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TOWN OF HINGHAM

BOARD OF APPEALS

IN THE MATTER OF:

The Applicant is now proposing to demolish the existing restaurant building and construct a  ±2,500sq.ft. retail bank (TD Bank) with a three (3) lane (2 teller lanes and 1 ATM lane) remote drive-through facility to be located to the rear of the bank building.  The Applicant proposes to reduce the number of parking spaces to 24 (only 10 are required under the Zoning By-Law) and modify the 1989 Special Permit so as to eliminate the requirement for shared parking.  Access to the Property will continue to be provided by way of the two (2) driveways that serve the site. Additional one-way access is afforded to the Property from Pond Street (Route 228) through the adjacent property at 6 Whiting Street.

As depicted in the project plans submitted with the application dated May, 31, 2012 and revised through October 19, 2012 (prepared by Bohler Engineering and consisting of 14 (fourteen) sheets), the building will meet all the applicable dimensional requirements of Section IV-A of the Zoning By-Law.  The Applicant also submitted building architectural plans revised through May 21, 2012 prepared by Bergmeyer Associates, Inc.

As part of the record, the Applicant submitted a Traffic Impact and Access Study prepared by Greenman-Pedersen, Inc., dated July 12, 2012, along with a Response to Comments amendment to the Traffic Impact and Access Study dated October 5, 2012, also prepared by Greenman-Pedersen, Inc.  The Applicant also submitted a Stormwater Drainage Report prepared by Bohler Engineering, stamped by William D. Goebel, RPE dated May 22, 2012, and subsequently revised through September 27, 2012.

DISCUSSION:

As part of the joint hearing process, and in accordance with Section I-G and I-I of the Zoning By-Law, the Hingham Planning Board conducted Site Plan Review in connection with the application for a Major Amendment to the Mixed-Use Special Permit.  Of particular concern to members of the Board of Appeals and Planning Board was the on-site circulation relative to pedestrian and vehicular safety, as well as the access driveways.  Mr. Jeffrey Dirk of Vanasse & Associates, Inc.  suggested revisions aimed at improving the safety and ease of on-site traffic and circulation and, based on discussions, the Applicant revised the Site Plan to include the following:  the west driveway will be reduced in width from 23’ (twenty-three feet) to 16’ (sixteen feet) and will serve as a one-way entrance to the Property; the east driveway, which serves as a common drive for both the Property and the adjacent property at 6 Whiting Street, will be widened slightly from 22’ (twenty-two feet) to 24’ (twenty-four feet), and will continue to accommodate two-way access to both properties.  The Applicant also removed 3 (three) parking spaces closest to Whiting Street, which will reduce backing maneuvers along the shared access drive, thereby reducing conflict with motorists entering and exiting the site. 

The Board of Appeals and the Applicant discussed the request for modification to the Special Permit dated January 27, 1989 to eliminate the requirement for shared parking with the adjacent property at 6 Whiting Street, which is currently a Chili’s restaurant.  The Applicant represented that the two lots have co-existed for decades without incident, and that the current restaurant use at 6 Whiting Street exceeds the parking requirement by 11 parking spaces.  Therefore, the Board determined that the request to eliminate the requirement for shared parking based on the new use at 12 Whiting Street was reasonable.

FINDINGS:

Based on the information submitted and received at the hearings, and on other information

available to the Board, the Board made the following findings:

1. The operation of the proposed bank with a drive-up teller and ATM is in harmony with the general purposes and intent of the Zoning By-Law.

2. The proposed use complies with the applicable purposes and standards of the Zoning By-Law.

3. The Property is an appropriate location for the operation of the proposed bank with a drive-up teller and ATM use.

4. The potential adverse impacts of the operation of the bank with a drive-up teller and ATM use will be adequately mitigated.

5. The operation of the proposed bank with a drive-up teller and ATM will not create a nuisance or serious hazard to vehicles or pedestrians and will be adequately mitigated.

6. Adequate and appropriate facilities will be provided for the proper operation of the bank with a drive-up teller and ATM use.

7.  The construction and use of the proposed bank with a drive-up teller and ATM meets accepted design standards and criteria for the functional design of facilities, structures, storm water management, and site construction.

The Board of Appeals finds that the proposed bank with a drive-up teller and ATM is consistent with the criteria set forth under §III-A, 4.11A of the Zoning By-Law and retains the general protections concerning the health, safety and welfare of prospective occupants, neighbors and the Town generally, and is in harmony with the general purpose and intent of the Zoning By-Law.

DECISION:

At the conclusion of the public hearings the Board of Appeals voted to GRANT the Special Permit A2 under §III-A, 4.11A of the Zoning By-Law to construct a ±2,500sq.ft. retail bank (TD Bank) with a drive-up teller and ATM at 12 Whiting Street as well as a modification to the Special Permit dated January 27, 1989 to eliminate the requirement for shared parking with the adjacent property at 6 Whiting Street, subject to the following conditions:

1. Bank with a drive-up teller and ATM to be constructed in substantial accordance with the plans presented and the representations made at the public hearing; and

1. The decision of the Planning Board entitled “Notice of Decision, Site Plan Review in Association with a Special Permit A2 and Special Permit A3 (Parking Determination)” dated November 16, 2012 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.

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,

_____________________

                                                                                    W. Tod McGrath

                                                                                    December 5, 2012

The Planning Board and Zoning Board of Appeals heard the application jointly at a duly advertised and noticed joint hearing on July 23, 2012 at 7:30 PM and continued on October 22, 2012 at 8:00 PM in the Hingham Town Hall at 210 Central Street.  Members of the Planning Board present were: Judy Sneath, Chairman; William Ramsey, Clerk; Sarah Corey, and Alternate Jim Costello.  The Board of Appeals panel consisted of its members: Joseph Fisher, Chairman; Tod McGrath, Clerk; and Joseph Freeman.

