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TOWN OF HINGHAMBoard of AppealsNOTICE OF DECISIONSPECIAL PERMITIN THE MATTER OF:Applicant: Panek Donuts, LLC Agent: Jeffrey A. Tocchio, Esq. Victor Carvalho, Manager Drohan Tocchio & Morgan, P.C. 15 Ralston Road 175 Derby Street, Suite 30 Weymouth, MA 02190 Hingham, MA 02043Owner: Hingham Shipyard LLC 24 Shipyard Drive Hingham, MA 02043Premises: 315 Lincoln Street, Hingham, MA 02043 Deed Reference: Plymouth County Registry of Deeds, Book 14476, Page 5Plan References: Plan set entitled, “Site Development Plans for Panek Donuts, LLC, #315 Lincoln Street, Hingham, MA,” prepared by CHA, 141 Longwater Drive, Suite 104, Norwell, MA, dated May 20, 2019 and revised through July 31, 2019 (16 Sheets) Landscape plan entitled, “Site Planting Plan,” prepared by Hawk Design, Inc., Sagamore, MA, dated February 14, 2019 and revised through July 30, 2019 (1 Sheet) Architectural plan set entitled, “Dunkin’ 315 Lincoln Street, Hingham, MA,” prepared by Aharonian & Associates, Inc., dated July 30, 2019SUMMARY OF PROCEEDINGSThis matter came before the Board of Appeals (the "Board") on the application of Panek Donuts, LLC, Victor Carvalho, Manager, (the “Applicant”) for a Special Permit A2 under § III-A, 4.9B of the Zoning By-Law (the “By-Law”) and such other relief as necessary to construct a 2,070 SF Dunkin Donuts take out restaurant at 315 Lincoln Street in the Industrial District. In connection with the proposed use, the Applicant simultaneously filed related applications with the Planning Board for Site Plan Approval under § I-G and § I-I and a Special Permit A3 Parking Determination and/or Waivers under §§ III-G and V-A of the By-Law. The Boards opened the initial, duly noticed public hearings on these applications during a joint meeting held in Hingham Town Hall on March 25, 2019. At the Applicant’s request, the Boards continued their respective hearings without the receipt of testimony to May 21, 2019. The first substantive hearings were held by the Boards on June 18, 2019, at which time the Board of Appeals also opened the initial hearing on a related application for a Variance from § IV-A of the By-Law to locate the restaurant 11’ from the rear property line where a 25’ rear yard setback is required in the Industrial District. After discussion, all concurrent hearings were further continued to a joint meeting on July 22, 2019. The Boards continued their respective reviews separately thereafter. The Planning Board voted to issue Site Plan Approval and to grant the related Special Permit A3 Parking Determination during a meeting held on August 5, 2019, with decisions filed with the Town Clerk on August 12, 2019. The Board continued its proceedings on July 22, 2019 to a separate public hearing on August 13, 2019, at which time the Board, in accordance with § I-I, 2.b., voted unanimously to grant the requested Special Permit, with conditions as set forth below.The Board panel consisted of its regular members Robyn S. Maguire, Chair, and Paul K. Healey and associate member Mario Romania, Jr. The Applicant was represented during the hearings by: Jeffrey Tocchio, Esq., Drohan, Tocchio and Morgan, P.C.; Jackie Brousseau, Ahorian Associate Architecture; and Gabe Crocker, P.E., CHA. The proposed site plan and other supporting materials were reviewed by the Boards’ technical consultants: Patrick Brennan, P.E., of Amory Engineers, and Jeffrey Dirk, P.E., PTOE, FITE, of Vanasse & Associates, Inc. Throughout deliberations, the Zoning Administrator 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. BACKGROUND The subject property consists of approximately 33,400 SF of land located on the north side of Lincoln Street (Rt. 3A) between USS Amesbury Drive and Shipyard Drive East. The property is bound to the rear and each side by the Avalon Hingham Shipyard II site at 319 Lincoln Street, though there are reciprocal easements between the owner and Avalon that permit (1.) the storage of boats by the owner to the west of the development site on land owned by Avalon and (2.) parking and an emergency access drive to the east of the development site for the Avalon development on land owned by the owner. The site is presently improved by a single-story service shop, built in 1970, and formerly occupied by Weber Dodge and Meara Imaging. The existing building is nonconforming with respect to the required front yard setback (29’ where 40’ is required) and rear yard setback (9.9’ where 25’ is required). The