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Minutes May 5, 2010
Regular Meeting
Planning Board Agenda for Wednesday, May 5, 2010

6:30 94 Derby Street – Derby Street Shoppes
Special Permit A3 and Site Plan Review
Renovate the interior of the existing 1,243 sq.ft. space for restaurant
Use (Pinkberry)

7:00 Continuation of Hearing (to be continued)
0 Ward Street - The Ward Street Turf Fields Fund
Site Plan Review in association with application for Special Permit A1
to create 12.85 acres for two new synthetic turf athletic fields
_____________
Present: Planning Board Members, Judy Sneath, Chairman, Paul Healey, Clerk, Sarah Corey,
and Gary Tondorf-Dick. Also present was Planner Katharine Lacy.

6:30 94 Derby Street – Derby Street Shoppes Special Permit A3 and Site Plan Review

Pinkberry will renovate the interior of the existing 1243 sq.ft. space at Suite 209, Derby Street Shoppes, which is currently vacant, but used to be occupied by retail space. The restaurant will sell frozen yogurt, and will include 20 seats. Modifications to the front elevation will include new awnings, signage, and minor changes to the existing storefront.

The Applicant, WS Weiner on behalf of Pinkberry, is requesting site plan approval and a determination that there is sufficient parking to accommodate the new use with the existing parking at Derby Street Shoppes. They are requesting waiver from the requirement to submit a utilities plan, lighting plan, grading plan, drainage analysis, traffic analysis, soils analysis, water supply and stormwater and erosion control guidelines.

Because the renovation to interior work, the Board waived the requirement for site plan review.

Derby Street Shoppes was originally approved with a shared parking scheme entailing reduced parking requirements for retail uses (4.5 per 1000 sq.ft.) and restaurant (1 parking space per 3 seats with 15% reduction.) With the addition of the 20 seats for Pinkberry, 2014 of the total 2022 parking spaces at the Center will be designated, leaving a surplus of eight.

Board members noted that the parking calculations done for the last restaurant added to the complex, b.goods, were done incorrectly, but that the parking chart submitted with this application appeared to be correct.

There is no rear loading or delivery door, so deliveries and trash pick-up will go through the front door. The Applicant explained that they will receive deliveries twice a week, before ten AM. The truck will arrive in front of the Pavilion Building, and packages will be brought with a hand cart to the store. Trash will be carried to the compactor near Panera Bread at the Pavilion building twice a day.

It was moved, seconded, and SO VOTED to waive the requirement for Site Plan review relative to all aspects of the project with the exception of Criteria C, parking. It was further moved to APPROVE the proposed Site Plan on the condition that the Applicant and the Town building department would continue certify annually that the total number of restaurant seats did not exceed the maximum permitted per the 2002 Special Permit.


Old/New Business

98 and 102 East Street, Form A
This Form A is to swap land as shown on a plan prepared by Nantucket Survey Engineering, LLC, dated March 29, 2010.

It was moved, seconded and SO VOTED to endorse the Form A entitled “ANR Subdivision Plan,” prepared for Martha and John Flakey, dated March 29, 2010 and prepared by Nantasket Survey Engineering, LLC, 46 Edgewater Road, Hull, MA.


2 Seal Cove Road, Form A
This Form A is to subdivide property into two lots as shown on plans prepared Sitec Environmental., dated April 26, 2010.

It was moved, seconded and SO VOTED to endorse the Form A entitled “Plan of Land in Hingham, Massachusetts,” dated April 26, 2010, prepared for Peter J. and Clara H. Barrett and prepared by Sitec Environmental, 769 Plain Street, Marshfield, MA.

26 Summer Street

Dana Baxter came before the Planning Boards and Zoning Boards seeking a modification to the Site Plan that the Planning Board had approved in a decision dated March 1, 2010. This site plan approval had been conducted in conjunction with an application for a modification to the existing Special Permit A2 for the site. Mr. Baxter is currently seeking a 10A temporary float permit for two small dinghy docks, and needs a certificate of zoning compliance. Although there is most likely sufficient parking on the site to accommodate whatever boats would be associated with the dinghy dock, the ZBA have not yet completed their hearing, and the existing permit conflicts with the proposed site plan, with or without the additional dinghy docks. Mr. Baxter noted that he was at risk of being fined, or ordered to pull the floats out, in that they were put into the water before the 10A permit was issued. Board members concurred that the Building Inspector Mark Grylls could not sign the Certificate of Zoning Compliance required for the 10A, but asked Mr. Grylls to ask the Harbormaster if it would be possible to hold off on the fines until the ZBA hearing was complete. The ZBA hearing was continued to June 10, and the Planning Board agreed to attend this hearing in case there were requests for additional modifications to the Site Plan.

The meeting was adjourned at 8:00 PM


Respectfully Submitted,
Katharine T. Lacy, Town Planner