D’Angelo, Inc., (Applicant) was represented by Attorney Robert Devin and Bohler Engineering.  Peer review consultants for the Planning Board were Jeffrey Dirk, Vanasse & Associates, John Chessia, Chessia Consulting Services LLC.

Project Description and Findings

The Applicant proposes to demolish the existing D’Angelo’s subshop at Queen Anne Corner and replace it with a 2,500 s.f. TD Bank. In association with the construction of the new building the on-site circulation will be reconfigured to accommodate safe traffic flow for a drive-through teller facility, which will be located to the rear (south) of the building. A new, one-way driveway entrance will be added on the northwestern side of the building, and the existing two-way entrance between 6 and 12 Whiting Street will be reconstructed.

Currently, the D’Angelo’s has 53 parking spaces, 16 of which are required by the existing Special Permit to serve as “shared” parking with the Chili’s at 6 Whiting Street, which has the same owner. The Applicant proposes to reduce the number of parking spaces to 24 (only 10 are required) and modify the Special Permit so as to eliminate the requirement for shared parking.  Because the Zoning Board of Appeals was the permitting authority at the time of the decision on the shared parking, it will act upon the request to eliminate the requirement. A landscape plan has been submitted showing the parking lot and foundation plantings. 

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 complies with all use and intensity regulations, and will not result in adverse impacts on abutting properties.

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;

The Board focused discussion on the safety and convenience of on-site traffic and circulation. The Project application included a Traffic Study prepared by Greenman-Pedersen, Inc., which summarized the project's potential on and off-site traffic impacts. The Board's consulting engineer, Jeffrey S. Dirk of Vanasse and Associates, Inc. (VAI) reviewed this study and is in agreement with the information presented therein and the overall conclusion that sufficient capacity is afforded on the transportation infrastructure serving the project site to accommodate the proposed retail bank (TD Bank) with a drive-up teller and ATM.

The Applicant has removed three (3) parking spaces that were the most proximate to Whiting Street.  This modification reduces backing maneuvers along the shared access drive that were in conflict with motorists entering and exiting the driveway directly adjacent to Whiting Street.  Associated with the new construction on-site circulation will be reconfigured to accommodate safe traffic flow for the drive-through teller, which will be located to the rear of the building. A new, one-way entrance will be added on the northwestern side of the building, and the existing two-way entrance between 6 and 12 Whiting Street will be reconstructed.

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;

In accordance with the Off-Street Parking requirements set forth in Section V-A of the Zoning By-law, the project requires 10 parking spaces; 24 spaces will be provided.  The Applicant is seeking relief from the Off-Street Parking requirements to allow for a reduction in the width of the southernmost parking aisle from 16’ (required)  to 12’.

Currently, the De Angelo’s has 53 parking spaces, 16 of which are required by the existing Special Permit to serve as “shared” parking with the Chili’s at 6 Whiting Street, which has the same owner. The Applicant proposes to reduce the number of parking spaces to 24 and modify the Special Permit so as to eliminate the requirement for shared parking.

d.      adequacy of open space and setbacks, including adequacy of landscaping of such areas;

The Board approved of the proposed landscaping shown on the above referenced plan. 

e.   adequacy of the methods of disposal of refuse and other wastes resulting from the uses permitted on the site;

Refuse will be removed from site.  Applicant may come before the Planning Board at a later date, for a Minor Modification requesting to construct a 4' x 4' enclosure to be used as a trash receptacle area.

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;

The Board concurred that, as proposed, the redevelopment will not result in additional demands on Town resources.

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.

The application included a detailed Stormwater Management Report prepared by Bohler Engineering. This report, along with the complete Site Plans have been reviewed by John Chessia, the Board's consulting engineer,  for compliance with Town regulations and engineering standards.  In summary, the project will result in a decrease in impervious surface, and a reduction in the amount of surface water draining into Whiting Street.  The majority of site drainage will run to a new infiltration basin located on the southern end of the site, with much smaller areas draining onto adjacent woods and wetland, and onto a grassed spillway onto Whiting Street. The stormwater drainage system in Whiting Street is tributary to Accord Brook, which is a Surface Water Supply. As such, any stormwater drainage entering the Whiting Street storm drainage system will need to take Surface Water supply setbacks into account when designing the new Sewage Disposal System, which will be reviewed and permitted by the Board of Health.  

The approved plan indicates the proposed snow storage areas for the redevelopment project.  Storage space is limited, and a note requiring removal of snow from the site if there is snow in excess of the available space, is also, indicated on the plans.

The project was approved by the Hingham Conservation Commission for potential impacts on abutting wetlands on July 16, 2012.

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;

As shown on the above referenced plans.

i.   minimizing unreasonable departure from the character and scale of buildings in the vicinity or as previously existing on or approved for the site.

The Board approved of the building elevations as shown on the above referenced plan.

DECISION AND VOTE

It was moved, seconded and SO VOTED to approve the Special Permit A3 in accordance with Section V-A Off-Street Parking Regulations of the Town of Hingham Zoning By-Law.  The Applicant will have twenty-four (24) spaces using six (6) for employees (only 10 spaces are required).

It was moved, seconded and SO VOTED to grant site plan approval for the Application and the above referenced plans for the 2,500 s.f. retail bank (TD Bank) with a drive-up teller and ATM at 12 Whiting Street, in Business District B; incorporating the recommendations of John Chessia, Chessia Consulting Services LLC engineering review dated October 1, 2012 and Jeff Dirk, Vanasse & Associates, Inc., Traffic Engineering review dated October 22, 2012.

_____________________________

Judith S. Sneath

Chairman, Hingham Planning Board

November 19, 2012