is expected and present on-site parking exceeds requirements
- Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use; proper permits will be obtained from the Board of Health
Therefore the Board of Appeals voted unanimously to GRANT the requested Special Permit A2 to operate a commercial catering kitchen and retail take-out service event planning business in a portion of the building at 99 South Street subject to the following conditions:
- The decision of the Planning Board entitled “Notice of Decision, Site Plan Review in Association with a Special Permit A2” dated May 6, 2013 is attached hereto and incorporated as Exhibit “A”. In accordance with the provisions of the Hingham Zoning By-Law the conditions imposed in the Planning Board decision are binding conditions to this decision of the Zoning Board of Appeals.
- The commercial catering kitchen and retail take-out service event planning business shall be constructed and operated in accordance with the plans submitted and representations made at the public hearing.
This Decision shall not become effective until (i) the Town Clerk as certified on a copy of this decision that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that if such an appeal has been filed, that it has been dismissed or denied, and that (ii): a copy thereof has been duly recorded in the Plymouth County Registry of Deeds and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner’s certificate of title.
For the Board of Appeals,
_____________________
Joseph W. Freeman
June 6, 2013
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