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Board of Appeals



Applicant: Ninety-Nine Restaurants
c/o Mark Feuti
14 Gill Street
Woburn, MA 01801

Owner: Lincoln Beal LLC
400 Lincoln Street
Hingham, MA 02043

Property: 428 Lincoln Street, Hingham, MA 02043

Deed Reference: Plymouth County Registry of Deeds, Book 14636, Page 284

Plan References: 1. Site plans entitled, “Ninety-Nine Restaurants, Definitive Site Plan, 428 Lincoln Street, Assessors Map 46 Lot 4, Hingham, Massachusetts,” prepared by Merrill Engineers and Land Surveyors, 427 Columbia Road, Hanover, MA, dated June 13, 2017, Sheets C1.1, C2.1, C2.2, L1.1 and C5.1-C5.5 revised through July 6, 2017 and Sheets C3.1 and C4.1 revised through July 10, 2017;
2. Architectural plans entitled, “Proposed Restaurant, Lincoln Street & Beal Street, Hingham, MA 02043,” prepared by Aharonian & Associates, Inc., 310 George Washington Highway, Smithfield, RI, Drawings A1.5, A3.1, and A3.2
3. Stormwater Management Report, prepared by Merrill, dated June 13, 2017 and revised July 6, 2017


This matter came before the Board of Appeals (the "Board") on the application of Ninety-Nine Restaurants, c/o Mark Feuti (the "Applicant") for a Special Permit A2 under § III-A, 4.9A of the Zoning By-Law (the “By-Law”) and such other relief as necessary to replace an existing 8,840 SF restaurant with a new 5,875 SF restaurant and complete related parking and site improvements at 428 Lincoln Street in the Industrial District. In conjunction with this request, the Applicant simultaneously filed related applications with the Planning Board for Site Plan Review under § I-G and § I-I and a Special Permit A3 Parking Determination and/or Waivers under § V-A, in addition to a Variance application from § V-A of the By-Law.

The Board opened a hearing on the application jointly with the Planning Board at a duly advertised and noticed public hearing on July 11, 2017. During the hearing, the Applicant submitted a written request to withdraw without prejudice the Variance application, which the Board unanimously granted. At the conclusion of the hearing, the Planning Board voted to issue a conditional Site Plan Approval and Special Permit A3. In accordance with § I-I, 2.b., the Board then voted unanimously to grant, with conditions, the requested Special Permit A2 to replace an existing 8,840 SF restaurant with a new 5,875 SF restaurant and complete related parking and site improvements at 428 Lincoln Street in the Industrial District.

The Board of Appeals panel consisted of its regular members Robyn S. Maguire, Acting Chairman, and Joseph M. Fisher, and associate member Michael Mercurio. Patrick G. Brennan, P.E., Amory Engineers, completed a peer review of the plans and other submissions on behalf of the Boards and presented his findings during the hearing. The Applicant, Mark Feuti, appeared to present the applications to the Boards during the hearing, along with Dana M. Altobello, P.E., Merrill Engineers, and Jim Kiley and Tom Cattaneo, Ninety-Nine Restaurants.

Throughout its deliberations, the Board has been mindful of the statements of the Applicant and the comments of the general public, all as made or received at the public hearing.


The subject property consists of 49,188 SF of land located at the corner of Beal Street and Lincoln Street/Route 3A and adjacent to the Lincoln Plaza. The existing restaurant building that occupies the lot is accessed via a curb cut located to the immediate south of the signalized intersection of Lincoln Street/Route 3A and the shared site drive for the Lincoln Plaza, in addition to two curb cuts on Beal Street. A total of 73 parking spaces presently support the restaurant use.

According to the submitted narrative, the property was first developed as a restaurant in 1960. The Zoning By-Law in existence at that time allowed restaurants by-right. Additionally, the By-Law contained less restrictive setback and no minimum lot area requirements in the Industrial District. As such, the property became pre-existing nonconforming when the Town subsequently enacted more restrictive dimensional standards. The Applicant also pointed out that a number of parking spaces currently serving the restaurant encroach into the adjoining Lincoln Street and Beal Street layouts.

The Applicant plans to redevelop the site. The proposed plan calls for a smaller structure while maintaining the current capacity of 180 seats. Existing nonconformities related to front yard setbacks from both Lincoln Street and Beal Street will be eliminated as will any parking space encroachments into these layouts. Access to and vehicular circulation through the site will also be improved by shifting the existing curb cut to the Lincoln Plaza site drive away from its signalized intersection at Lincoln Street/Route 3A and reducing the curb cuts on Beal Street from two to one. The Applicant also plans to install a 4’-wide sidewalk along the Lincoln Plaza site drive, extending from Beal Street to the state highway layout. A future connection to the existing sidewalk on Route 3A, which the Applicant will pursue with MassDOT through a State Highway Access Permit, would create a safer pedestrian route between the bus stop located to the front of the site and the restaurant, shopping plaza, and residential developments located to the south of the property. Finally, the proposed reduction in lot coverage will result in improved landscaping and stormwater management.

