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NOTICE OF DECISIONSite Plan Review in Association with a Special Permit A2 and Special Permit A3IN THE MATTER OF: Certified #7013 3020 0002 2476 7091Applicant: Ninety-Nine Restaurants Attn: Mark Feuti 14 Gill Street Woburn, MA 01801 Premises: 428 Lincoln Street Hingham, MA 02043 Date: July 12, 2017Plan References:“NINETY NINE RESTAURANTS DEFINITIVE SITE PLAN, 428 Lincoln Street, Assessors Map 46 Lot 4, Hingham, Massachusetts”, prepared by Merrill Engineers and Land Surveyors, Inc., prepared for Ninety Nine Restaurants, 14A Gill Street, Woburn, MA 01801, dated June 13, 2017, Sheets C1.1, C2.1, L1.1, and C5.1-5.5 revised to July 6, 2017, and Sheets C3.1 & C4.1 revised to July 10, 2017, and Sheets A1.5, A3.1, A3.2 prepared by Aharonian & Associates Architects, prepared for “Ninety Nine Proposed Restaurant, Lincoln & Beal Streets Hingham, MA 02043 Plymouth County”, dated June 14, 2017. Summary of Proceedings:This matter came before the Planning Board on the application of the Ninety-Nine Restaurants for a Special Permit A3 Parking Determination and/or Waivers under § V-A, along with Site Plan Review in Association with the Special Permit A2 and A3 under § I-G and § I-I, and such other relief as necessary to replace an existing 8,840 square foot restaurant with a new 5,875 square foot restaurant and complete related parking and site improvements at 428 LINCOLN STREET in the Industrial District. The application was submitted on June 15, 2017, and the Planning Board heard the application jointly with the Zoning Board of Appeals at a duly noticed public hearing on July 11, 2017 in the Hingham Town Hall at 210 Central Street. Members of the Planning Board present were Jennifer Gay Smith, Sarah Corey and Gordon Carr. Patrick Brennan, Amory Engineering, was present at the July 11, 2017 hearing as the peer review civil engineer for the Board. The Applicant team included Dana Altobello, Merrill Engineers, Mark Feuti, Jim Kiley and Tom Cattaneo, Ninety Nine Restaurants. The project site is located at 428 Lincoln Street and is developed with a restaurant and parking at this time. The building is pre-existing and non-conforming, with regard to setbacks, lot area and use. It is a flat site in general, with no storm water treatment at this time. The storm water drains into one catch basin on site, or flows overland into the adjacent intersection where there is a catch basin. The existing building is 8,840 square feet in size, and the height is 27’. The existing site has 73 parking spaces, varying in length from 14’ to 18’. The drive aisles vary from 18’to 22’ presently. The new building is proposed to be 5,875 square feet in size and the majority of the building will be 19’ in height with the vestibule at 26’ in height. The new building will meet all the setbacks and maintain the 180 seats that presently exist. The redevelopment process will allow the site to come into full compliance with the storm water standards, reduce the impervious cover by ~6,410 square feet, add infiltration of groundwater to the site, improve the landscaping and implement access and circulation improvements. The aisle widths are proposed to be 24’, and the parking spaces are all proposed to be 18’ in length, with the majority not having any overhang. The new site design will provide better maneuvering on site for customers and emergency vehicles. The structure will be more centered on the site and will conform to the Fire Safety Code. The parking facing Lincoln Street will be perpendicular instead of angled, which is a more efficient parking layout and reduces the angle that the headlights might be casting light into Lincoln Street. A wooden guardrail is also proposed between parking on Lincoln Street and Beal Street and the public ways to help screen headlight glare, as well as provide a safety feature. The guardrail has a beam that extends from 18” above grade to 27” above grade. The Board asked the applicant if they would investigate the guardrail design to determine if it was at the appropriate height to shield the majority of the headlights, or if it would be more effective as a screen if it were adjusted, or had another beam added to it. The Board noted that they did not want to compromise the safety features of the guardrail and understood that there may not be a better option. The Applicant agreed to do additional research and report back with their findings. The Board discussed the parking at length and noted that 74 spaces are being proposed where 60 are required. The applicant explained that 73 spaces exist on site now, which is significantly less than the restaurant would typically have if the parcel was not constrained the way this site is by the unique shape. The Applicant explained that with the redevelopment of the site, they are able to increase the aisle width from the existing 18-22’ width to a uniform 24’ width in keeping with the requirements of the By-law. In addition, they are able to increase the length of the parking spaces from the current 14-18’ to a uniform 18’ in length. They do need a parking waiver to allow for 18’ spaces with no overhang, as 57 of the spaces will not have an overhang, and the By-law requires spaces to be 18’ in length with overhang, or 20’ in length with no overhang. They need a parking determination regarding the provision of parking in excess of the requirement in the By-law. The Board discussed with the applicant their experience on the existing site and heard that the existing 73 spaces are very well utilized. The new spaces will be safer and more