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NOTICE OF DECISION
Site Plan Approval for The Learning Experience
Applicant: MDC Properties – Abington Street LLC
Frank Polak
286 Commonwealth Ave, Apt. 5
Boston, MA 02115

Project Site: 73 Abington Street

PROCEEDINGS
On May 4, 2017, MDC Properties – Abington Street LLC (the “Applicant”) filed an application (“Application”) for Site Plan Review under Sections I-H and III-B.8 of the Hingham Zoning By-Law, subject to and with the benefit of the provisions of Massachusetts General Laws (MGL) Chapter 40A, Section 3 commonly known as the “Dover Amendment.”
The proposed project included the development of a 10,000 square foot daycare facility on ~11.12 acres of land, submitted by MDC Properties-Abington Street LLC, for land known as 73 Abington Street, zoned Industrial Park/South Hingham Overlay District.
A public hearing of the Planning Board was noticed and opened on May 15, 2017, and closed on June 12, 2017. The Applicant was represented by: Frank Polak, Applicant; Gabe Crocker and John Morgan, CHA; and, Attorneys Jeffrey Tocchio and Adam Brodsky of Drohan, Tocchio and Morgan, P.C. The May 15th Planning Board hearing was conducted by Jennifer M. Gay Smith, William Ramsey, Sarah Corey, and Gordon Carr. The June 12th hearing was conducted by Jennifer M. Gay Smith, Gordon Carr, Gary Tondorf-Dick and William Ramsey. Mr. Tondorf-Dick noted for the record that he completed a Mullins Affidavit after reviewing the record of the May 15th hearing and felt prepared to participate. The Planning Board also consulted with Paul Brogna, P.E. of Seacoast Engineering (civil engineering), who acted as a consultant to the Planning Board pursuant to Section I-I (2) of the Zoning By-Law. The Hingham Police Chief also attended the May 15th hearing and provided comments for the record.
STANDARD OF REVIEW
The Planning Board took into account the standards of review set forth under the Dover Amendment and related case law. The Dover Amendment provides in part: “No zoning ordinance or bylaw in any city or town shall prohibit, or require a special permit for, the use of land or structures, or the expansion of existing structures, for the primary, accessory or incidental purpose of operating a child care facility; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. As used in this paragraph, the term ''child care facility'' shall mean a child care center or a school-aged child care program, as defined in section 1A of chapter 15D.”
BACKGROUND AND DISCUSSION
The Project site is 11.12 acres of land located at 73 Abington Street. proposed project is a ~10,000 square foot daycare facility for The Learning Experience which includes an enclosed play area at the rear of the building. The project includes 50 parking spaces and the required handicapped parking spaces adjacent to the front door. The on-site circulation will be one way only, with a stop bar in front of the building entrance to further slow vehicular movement within the parking lot. The Board reviewed the sight lines for vehicles exiting the facility to ensure it was sufficient and would remain adequate. The Applicant agreed to maintain the sight distance in perpetuity. The Applicant is also installing a light fixture on the utility pole at the driveway entrance to further improve visibility and safety. The Board reviewed the Operation & Maintenance Plan, and the Applicant will have the responsibility for maintaining all structures. The landscape treatment was reviewed by the Conservation Commission due to the proximity to the resource areas and the proposed rain garden. Much of the existing site will remain vegetated after construction. The utilities will be extended in Abington Street and reach the building via the access drive. Additional permits are required for the proposed work in the public way, and the applicant will secure those prior to the start of work. The Project has been designed in accordance with the Stormwater Management Standards.

