Scheduled:WSM Properties, Derby Street Shoppes
Site Plan Review Relative to a request to Modify the Special Permit A2 and Special Permit A3 (Parking Modification) to allow the Use of a Yoga and Pilates Studio on the 2nd Level of the Crate and Barrel Building
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This was a joint hearing with the Zoning Board of Appeals. The ZBA panel included Joseph Freeman, Tod McGrath and Mario Romania.
8:00 PM100 Derby Street – WSM Hingham Properties, LLC Derby Street Shoppes
Present for the Applicant: Robert Frazier, S.R. Weiner; Carolyn Kennedy, Site Manager, Derby Street Shoppes; and Kay Sutherland, Dancing Crow Yoga Studio.
Robert Frazier of S.R. Weiner (The Applicant) explained that his prospective tenant Kay Sutherland intended to use 2105 s.f. on the second level of the Crate and Barrel Building at Derby Street Shoppes (100 Derby Street) for a yoga and pilates studio. The yoga studio will also have a very small component that will be retail selling yoga wear, accessories, jewelry and books.The space is currently vacant. The Applicant seeks a modification to the Special Permit A2 with Site Plan Review, along with a Special Permit A3 (Parking Determination).
Derby Street Shoppes is a Retail Group in the Industrial Park District, which is permitted with a Special Permit A2 under section §III-A 4.17 of the Zoning By-Law. When the Shoppes were contemplated/permitted the uses anticipated for the center were limited to retail and restaurant.A yoga studio would fall under the provisions of the newly adopted section III-A 4.12A (Health Club) which is permitted with a SPA2 in the Industrial Park District, but by virtue of an omission in the recent zoning amendment, is not listed as one of the uses permitted within a Retail Group. ZBA members discussed whether this meant that a variance would be required, and determined that, because the use was permitted in the underlying Industrial Park district, that it could be addressed through a modification to the Special Permit A2 to allow this new use.
Planning Board members determined that because the introduction of the new use would only require internal modifications, that it would be appropriate in accordance with Section I-I (5) of the Zoning By-Law to waive the requirement for Site Plan Review.
In terms of parking,the 2105 s.f. area where the Yoga studio is proposed area was factored into the parking required by the Special Permit for Derby Street Shoppes based on a projected retail use at 4.5 parking spaces per 1000 s.f. (for about 10 spaces).The off-street parking regulations set forth in the Zoning By-Law for "Recreation" uses require 1 space per 3 persons at capacity use, which would limit participants to 30 at a time. Ms. Sutherland reported that she was anticipating up to 50 students at peak times, which would roughly translate into a requirement for 17 spaces. The parking area that would most likely be used by studio patrons is the area behind the Crate and Barrel building, which includes 230 parking spaces and, aside from the busiest times of year, seems to have plenty of capacity. In terms of hours of operation, Ms. Sutherland said that thought that classes would begin at 7:00 AM and probably wrap up by 9:00 PM. She did not yet have a sense as to what the most popular class times would be.
ZBA and Planning Board members asked whether there would be sufficient lighting and security at this location. Carolyn Kennedy of S.R. Wiener responded that security at the center remained on duty until midnight.
Mr. Frazier distributed a table showing a complete breakdown of the required parking at Derby Shoppes by business name and type. In summary, there are 1,985 spaces required, and 2002 provided, which leaves a surplus of 37 spaces. Board members noted that, in light of the fact that studio users would generally be parking in the more lightly used rear lot, that it seemed appropriate to designate seven of the 37 excess spaces provided at Derby Street Shoppes for use by the Yoga Studio.
Ms. Sneath asked that the parking summary provided by Mr. Frazier be updated appropriately to reflect the introduction of the health club use, and its associated parking, along with the parking provided for retail and restaurant use.
It was moved, seconded and SO VOTED by all present to approve the Applicant's request for a Special Permit A3 based on a determination that there was sufficient parking available at the Derby Street Shoppes for the introduction of the proposed Yoga Studio.
Old/New Business
Form A—To Create Penniman Knoll Public Safety Lot, Whiting Street
The purpose of this plan is to take Lots B and C from Eastern Quarries and Lots D and E from the Land of Robert J. Barra, and combine them to form 2 (two) new lots.Lots B and D will be combined to form the land for the Derby Brook Condominium Association, and Lots C and E will be combined to form a new public safety lot for the Town of Hingham.
It was moved, seconded and SO VOTED by all members present to approve the Form A Plan entitled "410 Whiting Street Plan of Land in Hingham, MA" prepared by James Engineering, Inc. and dated November 6, 2008.
The meeting was adjourned at 9:15 PM.
Respectfully Submitted,
Katharine Lacy
Town Planner