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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant: Sarah and Matthew D’Souza, 28 Garrison Road,
Hingham, MA 02043
Property Owner: RSL Realty LLC, 25 Magnolia Road,
Sharon, MA 02067
Subject Property: 282-292 Main Street, Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds: Book 27110, Page 203
SUMMARY OF PROCEEDINGS
matter came before the Board of Appeals on the application of Sarah and
Matthew D'Souza (petitioners, the “Applicants”) for a Special Permit A2
under §III-A, 4.9A and 4.9D with Site Plan Review to be done by the
Planning Board under §I-G and §I-I along with a Special Permit A3
parking determination, with waivers if necessary, under §V-A of the
Zoning By-Law and such other relief as necessary to operate a 12 seat
sit-down/take-out cupcake bakery and cafe at 288 Main Street (the
“Property”), in Business District A.
The two boards heard the
application at a duly noticed joint public hearing held on December 13,
2010 in the Hingham Town Hall at 210 Central Street. The Board of
Appeals panel consisted of regular members Joseph W. Freeman, Chairman,
W. Tod McGrath, and Joseph M. Fisher. Members of the Planning Board
present were Chairman Paul K. Healey, Judith S. Sneath, Susan C. Murphy
and Gary Tondorf-Dick.
Mr. & Mrs. D’Souza represented
themselves. No abutters made comments either before or during the
hearing. The Applicants have met with the Town of Hingham Board of
Health Executive Health Officer to review their requirements.
Applicants plan to open a cupcake bakery and café in the space
previously occupied by an ice cream parlor and a bakeshop, each of whom
received a Special Permit from the Boards within the past two years.
Unlike the previous two businesses, the Applicants are proposing to bake
on site. In addition to cupcakes the Applicants will offer coffee and
other beverages. The Applicants are proposing no more than 12 seats, as
was previously approved for the prior two businesses. The Applicants
anticipate having anywhere from 2-4 employees and stated deliveries will
not be before 9:00 a.m. The hours of operation proposed by the
Applicant are no earlier than 9:00 a.m. to 7:00 p.m. six days a week.
Property is located in Business District A in which a retail store is a
use permitted as-of-right, while a sit-down/take-out restaurant is a
use regulated by Special Permit A2. During the course of this hearing,
both Board of Appeals and Planning Board members and the Applicants
agreed that the proposed use was very similar in nature to the previous
tenants. Therefore, as parking and traffic issues were discussed at
length during the previous hearings, the Planning Board agreed with
their previous determination that the parking requirement for 12 seats
equates to the prior “grandfathered” requirement of three spaces.
condition of the two previous Special Permit A3 decisions issued by the
Planning Board stated that the rear parking lot be striped to
accommodate 16 complying parking spaces. However, it was brought to the
Board’s attention that the rear parking lot is presently striped to
accommodate 11 parking spaces. During discussion both Boards determined
that although the rear lot is presently deficient by 5 parking spaces,
the proposed use is consistent with the previous uses and the parking
appears to be sufficient. Therefore, the Planning Board granted the
Special Permit A3 parking determination for a 12 seat sit-down/take-out
cupcake bakery, provided that the employees are required to park in the
parking area to the rear and waived the requirement that the rear
parking lot be striped for 16 parking spaces, provided however that the
number of parking spaces shall be reviewed if there are changes in the
use or intensity in the Center.
Under the terms of the Hingham
Zoning By-Law §III-A, 4.9 A and 4.9D, a sit-down/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. Due to the
similarity of the proposed cupcake bakery and café to the previously
approved uses, and the fact that nothing of substance has changed on the
site since the first permit was issued in 2007, Planning Board members
voted to waive Site Plan Review.
Board of Appeals members
benefited from hearing the Planning Board’s comments on the parking
issues and its final determination on the site plan and Special Permit
Board of Appeals members and the Applicants discussed the
restaurant aspects of the proposal and the hours of operation. Although
the Applicants proposed a 9:00 a.m. opening, during the discussion Board
members noted that an 8:30 a.m. or later opening in the morning would
be beneficial for the adjacent businesses and residential neighbors. As
in the past decisions, the Board and the Applicants agreed that no
deliveries would be made prior to 8:30 a.m.
FINDINGS and DECISION
on the information submitted and received at the hearing, and on other
information available to the Board, the Board made the following
1. The operation of the proposed restaurant/retail use 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 restaurant/retail use.
4. The potential adverse impacts of the operation of the restaurant/retail use will be adequately mitigated.
5. The operation of the proposed restaurant/retail use will not create a nuisance or serious hazard to vehicles or pedestrians.
6. Adequate and appropriate facilities will be provided for the proper operation of the restaurant/retail use.
the Board of Appeals voted unanimously to GRANT the requested Special
Permit A2 to operate a 12 seat sit-down/take-out cupcake bakery and café
at 288 Main Street, subject to the following conditions:
1. The hours of operation shall be 8:30 a.m. to 7:00 p.m.
2. No deliveries shall be made prior to 8:30 a.m.
3. Owners and employees are required to park in the rear parking lot.
Decision shall not become effective until (i) the Town Clerk has
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.
For the Board of Appeals,
Joseph W. Freeman
January 4, 2011