The Planning Board received comments and input from public safety officials, town staff and the peer review engineer. There were no abutter comments or concerns voiced during the hearings. At the completion of the second hearing, there were no further questions. The Board’s findings and conditions discussed below.
FINDINGS
Upon closing of the hearing, the Planning Board made the following findings:
A. The application involves the use of land at 73 Abington Street to construct a ~ 10,000 square foot day care facility called The Learning Experience for childcare purposes.
B. The Applicant has stated that the primary use of the building will be for a daycare, and there will be no special events (graduations, concerts, etc.).
C. The project complies with all requirements of the Hingham Zoning By-law and satisfied site plan criteria except:
(1) Parking: 50 parking spaces are proposed for this ~10,000 square foot daycare facility which equates to the retail/service parking ration of 5/1000 s.f. The parking lot will have one way internal circulation and there is no drop off at the door of the facility. The customers must park and walk their children into the building. The aisle widths are 24’ internal to the site, and the access driveway is 20’ wide with 12” cape cod berms and 2’ of gravel on each side, totaling 26’. The sight distance exceeds 360’ in either direction exiting the facility, but ongoing clearing will be needed to maintain the sight distance.
(2) Sufficiency of setback buffers. The Landscaping Plan was reviewed as submitted and is comprehensive. The site is very large and there is adequate screening provided for this facility. There are no abutters in the near vicinity.
(3) Drainage. Revised plans have been provided, and they were revised to satisfy comments from the staff and peer review engineer regarding different aspects of the design. The drainage system satisfies all requirements, and a long term Operations and Maintenance plan has been submitted, revised to 6/12/17.
(4) Bulk of structures: The structures will comply with zoning requirements with respect to height and setbacks. There were no other buildings previously approved for this site, and, the site is in excess of 11 acres in size and mostly vegetated. After development the building site will still retain a great deal of existing vegetation, and an extensive landscape plan has been submitted.
VOTE AND CONDITIONS
Pursuant to the applicable provisions of Massachusetts law and the Hingham Zoning By-Law, including the specific requirements of the Dover Amendment under Massachusetts General Laws 40A, Section 3, Site Plan Approval is hereby granted to the project at 73 Abington Street shown on plans entitled “Site Design & Permitting for a new Proposed Day Care Facility” prepared by CHA, prepared for MDC Properties- Abington Street, LLC, dated 11/16/16, and revised to 6/12/17; Stopping Sight Distance Plan dated 6/12/17, sheet SSD-1, prepared by CHA for MDC Properties- Abington Street, LLC; The “Long Term Stormwater Pollution Prevention and Operation & Maintenance Plan dated 6/6/2017, revised to 6/12/17”; the “Daily Operational Arrival” schedule, and the “Mitigation Landscape Plan”, prepared by CHA, dated 2/15/17, sheet L-1, Prepared for 73 Abington Street, incorporated herein by reference, except as modified by, and subject to, the following conditions:

1. Drainage: Applicant shall secure all other local and state permits.
2. Parking and Traffic: The “Daily Operational Arrival” schedule shall be incorporated into the decision as Exhibit A, and shall be adhered to.
3. Parking and Traffic: Applicant shall not hold special events (ie. graduations, concerts, holiday events).
4. Parking and Traffic: Property owner is required to maintain clear sight lines in perpetuity.
5. Parking and Traffic: Applicant shall work with the Town Engineer, DPW and Police Chief with regard to signage along Abington Street as proposed and approved herewith.
6. As-Built Plans: Applicant shall provide a full copy of as-built plans (hardcopy and electronic) to Dept. of Community Planning.
7. Lighting: On site lighting shall be full cut-off fixtures and dark sky compliant.
8. Lighting: On site parking lighting shall be limited when the facility is not in use. Only as many lights as needed for security purposes shall be on after 9 pm and on weekends.
9. Project Construction and Inspections: Applicant shall have a pre-construction meeting with the Director of Community Planning, Conservation Agent, Police Chief and Town Engineer/DPW prior to commencing construction. Erosion controls will be inspected prior to the start of work. Applicant shall provide a project schedule to the Director of Community Planning, Conservation Agent, Building Commissioner and the Town Engineer at that time. The Applicant shall keep Abington Street clear from mud and debris at all times.
10. Project Construction and Inspections: Applicant shall coordinate with the Chief of Police prior to start of work to discuss road closures or police details; Police details may be required at the discretion of the Police Chief.


_____________________________
Jennifer M. Gay Smith
Chairman, Hingham Planning Board

cc: Town Clerk, Selectman, Building, Conservation, DPW, Sewer, Assessors, Board of Health, P. Broga/Seacoast, J. Tocchio DTM, P. Golding DTM, Aquarion
NOTARIZATION

EXECUTED this ____ day of June, 2017

COMMONWEALTH OF MASSACHUSETTS
Plymouth, ss June _____, 2017

Then personally appeared Jennifer M. Gay Smith, Chairman of the Hingham Planning Board, and acknowledged the foregoing to be the free act and deed of said Board.

______________________________
Dolores A. DeLisle, Notary Public My Commission Expires: ______________


Exhibit A
The Learning Experience: Daily Operational Arrival
[see attached]


THE LEARNING EXPERIENCE

Daily Operational Arrival
With licensing approval anticipated between 165 and 170 students,
Parents are assigned arrival times every 15 minutes between 6:00 and 9:00 AM.
6:00 to 6:15 AM 12 students escorted into building
6:15 to 6:30 AM 12 students
6:30 to 6:45 AM 12 students
6:45 to 7:00 AM 12 students
-------------------------------- 48 students per hour
7:00 to 8:00 AM 48 students
8:00 to 9:00 AM 48 students
9:00 to 12:00 PM 1.2 time students 26 students
--------------------------------- 170 students total
(Average absenteeism5%=8 students)