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NOTICE OF DECISION
Site Plan Review in Association with a Special Permit A2
and Special Permit A3

IN THE MATTER OF: Certified #7013 3020 0002 2476 6940

Applicant: Sean McCarthy

Premises: 105 South Street
Hingham, MA 02043

Date: June 6, 2017

Summary of Proceedings:
This matter came before the Planning Board on the application of Sean McCarthy for Site Plan Review in Association with a Special Permit A2 with request for waiver of public hearing requirement and a Special Permit A3 Parking Waiver and Determination, and other such relief as necessary for the conversion of an existing 1,000 square foot retail space to a coffee & ice cream shop under Sections III-A.4.9A, I-F, I-G, I-I, and V-A of the Zoning By-law, property zoned Business A/Downtown Overlay District.


The Planning Board heard the application at a duly noticed public hearing on June 5, 2017 in the Hingham Town Hall at 210 Central Street. Members of the Planning Board present were: William Ramsey, Acting Chairman; Sarah Corey, Jennifer Gay Smith, Gary Tondorf-Dick, and Gordon Carr.

Sean McCarthy was present to represent the project to the Board. The proposal is for a coffee and ice cream shop with 15 seats in a location formerly used for retail. There is a small parking lot to the rear of the building, and the applicant provided a plan up indicating 10 spaces exist. As one space is tandem, the Board feels that there are only 9 spaces. The parking lot is not striped, but the Board indicated they expected that it would be, as no waiver was requested. The Board was concerned about pedestrian safety walking from the parking lot to the front of the building to enter the business. The Board felt that the rear access should be available to the public to prevent traffic conflicts with pedestrians in the alley accessing the driveway. The Board also felt that parking space #3 should either be incorporated into a handicapped parking space, or be used as a walkway to the rear door of the building. The Board acknowledged that the ultimate location of handicapped parking was determined by the Building Commissioner. The Board heard testimony from abutters expressing concern about increasing pedestrian safety at this location, due to the adjacency to the curve in the road and poor sightline. The concern was that the ice cream shop would attract children and pedestrians, and there is no crosswalk in the area. Another concern expressed by abutters in opposition to this project was that the parking lot was hidden and difficult to access, so the likelihood of increased on-street parking on the adjacent private way by customers of this business was suggested. The Board felt that the Applicant should discuss the possibility of posting the adjacent residential private way as no parking, but noted that that could impact the homeowners. They also noted that it was not in their purview, so they were simply requesting that the Applicant look into it. Similarly, the Board felt the applicant should talk to the Police Chief to discuss a crosswalk for this area. Ultimately, the Board defers to the Chief of Police and other boards and committees on these items, which are seen as possible mitigation of safety concerns. The Applicant did submit letters of support into the record, which the Board did consider.


Findings and Decisions:
Board members then reviewed the project in accordance with the Site Plan Review Criteria contained in Section I-I (6) as follows, making findings and identifying conditions:

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 – no physical changes to the site or outside of the building are proposed

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:
• Fire Department letter of May 23, 2017 states no comments or issues.
• Given the proximity to Forget Me Not Lane, there may be some instances where people park there and walk to this location. In addition, the sight line is limited in this location due to the curve. Possible mitigation discussed included investigating having the private way posted for “no parking” and discussing if a cross walk is indicated in this area.
• Applicant shall provide public access through rear of store, and handicapped parking shall be provided at rear of store, or space 3 shall be a walkway to the door.

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:
• There is sufficient parking available to meet the demand according to the by-law.
• According to the parking study in 2008 and a 2011 plan, the parking demand was 10 spaces and 10 were available.
• The new parking demand is 11 spaces but 9 true spaces are available. With the 25% reduction, no waiver is needed. (2 hour on-street parking exists along South Street here).
• Applicant should schedule deliveries for off-peak times. Applicant agrees deliveries shall be in vans.
• Parking spaces shall be striped.
• Applicant shall require employees to park out back in the parking lot.

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:
• Permitting from the Board of Health will be required.
• Dumpster exists on site, and applicant will use as needed. Landlord handles the emptying.

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:
• Applicant shall supply the Sewer Department a set of plans showing specific seating, as well as details on all grease traps to comply with the FOG Regulations. The Sewer Department will assess an inflow fee based on the plans.

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:
• No physical changes are proposed for the site. 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


DECISION AND VOTE:
It was Moved, Seconded and SO VOTED to APPROVE Site Plan Review in Association with a Special Permit A2 and Special Permit A3 Parking Determination for Sean McCarthy to convert 1000 square feet of retail space at 105 South Street to a coffee & ice cream shop with not more than 15 seats, as presented at the hearing and described in the application materials, with the following conditions:

1. The Applicant shall supply the Sewer Department a set of plans showing specific seating, as well as details on all grease traps to comply with the FOG Regulations. The Sewer Department will assess an inflow fee based on the plans.
2. The Applicant shall secure permitting from the Board of Health as necessary.
3. The Applicant shall engage the Police Chief and any necessary committees and boards to discuss potential crosswalks on South Street in this area and “no parking signs” on Forget Me Not Lane.
4. The Applicant shall provide public access through rear of store and handicapped parking shall be provided at rear of store, or space 3 shall be a walkway to the door.
5. Applicant shall schedule deliveries for off-peak times. Applicant agrees deliveries shall be in vans.
6. The parking spaces shall be striped.
7. The Applicant shall require employees to park out back in the parking lot.
8. The Applicant shall return for a lookback 12 months from the issuance of the Certificate of Occupancy, at which point the following will be reviewed: adequacy of parking, status of proposed mitigation, pedestrian safety from the alley to the front of the store. If there are complaints regarding parking or safety concerns, the lookback will be scheduled at that time instead of at the 12 month point.



_____________________________
William C. Ramsey
Acting Chairman, Hingham Planning Board

Cc: Town Clerk, Building Department, Assessor, Sewer Department, Police Chief, BOH, ZBA, Fire Prevention, Fire Chief