proposed plan would replace the existing 5,320 SF building with a proposed 2,070 SF Dunkin Donuts restaurant, eliminating the front yard nonconformity and significantly reducing the rear yard nonconformity. The restaurant would offer 24 seatsIn response to comments raised by members of the Boards, peer review engineers, and staff, the Applicant modified the originally proposed plans significantly during the hearing process. In addition to shifting the originally proposed building location closer to the rear property line, as described above, the Applicant made the following plan revisions since submission of the initial application:1. Increased number of parking spaces from 12 to 24;2. Improved circulation through the site to permit emergency responders and delivery and trash trucks to navigate the property;3. Maintained fire access drive to adjoining Avalon development; 4. Added pedestrian improvements, including sidewalk to the adjoining Avalon development;5. Enlarged trash/recycling area, resulting in the reduction of one parking space; 6. Revised building design to include 2 “historical display windows”. The revised design also eliminates originally proposed features such as a pitched, metal roof with gable, clapboard siding, and covered porch-style entryway in favor of a flat roofline and masonry panel siding;7. Identified a flagpole location along the street frontage and represented that the flagpole would be 30’ in height; and 8. Submitted an optional plan entitled, “SITE PLAN WITH ANGLED PARKING,” prepared by CHA, dated May 20, 2019, revised to July 31, 2019 (Sheet C-101A), depicting the potential reconfiguration of parking spaces along the front of the building from perpendicular to angled to be implemented if traffic circulation and queuing becomes a problem once the use is operational.During the hearings, Board members discussed at length the proposed building design. The Applicant was directed to redesign the building in order to make its appearance more consistent with the commercial development in the surrounding Hingham Shipyard. As noted above, the Applicant also agreed to install historic displays on two building facades in order to reflect the history of the Shipyard. These displays will depict an “E-Flag” and a destroyer that was built in the Shipyard. Also as noted above, the Applicant will install a 30’-tall flag pole along the street frontage. The Boards also discussed potential traffic impacts associated with the use. The site was designed with two curb cuts on Lincoln Street. Turning movements, subject to approval by the Massachusetts Department of Transportation (MassDOT), will be restricted to “right-in” and right-out”. The Applicant agreed to conduct traffic monitoring post occupancy. In fulfillment of conditions attached to this Decision, the Applicant will issue reports on the monitoring results to the Boards. Corrective measures will be made if necessary. APPROVAL CRITERIA Based on the information submitted and presented during the hearing, and the deliberations and discussions of the Board during the hearing, the Board made the following findings in accordance with § I-F, 2:1. Use of the property is in harmony with the general purpose and intent of the Zoning By-Law. The proposed use is in harmony with the general purposes of the By-Law. A take-out restaurant is an allowed use by special permit in both the Industrial District. Moreover, the proposed use as conditioned, will not adversely affect the health, safety or welfare of any prospective occupants, customers, neighbors, or the Town. 2. The proposed use complies with the purposes and standards of the relevant specific sections of the By-Law. The proposed redevelopment project eliminates an existing front yard setback nonconformity and improves an existing rear yard nonconformity, consistent with a dimensional variance granted this day and more generally with the effective standards in an Industrial District. The project will also comply with parking regulations specified in Section V-A, as approved by the Planning Board by issuance of a Special Permit A3 on August 12, 2019, as well as signage regulations under Section V-B, as conditionally approved by the Zoning Administrator by issuance of a Special Permit A1 on July 26, 2019. 