As noted above in the Procedural History, the Applicant submitted a Variance application for relief from recently enacted design standards under Section V-A of the By-Law. Specifically, § V-A, 5.m requires landscaping that will “provide a year-round screening effect to prevent headlight glare from shining into the way and soften the visual impact of the parking field.” The proposed plan depicts 26 parking spaces facing Lincoln Street and 12 spaces facing Beal Street that do not comply with this requirement, though, as mentioned above, existing encroachments would be eliminated in these areas. During the hearing, the Board determined that relief from these standards applicable to parking could be granted by the Planning Board through a Special Permit A3. After the Planning Board acted on its Special Permit A3, granting a partial waiver from § V-A, 5.m, the Applicant requested, and the Board granted, a withdrawal of the requested Variance without prejudice.


Based upon the information submitted and received, and the deliberations and discussions of Board members during the hearing, the Board made the following findings in accordance with § I-I, 2.b:

a. The proposed use will be in harmony with the general purpose and intent of the Zoning By-Law, for the following reasons:
The proposed redevelopment will maintain the existing restaurant use of the property. The proposed plan is consistent with the general purposes of the By-Law in that it will: lessen congestion on adjoining streets and the shared site drive serving Lincoln Plaza; improve the physical and aesthetic qualities of the Industrial District; and eliminate existing dimensional nonconformities and encroachments.

b. The proposed use complies with the purposes and standards of the relevant specific sections of this By-Law, for the following reasons:
The proposed use will eliminate existing front yard setback nonconformities and parking space encroachments into adjacent street layouts. The plan complies with all relevant specific sections of the By-Law as modified by a Special Permit A3/Parking Determination with Waivers issued by the Planning Board under Section V-A.

c. The specific site is an appropriate location for such use, structure, or condition, compatible with the characteristics of the surrounding area, for the following reasons:
The property has served as a restaurant since 1960. The proposed redevelopment of both the site and the building is compatible with the surrounding area.

d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons:
The proposed development will create positive impacts related to vehicular and pedestrian circulation, landscaping, and stormwater management. As previously noted, existing dimensional nonconformities and encroachments will be eliminated.

e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:
The proposed design of the parking area facilitates safe and convenient vehicular and pedestrian access for the proposed use. Access to and from the site will be improved by shifting the existing curb cut on the Lincoln Plaza site drive away from its signalized intersection at Lincoln Street/Route 3A and reducing the curb cuts on Beal Street from two to one. The installation of a 4’-wide sidewalk along the Lincoln Plaza site drive, extending from Beal Street to the state highway layout, will improve pedestrian connections to other area amenities.

f. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use, for the following reasons:
Adequate facilities exist to support the redeveloped use. The proposed project includes new utility connections for water, sanitary sewer, gas, and electrical services. An enclosed service area will house dumpsters for solid waste disposal.

g. The proposed Project meets accepted design standards and criteria for the functional design of facilities, structures, stormwater management, and site construction, for the following reasons:
Stormwater runoff from the building roof, driveway, and parking areas will be directed into two bioretention areas for treatment. The design, which was reviewed by the Boards’ peer review engineer, complies with DEP Stormwater Management Regulations to the greatest extent practicable.


Upon a motion made by Joseph M. Fisher and seconded by Michael Mercurio, the Board voted unanimously to APPROVE the requested Special Permit A2 under § III-A, 4.9A of the By-Law and such other relief as necessary to replace an existing 8,840 SF restaurant with a new 5,875 SF restaurant and complete related parking and site improvements at 428 Lincoln Street in the Industrial District, subject to the following conditions:

1. The Applicant shall construct the Project in a manner consistent with the approved plans and the representations made at the hearings before the Board.
2. Within 60 days of this Decision, the Applicant shall submit an Access Permit to MassDOT to permit and construct the “Future Connection of Sidewalk” identified on Sheet C3.1. The Applicant shall construct the connection within 6 months of receiving MassDOT approval.
3. Prior to application for a building permit, the Applicant shall submit to the Zoning Administrator a report detailing whether modification to the proposed guardrail would achieve more effective screening of headlight glare onto adjoining public ways. If requested by the Zoning Administrator, the plans filed in support of the building permit shall include said modification.
4. In accordance with the provisions of the Hingham Zoning By-Law, the conditions imposed in the Planning Board Site Plan Review decision are binding conditions to this decision of the Zoning Board of Appeals.

This decision shall not take effect until a copy of the decision bearing the certification of the Town Clerk that twenty (20) days have elapsed since the decision has been filed in the office of the Town Clerk and no appeal has been filed, or that if such appeal has been filed, that it has been dismissed or denied, is recorded with the Plymouth County Registry of Deeds and/or the Plymouth County Land Court Registry, and indexed in the grantor index under the name of the record owner or is recorded and noted on the owner’s certificate of title.

For the Board of Appeals,

Joseph M. Fisher
July 24, 2017