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NOTICE OF DECISION
Site Plan Review in Association with a Special Permit A3
Certified Mail #7014 2120 0003 3809 9416
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.
Findings and Decision
After additional discussion the Board conducted Site Plan Review in Association with the Special Permit A3 parking determination, 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;
Findings: Not Applicable for the most part. Exterior lighting must be consistent with the other building lighting.
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;
Findings:
• The handicapped access walkway and the two parking spaces along the property line must be striped.
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;
Findings:
• The site plan must be updated and have an updated parking table that shows the square foot area of the building and the associated use. This site plan must be updated to show this table and a note added that says “on-site parking is to the benefit of 28 South Street”. Site plan shall be submitted to the Planning Department prior to the issuance of a CO.
d. adequacy of open space and setbacks, including adequacy of landscaping of such areas;
Findings: Not Applicable
e. adequacy of the methods of disposal of refuse and other wastes resulting from the uses permitted on the site
Findings: Not Applicable. Trash to be removed by tenant.
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;
Findings: Not Applicable
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.
Findings: Not Applicable
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;
Findings: 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.
Findings: Not Applicable
The Board then Moved, Seconded and SO VOTED to Approve Site Plan Review in Association with the Special Permit A3 as presented in the hearings with the following conditions:
1. Exterior lighting must be consistent with the other building lighting.
2. The handicapped access walkway and the two parking spaces along the property line must be striped.
3. The site plan must be updated and have an updated parking table that shows the square foot area of the building and the associated use. This site plan must be updated to show this table and a note added that says “on-site parking is to the benefit of 28 South Street”. Site plan shall be submitted to the Planning Department prior to the issuance of a CO.
Town of Hingham Planning Board
Judith S. Sneath, Chair
Cc: Town Clerk, Building Department, Assessor
NOTARIZATION
EXECUTED this _____ day of December, 2016
Commonwealth of Massachusetts
Plymouth, ss December __, 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
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