3. The specific site is an appropriate location for the proposed use and is compatible with the characteristics of the surrounding area. The property is an appropriate location for the proposed take-out restaurant as it is located on the north side of Lincoln Street/Route 3A in close proximity to the Hingham Shipyard, and surrounded by large-scale commercial, industrial, and residential development. The building design, which includes historic graphics on the west and south elevations, is compatible with the characteristics of the surrounding mixed use area. 4. The use as developed and operated will create positive impacts or the potential adverse impacts will be mitigated. There will be no adverse impacts resulting from the proposed use. Redevelopment of the site will eliminate or reduce existing setback nonconformities. The smaller building footprint allows for improved landscaping and stormwater management. 5. There will be no nuisance or serious hazard to vehicles or pedestrians. Turning movements to the one-way access drive will be limited to right-in, right-out. All walkways, including a pedestrian connection to the adjoining Hingham Shipyard Avalon II development, for the site are designed to be ADA compliant. There will be no nuisance or serious hazard to vehicles or pedestrians resulting from the project.6. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use. Private trash pickup will be scheduled for the site. A proposed grease trap will collect kitchen waste, and grease trap effluent and sanitary waste will be conveyed to an existing sewer manhole on the abutting site. 7. The proposal meets accepted design standards and criteria for the functional design of facilities, structures, stormwater management, and site construction. The proposed redevelopment has been designed to improve stormwater management. Presently, the site has no stormwater treatment. Post construction, runoff will be conveyed to infiltration structures via roof drains and catch basins, with surface runoff directed away from the right-of-way. Additionally, the site was designed to accommodate the Hingham Fire Department’s 100-foot aerial platform truck. DECISIONUpon a motion made by Paul K. Healey and seconded by Mario Romania, Jr., the Board voted unanimously to GRANT the application of Panek Donuts, LLC for a Special Permit A2 under § III-A, 4.9B of the Zoning By-Law and such other relief as necessary to construct a 2,070 SF Dunkin Donuts take out restaurant at 315 Lincoln Street in the Industrial District, subject to the following conditions:1. The proposed work shall be completed and the take-out restaurant use shall be operated in a manner consistent with the approved plans and the representations made at the hearings before the Board such that there shall be no more than 24 seats.2. Hours of operation shall be limited to between 5:00 am and 10:00 pm during weekdays and weekends. All customers shall vacate the patio by 9:00 p.m. Sunday through Thursday and 10:00 p.m. on Friday, and Saturday, and the evening before legal holidays. 3. Any outside music shall be kept at a low level appropriate as background for pleasurable dining.4. In accordance with the provisions of the By-Law, the conditions imposed in the Planning Board Site Plan Approval, filed with the Town Clerk on August 12, 2019, are binding conditions to this decision of the Zoning Board of Appeals. Related to the Planning Board Site Plan Approval, the Board makes the following additional conditions pursuant to § I-I, 2.c:a. With respect to the requirement under Condition #2 of the Site Plan Approval to present the Traffic Monitoring report during a duly noticed public hearing, the Board authorizes the Zoning Administrator to waive the public hearing for the 30-day presentation if no traffic volume or safety concerns are identified in the report by the Applicant’s traffic engineer as verified by the Police Chief and the Board’s traffic peer review engineer. b. The Transportation Demand Management (TDM) program required by Condition #3 of the Site Plan Approval refers to employer transportation programs administered by MassRides. This condition shall be read to include any successor entity to the extent that there may be a successor program. Documentation shall be included with the application for a Building Permit to demonstrate that the TDM program has been developed by the Applicant. c. The test pit/soil evaluation required by Condition #7 of the Site Plan Approval shall be witnessed by the Board’s civil peer review engineer at the Applicant’s expense. 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,_________________________________Robyn S. Maguire, ChairAugust 22, 2019