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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant: Robert Gonsalves
153 Summer Street
Hingham, MA 02043
Property Owner: Hingham Square LLC
c/o The Grossman Companies Inc.
1266 Furnace Brook Parkway
Quincy, MA 01269
Subject Property: 19 a.k.a. 21 Main Street
Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds: Book 23778, Page 207
SUMMARY OF PROCEEDINGS:
This
matter came before the Board of Appeals on the application of Robert
Gonsalves (lessee) (the “Applicant”) and Hingham Square LLC (owner) for a
Special Permit A2 under §III-A, 4.9A and 4.9D of the Zoning By-Law and
such other relief as necessary to operate a 15 seat sit-down/take-out
restaurant ancillary to the retail gourmet shop in a portion of the
Pride Building at 19 a.k.a. 21 Main Street (the “Property”), in Business
District A. 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. The Applicant also sought a Special Permit
A3 parking determination, with waivers if necessary, under §V-A, also
relief that is acted on by the Planning Board under the By-Law.
The
two boards heard the application at a duly advertised and noticed joint
public hearing on Thursday, January 21, 2010 at the Hingham Town Hall
at 210 Central Street. The Board of Appeals panel consisted of its
regular members: Joseph M. Fisher, Chairman, and W. Tod McGrath along
with associate member Mario Romania, Jr. Planning Board members present
were Paul Healey, Susan Murphy, Judy Sneath, Gary Tondorf-Dick and Sarah
Corey.
BACKGROUND:
The 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.
The Applicant’s proposed space is approximately 1,072sq.ft. located at
the end of the Pride Building. The previous tenant was a clothing
retailer. The Applicant proposes to open a retail cheese shop offering
gourmet items as his primary use, but plans to include 15 interior seats
ancillary to the retail shop.
DISCUSSION:
During the course
of the hearing, the Applicant explained that he primarily plans to
engage in the retail sale of artisan cheeses and other gourmet type of
items on a to-go basis. However, the Applicant stated that he felt in
order to make the business successful and as a convenience to customers
he would like to offer interior seating as he will also offer
sandwiches. There is no plan for wait staff and all plates and utensils
will be plastic.
No changes are being made to the exterior of
the building; there is a back door with a small loading area provided,
along with a common dumpster used by the tenants of the Pride Building
that is emptied regularly. The Applicant explained that deliveries will
be made occasionally via smaller UPS type of trucks. According to the
Applicant’s lease the basement area can be used for storage only. The
hours of operation proposed by the Applicant were no earlier than 11:00
a.m. with a closing time of 7:00 p.m. The Applicant also state they
would more than likely be closed on Sundays.
In accordance with
Section I-G and I-I of the Zoning By-Law, the Planning Board reviewed
the Applicant’s proposal and determined that the proposed work was
limited to interior renovations and did not materially or adversely
affect conditions governed by the Site Plan Review standards set forth
in Section I-I 6. Therefore the Planning Board voted to waive the
requirement for Site Plan Review in association with the Special Permit
A2.
The Planning Board did however discuss with the Applicant
the proposed use and the effect it has on the off-street parking
requirements set forth in the Zoning By-Law. Because the Applicant’s
lease includes two dedicated parking spaces behind the Pride Building,
and is grandfathered with two additional spaces from the previous retail
use (for a total of four spaces), the Applicant complies with the
requirements set forth in the off-street parking requirements of Section
V of the Zoning By-Law. Therefore the Planning Board determined that a
Special Permit A3 was not required.
Board of Appeals members
benefited from hearing the Planning Board’s comments regarding the
Special Permit A3 parking determination and its final determination on
the waiver of Site Plan Approval.
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:
1. The operation of the proposed retail/restaurant 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 retail/restaurant use.
4. The potential adverse impacts of the operation of the retail/restaurant use will be adequately mitigated.
5. The operation of the proposed retail/restaurant 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 retail/restaurant use.
Therefore
the Board of Appeals voted unanimously to GRANT the requested Special
Permit A2 to operate a 15 seat sit-down/take-out restaurant ancillary to
the retail gourmet shop in a portion of the Pride Building at 19 a.k.a.
21 Main Street in Business District A.
This 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,
________________________
W. Tod McGrath
March 1, 2010
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