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TOWN OF HINGHAM
Zoning Board of Appeals
NOTICE OF DECISION
IN THE MATTER OF:
Applicant/ CPT Lincoln Plaza LLC
Owner: c/o Jamie Anderson, Grossman Development Group
405 Cochituate Road, Suite 302
Framingham, MA 01701
Property: 400 Lincoln Street, Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds, Book 48078, Page 39
Plan References: “Grease Trap Plan,” prepared by Civil Design Group, LLC, 21 High Street, North Andover, MA, Site Plan, 181 North Street - Hingham,” dated November 6, 2020 and revised through November 25, 2020 (1 Sheet) and “Preliminary Floor Plan, Not For Construction,” prepared by , dated September 10, 2020
SUMMARY OF PROCEEDINGS
This matter came before the Zoning Board of Appeals (the "Board") on the application of CPT Lincoln Plaza LLC (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 locate a Jersey Mike’s take-out restaurant in an existing tenant space at 400 Lincoln Street in the Industrial District.
The Applicant simultaneously filed related applications with the Planning Board for a Special Permit A3 under § V-A and Site Plan Review under §§ I-G and I-I of the By-Law. The Planning Board determined the project to be a Minor Plan and voted to waive Site Plan Review on January 4, 2021. The Planning Board also voted to grant a Special Permit A3/Parking Determination on January 11, 2021.
The Board opened the initial, duly noticed public hearing on the application during a meeting held on January 19, 2021 via Zoom as an alternate means of public access pursuant to an Order issued by the Governor of Massachusetts, dated March 12, 2020, Suspending Certain Provisions of the Open Meeting Law. The Board panel consisted of regular members Robyn S. Maguire, Chair, and Paul K. Healey, and associate member Michael Mercurio. The Applicant was represented during the hearings by Jamie Anderson, Grossman Development. At the conclusion of the hearing, the Board voted unanimously to grant the requested Special Permit, with conditions set forth below.
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.
BACKGROUND AND DISCUSSION
The subject property consists of approximately 504,000 SF or 11.56 acres of land located on the south side of Lincoln Street/Route 3A, north side of Beal Street, and west side of Sgt. William B. Terry Drive. It is previously developed by a shopping center, commonly referred to as Lincoln Plaza, that includes more than 140,000 SF GFA with multiple tenants. The proposed plan calls for the conversion of an existing retail space within the principal structure to a Jersey Mike’s restaurant. The restaurant would include a maximum of 24 seats within the space.
As noted in the Summary of Proceedings, the Planning Board issued a Special Permit A3/Parking Determination for the property on January 11, 2021, noting that there would remain an excess of 1 parking space on the property overall, after considering the use as proposed with a maximum of 24 seats within the space.
Very limited site work is required to convert the ~ 2,300 SF GFA space to a take-out restaurant. The only exterior work involved includes installation of a grease trap sized and sewer manhole that will meet or exceed Title 5 requirements.
Based on the information submitted and presented during the hearing, and the deliberations and discussions of the Board during the meeting, the Board made the following findings in accordance with the Special Permit Approval Criteria under § I-F, 2. of the By-Law:
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 within a Shopping Center in the Industrial District. The existing shopping center has included take out restaurants in the past. Moreover, the proposed use 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 tenant use of the existing shopping center space complies with the effective sparking regulations specified in Section V-A, as approved by the Planning Board by issuance of a Special Permit A3 on January 11, 2021. No other special regulations will be effected by the proposed change in use of the existing tenant space from retail to take-out restaurant.
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 within an existing shopping center and in close proximity to the Hingham Shipyard, and surrounded by large-scale commercial, industrial, and residential development. The existing building design 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 existing tenant space will reduce parking demand on the site overall.
5. There will be no nuisance or serious hazard to vehicles or pedestrians. There will be no nuisance or serious hazard to vehicles or pedestrians resulting from the project. The shopping center access and egress, including existing pedestrian walkways, will not be affected by the proposed change in use of the existing tenant space that is approximately 2,300 SF GFA or 1.6% of the overall shopping center.
6. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use. 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 site. The tenant will utilize the existing truck door for deliveries via the rear door of the proposed use. The Planning Board voted on January 11, 2021 to issue a Special Permit related to the shared parking for the shopping center that confirms there remains an excess of 1 parking space beyond that required under Section V-A of the By-Law.
7. The proposal meets accepted design standards and criteria for the functional design of facilities, structures, stormwater management, and site construction. The property is served by public water and sewer. The tenant will maintain waste disposal locations and systems consistent with the existing users within the shopping center. No changes, other than the proposed grease trap and sewer manhole, are required to the site in order to accommodate the proposed use. The proposed grease trap exceeds the 15 gallons/seat under state regulations.
Upon a motion made by Paul K. Healey and seconded by Michael Mercurio, the Board voted unanimously to GRANT the requested Special Permit A2 under §§ III-A, 4.9B and 4.17 to locate a take-out restaurant within an existing tenant space consisting of approximately 2,300 SF GFA within the Lincoln Plaza shopping center at 400 Lincoln Street in the Industrial District, subject to the following conditions:
1. that the use is operated in a manner consistent with the approved plans and representations made to the Board during the hearing such that
2. the restaurant shall provide no more than 24 seats.
For the Board of Appeals,
Robyn S. Maguire, Chair
February 14, 2021