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NOTICE OF DECISION
Site Plan Review in Association with a Special Permit A2


Applicant: John Paul Comella Certified Mail #7014 2120 0003 3809 8846

211 Hingham LLC DBA Comella’s

Premises: 207-211 Lincoln Street
Hingham, MA 02043

Date: June 28, 2016

Re: Site Plan Review in Association with a Special Permit A2, with request for partial waiver of submittal requirements, for approval of outdoor seating patio for 50 additional restaurant seats, where 50 were previously approved

Summary of Proceedings
At a duly noticed public hearing at the meeting of June 27, 2016 Planning Board members Judith Sneath, Chair, Sarah Corey, Gary Tondorf-Dick, and Jennifer Gay Smith heard the application of 211 Hingham LLC DBA Comella’s for Site Plan Review under § I-G and § I-I with a request for partial waiver of submittal requirements for the approval of the construction of an outdoor seating patio at 207 Lincoln Street, property zoned Business B. The Applicant, John Paul Comella, was present to discuss his application.

Project Description
Mr. Comella presented the project which is the proposed completion of the outdoor patio on the east side of the building. The intent is to have 50 outdoor restaurant seats, consistent with the previous approval. The patio will be accessed by patrons from inside the restaurant, and, there will be no live entertainment or waitress station outside. The patio hours would mirror the restaurant hours. Lighting will be provided by strings of lights as needed, which are expected to not shine off site. There is a great deal of lighting provided by an adjacent street light. The patio is pitched to the east and an infiltration trench parallel with the eastern property line will extend the length of the patio, and, has been designed to capture runoff. Adjacent to the infiltration trench there will be a mulch planting bed, and then the 6’ PVC fencing. The Board reviewed Sheet SP001 with regard to the fencing, infiltration trench, and landscaping. The Board discussed the 13’ access at the northeast corner that the Fire Department would like kept open for emergency access. Mr. Comella indicated there was a 4’ access gate in the patio fence on that side of the patio for access too. The Board reviewed the 2007 decision and associated conditions, and, discussed safety concerns around vehicular traffic and pedestrians in the area. The Board noted that there is now a new telephone pole installed between Lincoln Street and the patio, with some landscaping. The Board reviewed recent photographs of the site showing current conditions. There will also now be a fence enclosing the entire patio, and, the fencing along the eastern property line extends to the right of way. Otherwise the site is constructed. The Board reviewed the Parking Improvement Plan, Sheet C001, which provides an overview of the entire plaza, and, has the Development Summary on the back of the sheet. The restaurant has been open for 6 weeks now and they are looking forward to having outside seating.

Findings
After additional discussion the Board reviewed the Site Plan Review Criteria, discussed possible conditions, and made the following findings:

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 found that the proposed patio light strings are low light and will not shine off site or create a nuisance, and that no building spotlights are proposed. The music on the patio is intended to be background music, and the restaurant does not have live entertainment inside, nor plans to have live entertainment outside. The infiltration trench has been sized conservatively, and, there is a mulch planting bed next to it to also infiltrate water. An as-built certifying the infiltration trench was built per plan should be provided prior to CO. The 6’ PVC fence and arborvitae will provide screening and sound mitigation.

Conditions:
• An as-built certifying the infiltration trench was built per plan must be provided prior to CO.
• There will be no live entertainment on patio and amplified sound on patio will be consistent with the Town’s noise by-law.

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 found that no changes to the onsite parking and travel ways are proposed. Public access to patio is from the interior of the building. The Fire Chief has requested that the 13’ access be kept open and clear at all times for emergency response.

Conditions:
• The 13’ access must be kept open and clear at all times for emergency response.

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;

The Board found that the Parking Improvement Plan prepared by Highpoint, Sheet C100 quantifies shared parking spaces available for the use of the shopping center. The Development Summary indicates that there are sufficient parking spaces to meet the requirement for this use as proposed with 80 indoor seats and 50 patio seats.

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

The Board found that only minor changes are being made to the site as a whole as part of this application. Small landscape arborvitae are being planted inside the PVC fence as shown on Site Plan Exhibit SP001. Otherwise no landscaping changes are proposed.

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

The Board found that the current waste disposal process for the restaurant will be used for the patio use. There will be no additional dumpsters. If needed the frequency of pickup will be increased.

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 found that this is an expansion of an existing use to add 50 seats additional where 80 are now permitted. This was approved in 2007 but never fully implemented before the approvals expired. The Board of Health has authority and a process for outside dining that must be followed.

Conditions:
• Before patio is opened for use any paperwork or other requirements of the DPW and the Board of Health must be met, in addition to Fire, Building, etc.

g. assurance of positive storm water 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 storm water 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 Storm Water Management Policy and Standards, and Massachusetts Erosion and Sediment Control Guidelines.

The Board found that the patio has a slight pitch and there is an infiltration trench proposed to capture at a minimum 1” of runoff from the patio. In addition, the infiltration trench has been sized conservatively, and, there is a mulch planting bed next to it to also infiltrate water. An as-built certifying the infiltration trench was built per plan should be provided prior to CO. The Board also found that the patio is partially constructed and its completion will not create a significant site disturbance. Soil transport is not expected.

Conditions:
• An as-built certifying the infiltration trench was built per plan must be provided prior to CO.

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;

The Board found this not applicable.

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 found that this is the re-approval of a patio previously approved for the site, and the proposal is consistent with the previous proposal.

Decisions
The Board, having had the information necessary to review the proposal, then discussed the request for partial waiver of Site Plan Review submittal requirements. The Applicant is asking for the Board to waive the requirement for submittal of additional information beyond what has been provided (in particular, supplemental material under Section I-I.4.a, d, e, f, c, I, and j). The Board then Moved, Seconded and So Voted to waive the requirement for submittal of additional information beyond what has been provided in conjunction with Site Plan Review.

The Board then Moved, Seconded and So Voted to Approve Site Plan Review for the creation of outdoor seating area on patio to accommodate 50 additional seats, as described at the hearing and as shown on the plans titled “SITE PLAN EXHIBIT (draft), prepared for Comella’s Restaurants, 14 Mica Lane, Wellesley, MA 02481, dated November 2, 2015, revised to May 9, 2016, sheet SP001, with the following conditions:

1. An as-built certifying the infiltration trench was built per plan must be provided prior to CO.
2. There will be no live entertainment on patio and amplified sound on patio will be consistent with the Town’s noise by-law.
3. The 13’ access must be kept open and clear at all times for emergency response.
4. Before patio is opened for use any paperwork or other requirements of the DPW and the Board of Health must be met, in addition to Fire, Building, etc.



Town of Hingham Planning Board


Judith S. Sneath, Chair

Cc: Town Clerk, Building Department, ZBA, Assessor, BOH, Sewer






NOTARIZATION



EXECUTED this _____ day of July, 2016


Commonwealth of Massachusetts

Plymouth, ss July ____, 2016

Then personally appeared Judith S. Sneath, Chair of the Hingham Planning Board, and acknowledged the foregoing to be the free act and deed of said Board.


____________________________ My Commission Expires March 4, 2022
Dolores A. DeLisle, Notary Public