Planning Board Agenda for Monday, August 6, 2007
Central Meeting Room North
Present: Planning Board Members, Paul Healey Chair, Sarah Corey, Clerk, and Gary Tondorf-Dick. Also present was Planner Katharine Lacy.
Mr. Healey opened the public meeting at 7:30 P.M. at the Hingham Town Hall.
RE: 1150 Main Street, Carousel Academy Special Permit A3-Parking Determination for proposed Riding Arena - Applicant: Michael & Julie Corey CONTINUED to August 20
RE: 114 Derby Street Continuation of Site Plan Review - Applicant: Shulman Realty Co. (Descenza Jewelers)
Present for the Applicant Greg and Neil MacIssac (owners of DeScenza), Attorney Jeffery Tocchio, Kelly McCarthy, Paralegal, John Cavanaro (Cavanaro Consulting). Sean Papich, Landscape Architect.
This was a continuation of a hearing initiated on July 30, 2007. At the end of the last hearing the Board instructed the applicant to return with a more detailed landscape plan. Sean Papich, Landscape Architect, presented a detailed planting plan showing exactly how the area between Building and Derby Street will be planted, creating three "view corridors" in towards the store from Derby Street by selectively clearing understory vegetation. They are also planning to remove a bit more pavement and added a planted area on the western side of the property.
It was moved, seconded, and SO VOTED, unanimously, by those present to APPROVE the proposed site plan for 114 Derby Street prepared for DeScenza Diamonds by Cavanaro Consulting, including the planting scheme shown on the "Landscape Improvement Plan" prepared by Sean Papich dated August 6, 2007. This approval was issued subject to the following conditions:
1. A "No Right Hand Turn" sign shall be posted at the site's exit at Old Derby Street to direct cars back to the main entrance/exit drive for the Derby Street Shoppes.
2. Site landscaping, including which vegetation shall be removed, added, maintained, relocated or pruned, shall be implemented and maintained as shown on the "Landscape Improvement Plan" dated August 6, 2007 and submitted with this application. Any proposed changes to the plan shall be reviewed by the Town Planner, who shall determine whether they constitute a modification that should be reviewed by the Board.
3. View Corridor #1 as shown on the "Landscape Improvement Plan" shall not exceed 40-60 feet in width, and shall be planted with sufficient mid-size vegetation to block views of the parking lot from Derby Street.
4. The Norway Spruce located to the east of the site entrance shall be maintained in its current location, and shall not be removed without the Board's approval.
Finally, while not within scope of Site Plan Review process, Board members expressed a strong wish that a the clock similar to the one in place when the bank was at this location be added to the sign located northeast of the store building adjacent to Derby Street.
Ms. Murphy joined the hearing at this time.
RE: 118 North Street -"The Snug" - Special Permit A3 - Parking Determination for proposed Outdoor Dining Patio - Applicant: Edward & Ellen Brown
Present for the Applicant: Ed and Ellen Brown, Owners. Also present was Bruce Rabuffo and Ben Wilcox of the Hingham Development and Industrial Commission, and numerous representatives of the Hingham Downtown Association.
The applicants, owners and operators of "The Snug", seek to expand their restaurant through the creation of a small outdoor patio on adjacent Town-owned land located in a narrow alley running between this property (118 North Street) and the adjacent building at 124 North Street. Voters at the 2007 Town Meeting authorized the Hingham Selectmen to lease the area where the terrace would be located. A Request for Proposals (RFP) was issued and the Browns were selected as the lessee in May, 2007.
The applicant is requesting a waiver from the six parking spaces that would be required for the addition of 26 seats in the new patio area. The Snug currently has 48 seats, and no dedicated off street parking. The Off-Street Parking regulations set forth in Section V-A of the Zoning By-Law require one parking space per three seats for a restaurant, with a 25% reduction for uses in Business District A. Because the restaurant use at this site pre-dates the introduction of off-street parking requirements in the Square, however, the property is considered legally non-conforming, and "grandfathered" for the 12 spaces that would be required for the seats inside the facility. The new patio, on the other hand, would be considered an expansion of the existing use, or a new use, and the six parking spaces that would be required are not included in the scope of the legally non-conforming use. Since there are no dedicated off-street parking spaces associated with the Snug, the applicant is requesting a waiver (through a Special Permit A3) from the requirement to provide the six off-street parking spaces.
