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NOTICE OF DECISION
Special Permit A3 (Parking Determination)
Applicant: John Paul Comella Certified Mail #7014 2120 0003 3809 8853
211 Hingham LLC DBA Comella’s
Premises: 207-211 Lincoln Street
Hingham, MA 02043
Date: June 28, 2016
Re: Special Permit A3 (Parking Determination) under V-A (2) to re-approve an
outdoor seating patio for 50 additional restaurant seats, where 50 were
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 Special Permit A3 (parking determination) under V-A (2) to re-approve an outdoor seating patio for 50 additional restaurant seats, where 50 were previously approved at 207 Lincoln Street, property zoned Business B. The Applicant, John Paul Comella, was present to discuss his application.
The Applicant is looking for the Board to find, and make the determination that the use is served by the required number of parking spaces on the contiguous parcels that comprise Anchor Plaza. (V-A.2 says parking areas for each land use shall be located on the same parcel unless appropriate relief is granted by the Planning board to permit parking on a contiguous parcel).
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 that details the parking table. The Board noted that the area identified as vacant was now in use as one of the existing gym’s had expanded into the space. The Board asked for an updated Development Summary Table for the file. The Board noted that the table had already accounted for the patio seats and there was still a surplus of parking on the site. The Board reviewed an aerial photo of the plaza which demonstrates that the plaza is comprised of several parcels, and that the restaurant is on a separate parcel from the parking.
The Board then reviewed the Special Permit A3 criteria and made the following findings:
a) The parking is sufficient in quantity to meet the needs of the proposed project;
The Board found that the Parking Plan and associated table demonstrate that sufficient parking exists on the contiguous parcels that comprise the shopping center to comply with the parking requirement in the By-law.
b) Pedestrian access and circulation has been provided for;
The Board found that there are newly improved walkways to the business, and, the remainder of the site was existing. The walkways adequately direct people to the doors.
c) New driveways have been designed to maximize sightline distances to the greatest extent possible;
The Board found this was not applicable
d) It is impractical to meet these standards and that a waiver of these regulations will not result in or worsen parking and traffic problems on-site or on the surrounding streets, or adversely affect the value of abutting lands and buildings.
The Board found that the parking lot is built and striped and is not being modified by this applicant. The parking as built is adequate.
e) The granting of relief is consistent with the intent of this By-Law and will not increase the likelihood of accident or impair access and circulation.
The Board found that granting the requested relief to permit the parking on the contiguous parcels that comprise the plaza is consistent with the intent of the By-law. This parking lot configuration is a pre-existing condition and a well-documented shared parking area.
The Board then Moved, Seconded and So Voted to Approve the Special Permit A3 for Comella’s Restaurant to permit parking on a contiguous parcel, and finding that adequate parking exists to meet the parking requirement in the By-law, with the following conditions:
1. The parking chart shall be updated.
Town of Hingham Planning Board,
Judith S. Sneath, Chairman
Cc: Town Clerk, Building Department, ZBA, Assessor, BOH, Sewer
EXECUTED this _____ day of July, 2016
Commonwealth of Massachusetts
Plymouth, ss July ____, 2016
Then personally appeared Judith S. Sneath, Chairman 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