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NOTICE OF DECISION
Special Permit A3

IN THE MATTER OF: Certified Mail#7014 2120 0003 3809 9560

Applicant: Sean McCarthy
Hingham Yoga LLC
12 Brush Hill Road
Milton, MA 02186

Premises: 50 South Street, Hingham, MA 02043

Date: January 24, 2017

Summary of Proceedings:
At a duly noticed hearing on November 21, 2016 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 hearings on December 12, 2016, December 19, 2016 and January 23, 2017. Sean McCarthy was not present on November 21, 2016, but was present at all the subsequent hearings presenting the details of the application.

Description of Project:
The applicant proposes to occupy 1,800 square feet of former office space, which as 5 spaces/1000 s.f.= 9 parking spaces allocated to this use. The new Health Club use will use 300 s.f as storage, 500 s.f. as lobby, and 1000 s.f for the Yoga programming. The applicant estimates maximum capacity at 35-40 yoga mats, and the hours of operation are 6 am – 9 pm. The specific estimated class sizes vary.

The Board discussed that there have been several other off peak uses permitted in the downtown area (health clubs), and they review each project as to the availability of parking for the project, as well as the existing uses. The Board asked the applicant to compile a parking table to identify the existing uses in the building. The Board then reviewed the tenancy, as well as the existing hours of operation for the uses to determine if there was truly parking available to meet the projected demands of this Health Club. The Board felt that there was parking available, but had concerns about the quantity of spaces available during the business day and Saturday afternoon and evenings. The Board did feel that since the previous tenant had 9 parking spaces allocated to their use that it was reasonable to find that class sizes of 9 during the business day could be supported by existing parking. After extensive discussion the hours of operation and class size was determined to be as follows: Monday-Thursday classes ending by 9:45 am and resuming after 5:30 pm with class size of 25. Between the hours of 9:45 am and 5:30 pm on Monday-Thursday class size is limited to 9. On Fridays classes ending by 9:45 am may have class size of 25, and from 9:45 to end of day class size is limited to 9. On Saturdays classes must end by 9:45 am with class size of 25. Sunday classes end by noon and resume at 4 pm with class size of 25.

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;
1. The Board found the parking to be sufficient to meet the minimum need and that it appears sufficient to meet the request.
2. For this use the hours of operation are: Monday–Thursday classes ending by 9:45 am and resuming after 5:30 pm with class size of 25. Between the hours of 9:45 am and 5:30 pm on Monday-Thursday class size is limited to 9. On Fridays classes ending by 9:45 am may have class size of 25, and from 9:45 to end of day class size is limited to 9. On Saturdays classes must end by 9:45 am with class size of 25. Sunday classes end by noon and resume at 4 pm with class size of 25.
3. 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.
4. The applicant can return to the Board after six months to request changes to the permit. The applicant should bring metrics for the Board at that time to demonstrate class size and existing operations.

b) Pedestrian access and circulation has been provided for;
• yes

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
• A one year lookback is required

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.
• Yes. The intent of the by-law is to support shared parking and promote businesses in the downtown district.
The Board then Moved, Seconded and So Voted to APPROVE the Special Permit A3 parking determination with waivers for 50 South Street, as presented at the hearings by Sean McCarthy, 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: Monday–Thursday classes ending by 9:45 am and resuming after 5:30 pm with class size of 25. Between the hours of 9:45 am and 5:30 pm on Monday-Thursday class size is limited to 9. On Fridays classes ending by 9:45 am may have class size of 25, and from 9:45 to end of day class size is limited to 9. On Saturdays classes must end by 9:45 am with class size of 25. Sunday classes end by noon and resume at 4 pm with class size of 25.
2. 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.
3. The applicant can return to the Board after six months to request changes to the permit. The applicant should bring metrics for the Board to review at that time to demonstrate class size and existing operations.

For the Planning Board,

_________________________
Judith S. Sneath, Chair
Hingham Planning Board

cc: Town Clerk, Building Commissioner