conforming to the By-law than the existing spaces. The Board noted that curb stops were needed in the parking spaces facing Beal Street to prevent vehicles from overhanging the property line. The Applicant noted they would have them installed as needed. The Board discussed that the redevelopment was an overall improvement to the site in many ways regarding compliance with the regulations (By-laws, Fire Code, Storm water Management Standards), which is why they are more supportive of the waivers that are being requested with regard to parking design standards and dimensional requirements. The Board reviewed the landscaping proposed and also discussed the parking lot design guidelines, which require parking lots to have year round landscape treatment to prevent headlight glare from affecting the public way. This project does not fully comply with the design guidelines, so a partial waiver is needed. The applicant did install more landscaping during the review process, but along Beal Street the landscaping would need to be planted in the public way, so the applicant will need to propose appropriate shrubs during the street opening permit process. The Applicant did note that they would maintain the shrubs if they were allowed to plant them. Along Lincoln Street, the Applicant said there was insufficient space to plant landscaping, as the area ranged from 2’ to less than 1’. If the applicant were to increase the landscape strip, the impact would be that the parking spaces or aisle widths would be decreased, which would reduce the safety and circulation improvements and possibly trigger another waiver. The Board asked the Applicant if they would investigate again any opportunity to install planting of some sort along part of the Lincoln Street frontage between the parking and the property line. The Applicant agreed to review the matter again, but noted that, due to the lack of sizeable planting area, road salt, etc., planting would be exposed, which makes it a difficult location to plant something that would survive and look good. The Applicant said there would be no added outdoor lighting to exceed what exists presently, and the new entrance canopy will have recessed LED lighting that will be directed downward. The Board asked if they were amenable to a requirement that the lighting be dark sky compliant, and the applicant said that is their standard. The dumpsters will be behind a wall, and the rooftop mechanicals will be shielded by the fence along the rooftop. The Board expressed concerns about snow accumulation further reducing the length of the parking stalls. The Applicant stated there is snow storage on site, and they also truck off site if they cannot store it in the bio retention areas. The Applicant agreed to a condition requiring the excess snow removal. 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;The Board found that July 11, 2017 letter from Pat Brennan indicates all open comments on drainage have been addressed, and that a street opening permit from DPW is required to complete the drainage connection upgrades. The Board also found that the lighting conditions will remain fundamentally the same as the existing conditions. Any new lighting fixtures shall be dark sky compliant.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;The Board found that:• The July 7, 2017 memo from Chief of Police supports the improved traffic flow around the building and onto/off of the site. • The driveway internal to the plaza has been moved away from 3A to reduce conflicts with traffic queue, and, is aligned with a traffic aisle in the Stop & Shop Plaza.• One curb cut on Beal Street is being eliminated, which will help to avoid driver confusion and better guide vehicles accessing or leaving the site at this busy intersection. • A new sidewalk is proposed internal to the plaza to provide pedestrian connection from Beal Street to 3A. • Applicant will work with the Town and State to complete sidewalk connections as needed in the town and state layouts.• The Fire Prevention Officer’s letter of 6/28/17 supports the proposed changes to the site design.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;The Board found that:• A Special Permit A3 waiver is needed to allow 57 parking spaces to have a length of 18’ with no overhang, where 20’ is required. This is an improvement over the current site where many parking spaces are not 18’ in length now.• Curb stops are needed for the 12 parking spaces along Beal Street to prevent vehicles overhanging the property line. • A Special Permit A3 Parking Determination is needed to allow 74 spaces where 60 are required. • There will be 74 spaces (73 exist now). Three spaces will be “to-go” service spaces, and, 3 will be handicapped. • A WB-40 Truck Turning Movement plan dated July 6, 2017, prepared by Merrill demonstrates sufficient turning radii for delivery trucks (WB-40). • The parking lot trees shall be removed by the Applicant and best efforts to preserve and replant them on site shall be made. If the trees do not survive the Applicant shall replant like species. The number of trees to be planted shall be a minimum of 16. d. adequacy of open space and setbacks, including adequacy of landscaping of such areas;The Board found that:• The landscaping is shown on the plans, and, the required trees for the parking area have been provided;• The Applicant supplemented the landscaping during the review process;• The Applicant is encouraged to discuss installing shrubs/plantings between the parking and Beal Street as possible. This is in the town layout, so, Applicant should discuss with the DPW as part of the street opening permit. • The Applicant shall investigate opportunities to add planting between Lincoln Street and the parking area to mitigate headlight glare as possible.e. adequacy of the methods of disposal of refuse and other wastes resulting from the uses permitted on the site;The Board noted that on June 20, 2017 comments from Executive Health Officer were received. They pertain to Demolition and Building Permit process. 