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NOTICE OF DECISIONSite Plan Review in Association with a Special Permit A2 and Special Permit A3IN THE MATTER OF: Certified #7017 0660 0000 9961 1281Applicant: Ninety-Nine Restaurants Attn: Mark Feuti 14 Gill Street Woburn, MA 01801 Premises: 428 Lincoln Street Hingham, MA 02043 Date: December 11, 2017Plan References:“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 C3.1, C4.1 revised to 11/22/17. Summary of Proceedings:This matter came before the Planning Board on the application of the Ninety-Nine Restaurants for a minor modification to the Special Permit A3 Parking Determination under § V-A, along with a minor modification to the Site Plan Review in Association with the Special Permit A2 and A3 under § I-G and § I-I, with a request to waive the requirement for a public hearing, and such other relief as necessary to allow minor changes to the parking, landscaping and drainage for the newly constructed 5,875 square foot restaurant at 428 LINCOLN STREET in the Industrial District. The application was submitted on November 13, 2017, and the Planning Board heard the application at a duly noticed public hearing on December 4, 2017 in the Hingham Town Hall at 210 Central Street. Members of the Planning Board present were Jennifer Gay Smith, William Ramsey and Gordon Carr. Patrick Brennan, Amory Engineering, was the peer review civil engineer for the Board, but did not attend the hearing. The Applicant team included Dana Altobello, Merrill Engineers, and Mark Feuti, Ninety Nine Restaurants. The project site is located at 428 Lincoln Street and has been recently redeveloped in accordance with approvals granted earlier this year to allow demolition and reconstruction. The application before the Board relates to authorizing minor changes to the site to allow relocation of three parking spaces and two trees, the elimination of a small portion of sidewalk, the elimination of one parking space, drainage modifications, and other minor site changes. Because the parking being proposed with this change is 73 spaces, reduced from 74 spaces, the applicant has also applied for a modification to the Special Permit A3 parking determination. Dana Altobello reviewed the proposed changes to the site and noted that they were triggered by the installation of the electric transformer in a location other than originally approved. The new location of the transformer resulted in the relocation of three parking spaces and the elimination of one parking spaces. The revised parking layout resulted in the need to relocate two proposed trees to areas where they would have adequate space. The sidewalk internal to the plaza encroaches slightly onto the land of the plaza. Mr. Altobello provided a letter to the Board acknowledging and authorizing this encroachment. The reconfigured drainage connection was discussed, and, staff noted that the peer review engineer has stated that with the addition of a hood as requested by the Department of Public Works, the drainage would function as designed. The Board discussed the drainage swale on the east side of the building and requested that the applicant work with staff to eliminate any potential tripping hazard. 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 the drainage connection modification will function as modified per the peer review engineer.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 sidewalk internal to the plaza encroaches slightly onto the plaza land,• A small portion of sidewalk by the birch tree has been removed because the utility of it is low and it would negatively impact the birch tree root system.• There is a 'step' in the sidewalk between the six parking spaces on the west side of the building and the handicap spaces toward the front. The step should be painted yellow or be reflective in some way subject to approval by the Building Inspector to alert pedestrians that it is there.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:• 3 parking spaces are being relocated as part of a minor parking lot reconfiguration.• The parking by-law requires 60 spaces, 73 are proposed where 74 were approved. The parking determination needs to be modified.• The number of spaces being provided is still in excess of the by-law but will be well utilized to serve this busy location.d. adequacy of open space and setbacks, including adequacy of landscaping of such areas;The Board found that:• Two trees are being relocated as a result of the parking space relocation. • The net # of trees being planted will not be reduced.e. adequacy of the methods of disposal of refuse and other wastes resulting from the uses permitted on the site;The Board found this not applicable. 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 this not applicable. 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 drainage connection change does not affect the way the drainage will work. Applicant shall add a hood as discussed with the DPW and show updated information on the as-built for this connection.• MA DOT has already inspected the modified drainage and the peer review engineer has as well. 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 this 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.The Board found this 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 A3, as shown on plans titled “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 C3.1, C4.1 revised to 11/22/17, based on the findings and subject to the following conditions:1. A revised as-built is required, both electronically and hardcopy.2. The step in the sidewalk between the six parking spaces on the west side of the building and the handicap spaces toward the front shall be painted yellow or be reflective in some way as approved by the Building Inspector to alert pedestrians that it is there.3. The Applicant shall work with the peer review engineer to alleviate the potential trip and fall hazard at the doorway by the drainage swale, possibly with a stone check dam or other acceptable solution. 4. The Special Permit A3 shall be modified.5. All other conditions remain in full force and effect._____________________________Jennifer M. Gay SmithChairman, Hingham Planning BoardIn favor: Gay Smith, Ramsey, 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 December, 2017Commonwealth of MassachusettsPlymouth, ss December ____, 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: October 29, 2021Mary F. Savage-Dunham, Notary Public