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NOTICE OF DECISION
Special Permit A3
IN THE MATTER OF: Certified Mail#7014 2120 0003 3809 9409
Applicant: Kristin Niemi
3 Harborview Drive
Hingham, MA 02043
Premises: 28 South Street, Hingham, MA 02043
Date: December 13, 2016
Summary of Proceedings:
At a duly noticed hearing on November 21, 2015 Judith Sneath, Sarah Corey, Gary Tondorf-Dick and Jennifer Gay Smith were present for the Planning Board. The same panel was present for the subsequent hearing on December 12, 2016. Kristin Niemi was present at both hearings presenting the details of the application.
Description of Project:
The application submitted requested approval for STUDIO ART & YOGA (Health Club) to occupy 1,000 square feet of space currently used as unfinished garage/storage area. The applicant explained that Studio Art & Yoga aims to foster community through yoga classes, yoga workshops, local art exhibits, and events promoting health and creativity in Hingham.
Ms. Niemi submitted a survey of available parking spaces along with a proposed class schedule. The Board reviewed that and also looked at a partial parking table for the property as well as a table showing other similar “off peak” uses recently approved in the downtown area. The Board is familiar with the property having just visited the site in conjunction with a separate proposal. The Board noted that the intent of the By-law was for businesses to thrive and share parking for the benefit of the downtown and community. The applicant discussed the parking availability near the project location at different times of day based on her observations over the past several weeks. The Board then discussed the specifics of the proposal. The class size will not exceed 25. The applicant reviewed the class schedule and the Board had concerns about classes that might interfere with the supper hour on Friday or Saturday, as well as retail business hours. After discussion the Board felt that classes should end by 9:45 am on Tuesday – Saturday, by noon on Sunday and by 11 am on Mondays. Classes to resume no earlier than 5:30 pm Tuesday – Thursday, and Sunday and Monday no earlier than 4 pm. There would be no afternoon and evening classes on Friday and Saturday. The Board said they would condition a lookback in one year, or earlier if there were complaints or the applicant wanted to modify the schedule. The Board stated they would need a revised site plan showing the two parking spaces against the property line, and a parking table revised to show the current uses, including a note that parking on site was to the benefit of the building. This was a condition of the associated site plan review.
The Board reviewed the approval criteria for Special Permit A3 Parking Determinations and made the following findings:
a) The parking is sufficient in quantity to meet the needs of the proposed project;
• The Board found the parking to be sufficient as long as the increased use occurs at off peak retail hours, except where the data indicates that parking is available. This proposed use is occupying a space formerly used for garage/storage and as such had no parking allocated to it. The proposal has hours that are off-peak for other users in the downtown, and, the applicant provided data on parking availability.
• For this use the hours of operation are: classes shall end by 9:45 am on Tuesday – Saturday, by noon on Sunday and by 11 am on Mondays. Classes to resume no earlier than 5:30 pm Tuesday – Thursday, and Sunday and Monday no earlier than 4 pm. There will be no afternoon and evening classes on Friday and Saturday. This is a condition of approval.
• The class size is 25. This is a condition of approval.
• A modification of this application is required to extend or change the hours of classes beyond this proposal. This is a condition of approval.
• A lookback is required one year from issuance of Certificate of Occupancy to review the parking except that if there are complaints the lookback will be sooner. This is a condition of approval.
b) Pedestrian access and circulation has been provided for;
• The property owner shall re-paint the handicapped accessible walkway to the HC entrance so that it isn’t obstructed by parked cars. This is a condition of approval.
c) New driveways have been designed to maximize sightline distances to the greatest extent possible;
• 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 and
• the parking availability survey provided by the applicant supports the proposed hours of operation.
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 intent of the by-law is to support shared parking and promote businesses in the downtown district. This waiver is consistent with that intent as it supports shared parking for expanded use.
The Board then moved, seconded and so voted to APPROVE the Special Permit A3 parking determination with materials required from the property owners, and waivers for 28 South Street - Kristin Niemi, in accordance with Section V-A Off-Street Parking Regulations of the Town of Hingham Zoning By-Law, with the following conditions:
1. For this use the hours of operation are: classes shall end by 9:45 am on Tuesday – Saturday, by noon on Sunday and by 11 am on Mondays. Classes to resume no earlier than 5:30 pm Tuesday – Thursday, and Sunday and Monday no earlier than 4 pm. There will be no afternoon and evening classes on Friday and Saturday. This is a condition of approval.
2. The class size is 25.
3. A modification of this application is required to extend or change the hours of classes beyond this proposal.
4. A lookback is required one year from issuance of Certificate of Occupancy to review the parking except that if there are complaints the lookback will be sooner.
5. The property owner shall re-paint the handicapped accessible walkway to the HC entrance so that it isn’t obstructed by parked cars.
For the Planning Board,
____________________
Judith S. Sneath, Chair Date
Hingham Planning Board
cc: Town Clerk, Building Commissioner
NOTARIZATION
EXECUTED this _____ day of December, 2016
Commonwealth of Massachusetts
Plymouth, ss December____, 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
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