The applicant is also planning to apply for a Special Permit A2 from the Zoning Board of Appeals with Site Plan Review by the Planning Board for the expansion of the restaurant use, as required in Business District A.
In his presentation to the Board, Mr. Brown stated that the patio would be open for customers from May to October depending on the weather. Based on an interview with the owners of the nearby Tosca Café, which also has outdoor seating, Mr. Brown estimated that the patio would be operational 23 days a month. The restaurant is open from 11:00 am to 11:00 pm, with the kitchen generally closing around 9:30 pm.
Board members discussed the challenges associated with this request in terms of setting a precedent for future new uses Downtown which might exacerbate the already tight parking situation in the Downtown area. Mr. Brown responded by pointing out that there is generally much less traffic Downtown during the summer months, and noted that business typically drops 30%-40% during this period. Indeed, his intent in opening up the patio area would be to recoup some of seasonal loss of his own business by providing an outdoor eating venue for those not interested in sitting inside during period of good weather. He also noted that the bulk of his business would be in the evening hours, after most nearby businesses had closed for the day. Mr. Brown stated his belief that the presence of additional customers on the patio would benefit all Downtown businesses by generally increasing foot traffic downtown during these "non-peak" periods.
Members of the Hingham Development and Industrial Commission (HDIC) and Hingham Downtown Association (HDA) were in attendance at the hearing and spoke in support of the project as consistent with the ongoing plans for the revitalization and improvement of Hingham Square. They also noted that recent parking studies had indicated that while it was not always conveniently located, that there was in fact sufficient parking for all of the uses Downtown. The ongoing improvements to the Station Street Parking lot, in particular, would provide a significant amount of additional public parking. While there are currently no formally striped parking spaces in the Station Street lot, informal counts had shown 120 parked cars in this lot on an average daily basis. With the pending improvements to the lot there will be 267 designated parking spaces in the Station Street lot. North Street businesses such as the Snug will benefit from this expansion due to their relative proximity to the lot.
Ms. Lacy pointed out that the finding that the Planning Board must make for a Special Permit A3- Parking Waiver is that it will not "result in or worsen parking and traffic problems on the surrounding streets or adversely affect the value of abutting land."
Based on the findings set forth above, the Planning Board it was moved, seconded and SO VOTED, to GRANT the applicant a Special Permit A3 under Section V-A of the Zoning By-Law waive the requirement for 6 off-street parking spaces top serve the outdoor eating patio. The Permit was granted subject to the following condition:
1. Employees at the Snug shall be required to park in municipal parking areas, and shall not utilize on-street parking in the Square.
Old/New Business
It was moved, seconded, and SO VOTED, unanimously to accept the minutes of July 16, 2007 and July 30, 2007 with changes.
RE: 302-304 Whiting Street-Penniman Knoll Comprehensive Permit - Informational Meeting - Applicant: 302-304 Whiting Street Limited Partnership
Present for the Applicant: Attorney Jeffery Tocchio and Kelly McCarthy, Paralegal; Matt Long, Wetland Scientist, and Gary James, Civil Engineer.
Mr. Tocchio stated that this was a voluntary informational hearing. He explained that the proposed 40B development would include 20 units of for-sale housing located in 8 buildings on a 9-acre site between Penniman Hill Nursery and Fore Seasons Golf Club. The project received a Project Eligibility Letter from DHCD on February 8, 2007. Access will be provided by a 800-foot driveway entering the site from Whiting Street where the driveway for the existing two single family homes is now located. The structures will not be visible from Whiting Street. Particular concerns include the wetland crossing required for the driveway, and site distances and safety of the entrance.
Ms. Murphy asked whether a traffic study had been prepared, and Mr. Tocchio said that this information would be presented to the Board of Appeals during the 40B hearing. Ms. Murphy asked whether the applicant was planning on returning the Board for a more formal presentation with project plans, studies, etc., and Mr. Tocchio stated that he had not planned to because this was a 40B permit, and the ZBA was the sole permit granting authority. Board members pointed out that they were well aware of the statute, but noted that they had had a chance to do Site Plan Review for all other 40B projects in the past. Mr. Tocchio said that he would ask his client if he would be willing to have his consultants return to the Board with actual presentation boards, etc. Ms. Murphy requested that the meeting be adjourned, and Chairman Healey moved to adjourn.
The meeting was adjourned at 10:00 PM
Respectfully submitted,
Katy Lacy
Town Planner