7:00 PM 288 Main Street – Special Permit A2 and A3
8:00 PM Meeting with Jim O’Brien, Chairman, Hingham Affordable Housing Trust Postponed to May 11
Old/New Business
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Present: Planning Board Members Judy Sneath, Clerk, Paul Healey, Susan Murphy, and Gary Tondorf-Dick. Also present was Planner Katharine Lacy.
7:00 PM 288 Main Street – Special Permit A2 and A3
This was a joint hearing with the Zoning Board of Appeals. The Applicant, Karl Niehoff, seeks to open a small, eat-in/take out ice cream parlor at 288 Main Street in Hingham Centre. The space, which is owned and managed by Rueven Levi of TLC Realty, is approximately 525 square feet, and was most recently occupied by Karma Cakes, a 12-seat eat-in and take-out bakery. The applicant seeks zoning relief in the form of a Special Permit A2 from the ZBA with Site Plan Review by the Planning Board, which is required for a restaurant use in Business A; as well as a Special Permit A3 for a waiver from the Town’s off-street parking requirements.
The Applicant explained that they were planning to fit out the site to include a service counter with freezer space for ice cream, as well as tables and seats to accommodate twelve sit-down customers. The menu would include ice cream, drinks, candy and possibly other sweets and pastries, but the focus would be ice cream. Food sold at the shop would be made elsewhere and delivered on a twice-weekly basis. Paper goods, cleaning supplies, and everything else needed to operate the business would be delivered much less frequently, as in several times a year. During the spring and summer months the business would operate daily from no earlier than 9:00 AM to 10:00 PM; in the early spring and fall hours would be limited to weekends and early evenings, and the business would, in all likelihood, be closed during the winter months.
There was a brief discussion about “ideal” hours of operation. Paul Healey noted that the surrounding neighborhood was largely residential, and that 10:00 PM seemed awfully late for the kind of noise that could be generated from a successful ice cream shop. He suggested a closing time of 9:00 PM. ZBA members discussed this further and determined that 9:00 would be preferable during the week, but that they would be willing to allow the store to stay open until 10:00 on weekend nights (Friday, Sat and Sundays before a Monday holiday) for a trial period to see how it went.
Board members noted, and the applicant concurred, that the proposed use shared many similarities with the previous tenant, Karma Cakes, which received similar zoning relief from the Planning Board and ZBA in the winter of 2007. Because of this, Board members felt comfortable that the proposed use would comply with the Site Plan Review criteria set forth in Section I-I (7) of the Zoning By-Law. Similarly, in the deliberations for the 2007 Special Permit A3 for Karma Cakes, the Planning Board was able to determine that there was sufficient parking for the proposed café use subject to conditions that employees park in the parking lot to the rear of the building, and that the number of seats be limited to twelve. The 2007 Special Permit also contained a condition that the rear parking lot be striped to accommodate 16 spaces, but this had not yet happened due to the fact that the condition was not linked to any specific trigger such as an occupancy or building permit.
It was moved, seconded and SO VOTED, by all present, to APPROVE the proposed Site Plan for the proposed Ice Cream Parlor.
It was moved, seconded and SO VOTED, by all present, to GRANT a Special Permit A-3relative to the operation of a twelve-seat eat-in/take-out ice cream parlor, subject to the following conditions:
1. Employees shall be required to park in the parking area to the rear of the building
2. The number of seats shall be limited to twelve (12).
3. Prior to the issuance of an Occupancy Permit, the rear parking lot shall be striped to accommodate sixteen compliant parking spaces.
8:00PM Meeting with Jim O’Brien, Chairman, Hingham Affordable Housing Trust (HAHT) This meeting was postponed to May 11.
Old/New Business
Minutes
It was moved, seconded and SO VOTED, unanimously, to approve the minutes of March 30, 2009.
Form A : Stimson/Donahue
This form A creates a small parcel of land (142 square feet) and transfer it from the Donahues, 2 Alice Walk, to the Stimsons, 5 Melville Walk. The disposition is the result of a legal settlement and court order regarding the disposition of the two right-of-ways, Melville Walk and Alice Walk.
It was moved, seconded, and SO VOTED by all present, to endorse the Form A plan titled “Plan of Land, Melville Walk and Alice Walk, Hingham MA” dated April 10, 2009 and prepared by Cavanoro Consulting, Inc., 687 Main Street.
Form A – 63 Rockland Street, Lucy Muzzi
This Form A is actually a duplicate of a Form A prepared in 1983, endorsed by the Planning Board and recorded at the Registry of Deeds. A new Form A was formatted and prepared for submittal to Land Court (this was never done in ’83) and signed by the Planning Board on 2/6/06. The Land Court apparently lost the submittal, and this is why the Board needed to sign it again.
It was moved, seconded and SO VOTED by all present to endorse the Form A plan entitled “Plan of Land on Rockland Street, Hingham, MA” dated July 7, 2004 and prepared by Neil J. Murphy, Associates Inc. Cohasset, MA.
Weathervane at Chestnut Gardens
The applicant is requesting a continuation to the date of completion set forth in the Certificate of Action to May 1, 2010 (current approval expires on May 1 2009). The roadway, utilities, buffer-landscaping, and a model unit are complete, and they will hopefully start building and selling units soon.
It was moved, seconded and SO VOTED to extend the time of completion for the project to May 1, 2010.
Request for Modification to Parking Required for Marina Building, 24 Shipyard Drive
Ms. Lacy explained that the owners of the Marina Building at 24 Shipyard drive is seeking to lease approximately 1400 square feet of upstairs space to a specialized dentist. There are 19 parking spaces designated for the entire approx. 6500 s.f. building, and, along with the uses already planned for the building, the dental office would create an excess of parking demand. Ms. Lacy said that she will meet with the owners to explain the parking requirements, and the potential implications of leasing the upstairs office as planned.
Reappointment of Alternate Member
In accordance with M.G.L. Chapter 40(A) Section 9, and Section I-J (1) of the Hingham Zoning By-Law, the Board voted to re-appoint William B. Ramsey, 55 North Street, as an alternate member.
Town Meeting Preparation
Board members determined who would speak on which article at Town Meeting.
Request for Planning Board input on concept of transient slips
John Riley has asked for Planning Board input on two ideas that have come up regarding 3 Otis Street. Bare Cove Marina has distributed a flyer advertising the availability of “10 transient slips” on top of the 18 seasonal ones that he is allowed to use in accordance with his Special Permit. John Riley and Town Counsel Jim Toomey discussed this, and feel that, technically, and in accordance with the Town By-Law, these slips would require five parking spaces, even if there were no cars associated with them. According to Mr. Riley, Mr. Bonn expressed a willingness to explore an arrangement to work with the Town on the operation of the currently unused slips in exchange for the provision of parking in the adjacent Town parking lot. Possible outcomes discussed were 1) that the Town could require a portion of the fee paid for the use of the transient slip; 2) the town itself could lease the slips and operate them as transient or seasonal slips; 3) the Town could lease the slips and have Mr. Bonn operate them. John Riley also discussed the possibility of having the Town create some new, town-owned slips which 3A Marine could then lease or operate.
Board members concurred that some sort of public/private collaboration intended to provide transient slips at 3 Otis Street would be beneficial. They noted, however, that proper oversight would be needed to make sure that transient slips are truly transient, and don’t become permanent. They also agreed that any arrangement involving a disposal of Town property would involve a vote of Town Meeting.
The Meeting was adjourned at 9:25 PM.
Respectfully submitted,
Katharine Lacy, Town Planner