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NOTICE OF DECISIONSpecial Permit A3 Parking DeterminationCertified #7017 0660 0000 9961 1014 IN THE MATTER OF:Applicant: Ninety-Nine Restaurants Attn: Mark Feuti 14 Gill Street Woburn, MA 01801 Premises: 428 Lincoln Street Hingham, MA 02043 Date: December 12, 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 to allow 73 spaces for the new 5,875 square foot restaurant where 74 were approved and 60 are required by the By-law 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 11, 2017 in the Hingham Town Hall at 210 Central Street. Members of the Planning Board present were Jennifer Gay Smith, William Ramsey, Gary Tondorf-Dick and Gordon Carr. Associate member Ted Matthews was seated for this application to complete the panel. 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 recently been redeveloped with a restaurant and parking at this time. The previous use on site was 73 parking spaces serving a building in excess of 8,000 square feet. The redevelopment that was approved was a 5,875 square foot restaurant with 74 parking spaces. The reduction in parking spaces resulted from the installation of the electric transformer in a location not originally as approved, which triggered a series of minor changes to the overall site plan. The Board discussed that even with the reduction of one parking spaces there was still going to be 13 more spaces than required by the regulations. The Board noted that this is a busy location and the spaces will be well utilized. Staff noted that the up lighting on the pylon sign was causing glare to spill into the roadway so it needed to be shielded or redirected. The Applicant said they would take care of that. The Board then reviewed the special permit criteria as there were no other comments. Special Permit A3 Review Criteria:a) The parking is sufficient in quantity to meet the needs of the proposed project;• Yes. 73 spaces (including 3 handicapped and 3 To-Go spaces) are proposed where 74 were approved, and 60 are required by the regulations. While there is more parking than required, it is, with the exception of one space, an existing condition. In addition, the slight surplus of parking will provide employee parking spaces for those employees that drive to work. For these reasons, the provision of more parking than required is reasonable and the Board supports the design. b) Pedestrian access and circulation has been provided for;• Yes. No change.c) New driveways have been designed to maximize sightline distances to the greatest extent possible;• Yes. No change.d) It is impractical to meet these standards and that a waiver of these regulations will not result in or worsen parking and traffic problems on-site or on the surrounding streets, or adversely affect the value of abutting lands and buildings;• Not applicable.e) The granting of relief is consistent with the intent of this By-Law and will not increase the likelihood of accident or impair access and circulation.• Yes. Decision and Vote:It was Moved, Seconded and SO VOTED to APPROVE the Special Permit A3 parking determination to allow 73 spaces where 60 are required and 74 were approved, as presented at the hearing and shown on the 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. All other conditions and waivers remain in full force and effect.This Decision shall not become effective until (i) the Town Clerk has certified on a copy of this decision that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that if such an appeal has been filed, that it has been dismissed or denied, and that (ii): a copy thereof has been duly recorded in the Plymouth County Registry of Deeds and indexed in the grantor index under the name of the owner of record._____________________________Jennifer M. Gay SmithChairman, Hingham Planning BoardIn Favor: Gay Smith, Tondorf-Dick, Ramsey, Carr, MatthewsOpposed: noneCc: Town Clerk; Patrick Brennan, Amory Engineers; Building Department; Assessor; ZBA; BOH; R. Fernandes; T. Molinari; S. Dempsey; S. Girardi, HMLP; Police Chief; Fire Chief; Fire Prevention; DPW, Dana Altobello, Merrill Engineers; S. Olson, Aquarion.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