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;The Board found that:• the HMLP requires a 10’ wide electric easement as detailed in the June 22, 2017 email from Stephen Girardi. Easement must be filed at the Registry of Deeds.• Sewer Department requirements are detailed in the July 6, 2017 email from Stephen Dempsey. • Aquarion indicated that they are satisfied in the email of June 29, 2017. • The Fire Prevention Officer’s memo of June 28, 2017 details requirements which the Applicant has confirmed compliance with.g. assurance of positive stormwater 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 stormwater 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 Stormwater Management Policy and Standards, and Massachusetts Erosion and Sediment Control Guidelines.The Board found that the storm water management design, erosion controls, and the O&M Plan have been peer reviewed and meet requirements. The impervious surface is being decreased by more than 6,000 square feet on site. In additions, the raingardens provide treatment of storm water and increase infiltration where there is none presently, so there is a net improvement in water quality on site as a result of the redevelopment.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;The Board found that this is the redevelopment of an existing site, and the new building will be ~25% smaller in size than the existing structure. The existing building is 27’ in height and the new building will be 19’ high with the entry at 26’ in height. The applicant has agreed to preserve the trees on site also.i. minimizing unreasonable departure from the character and scale of buildings in the vicinity or as previously existing on or approved for the site.The new building is similar, but smaller, than the existing structure. It is not out of scale or character.DECISION AND VOTE:It was Moved, Seconded and SO VOTED to Approve Site Plan Review in association with a Special Permit A2 and A3, as shown on plans titled “NINETY NINE RESTAURANTS DEFINITIVE SITE PLAN, 428 Lincoln Street, Assessors Map 46 Lot 4, Hingham, Massachusetts”, prepared by Merrill Engineers and Land Surveyors, Inc., prepared for Ninety Nine Restaurants, 14A Gill Street, Woburn, MA 01801, dated June 13, 2017, Sheets C1.1, C2.1, L1.1, and C5.1-5.5 revised to July 6, 2017, and Sheets C3.1 & C4.1 revised to July 10, 2017, and Sheets A1.5, A3.1, A3.2 prepared by Aharonian & Associates Architects, prepared for “Ninety Nine Proposed Restaurant, Lincoln & Beal Streets Hingham, MA 02043 Plymouth County”, dated June 14, 2017, based on the findings and subject to the following conditions:1. A street opening permit is required.2. Any new lighting fixtures shall be dark sky compliant.3. Special Permit A3 parking waivers and parking determination are required.4. The Applicant shall revise the plan to show curb stops in the 12 spaces along Beal Street.5. The parking lot trees shall be removed by the Applicant and best efforts to preserve and replant them on site shall be made. If the trees do not survive the Applicant shall replant like species. The number of trees to be planted shall be a minimum of 16. 6. The Applicant is encouraged to discuss installing shrubs/plantings between the parking and Beal Street as possible. This is in the town layout, so, Applicant should discuss with the DPW as part of the street opening permit. 7. The Applicant shall investigate opportunities to add planting between Lincoln Street and the parking area to mitigate headlight glare as possible.8. Applicant shall satisfy comments from the Executive Health Officer in the June 20, 2017 memo. 9. Applicant shall satisfy the requirements in the June 28, 2017 memo from Chris DiNapoli, Fire Prevention Officer.10. Applicant shall coordinate with Mr. Girardi at HMLP to comply with the requirements in the June 22, 2017 email regarding the electric easement. 11. A final set of plans, in hardcopy and electronic format, shall be provided to the Planning Board.12. Prior to issuance of Certificate of Occupancy an as-built plan, in electronic and hardcopy format, shall be provided to the Planning Board.13. Police details may be required at the discretion of the Chief of Police to assist in managing construction traffic entering or exiting the site, and when material is being imported/exported from the site during construction of the driveway or drainage improvements. 14. Applicant shall coordinate with Mr. Dempsey and the Sewer Department as detailed in his July 6, 2017 letter._____________________________Jennifer M. Gay SmithChairman, Hingham Planning BoardIn favor: Gay Smith, Corey, CarrOpposed: noneCc: Town Clerk; Patrick Brennan, Amory Engineers; Building Department; Assessor; ZBA; BOH; R. Fernandes; T. Molinari; S. Dempsey; R. Sylvester; S. Girardi, HMLP; Police Chief; Fire Chief; Fire Prevention; S. Olson, Aquarion, Dana Altobello, Merrill Engineers.NOTARIZATIONEXECUTED this _____ day of July, 2017Commonwealth of MassachusettsPlymouth, ss July ____, 2017Then 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.____________________________ My Commission Expires: March 4, 2022Dolores A. DeLisle, Notary Public