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Minutes December 13, 2010
Regular Meeting
Planning Board Agenda for Monday, December 13, 2010

 

6:30 PMDiscussion of adequacy of a portion of Whiton Ave per the definition of “Street” in Section VI of the Hingham Zoning By-Law

7:00 PMHearing (with ZBA)

Sarah and Matthew D’Souza, 288 Main Street

Site Plan Review in association with a Special Permit A2 to operate a

12 seat sit-down/take-out cupcake bakery and café

7:45 PMVote to go into Executive Session-cancelled

 

Old/New Business

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Present: Planning Board Members, Paul Healey, Susan Murphy, Judy Sneath, and Gary Tondorf-Dick. Also

present was Planner Katharine Lacy.

6:30 PMDiscussion of adequacy of a portion of Whiton Avenue per the definition of “Street” in Section VI of the Hingham Zoning By-Law

This matter came before the Board relative to an ongoing application before the Zoning Board of Appeals for a Special Permit A1 for the construction of a residential dock in the Floodplain Protection District proposed for 7 Howard Road. Section VI of the Hingham Zoning By-Law defines Street as “a public way or way having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the proposed use of the land abutting thereon or served thereby.” The applicant’s attorney, Mathew Watsky, came before the Planning Board to ask for a determination of whether the portion of Whiton Avenue closest to the proposeddock is a street or not. At stake is whether a front setback or side setback from the property line (the edge of the paper street) would be required. If the frontage is adequate to provide access, a front setback would be required. If the frontage is “illusory” or could never actually be provided, the area where the paper street is located would not be deemed to be a street, and thus only a side setback would be required.

Mr. Watsky provided examples of caselawrelatedto theissue, as well as a written legal opinion dated December 9, 2010, all supporting the notion that the area in question was not a street.The Board had also received material proposed by Hingham Resident Thomas Patch supporting the position that it was a street.

After discussing the matter among themselves, it was moved, seconded and SO VOTED by all present to make a determination that the portion of Whiton Avenue in question was not a street.

7:00 PMHearing (with ZBA) Sarah and Matthew D’Souza, 288 Main Street

Applicants Sarah and Matthew D’Souza came before the Planning Board for Site Plan Review in association with a Special Permit A2 and a Special Permit A3 (parking waiver) relative to a request to operate a 12 seat sit-down/take-out cupcake bakery and café at 288 Main Street in Hingham Centre. The Applicants are leasing out 523sq.ft. of presently vacant space in the building owned by Reuven Levi.

Ms. D’Souza explained that there have been two other uses permitted for this site in recent years:

to operate a 12 seat sit-down/take-out ice cream parlor.

The current applicants will be doing a small build-out of the existing interior and their operation is proposed to be very similar to the two previous tenants. However, unlike the previous tenants they are proposing to do all baking on the premises.

Because the proposal does not envision changes to the outside of the building or surrounding sit, it was moved, seconded and SO VOTED to waive the requirement for Site Plan Review per Section I-I (5) of the Zoning By-law.

Parking for the proposed use is provided both by on-street parking on the surrounding streets, as well as a small parking lot located to the rear of the building which serves multiple tenants within the small shopping center. Currently this parking lot includes a total of eleven parking spaces, and though an earlier decision for this location required that the lot be striped for 16 spaces, it does not appear that there is significant demand for the use of this lot. Board members determined that it appears that the eleven spaces were sufficient for the combined uses at this location.

Mr. and Mrs. D’Souza noted that they would work only infrequently at the store, but that they would be hiring two full-time employees.

Board members noted that the Special Permit A3 issued to the previous two tenants was based on the premise that the space was grandfathered with a total of 3 parking spaces, which would translate to twelve seats. As there did not seem to be any parking problems associated with the earlier two uses, Board members agreed that the amount of currently available parking was sufficient.

It was moved, seconded and SO VOTED, by all present, to GRANT a Special Permit A-3 (parking determination) relative to the operation of a twelve-seat eat-in/take-out cupcake bakery, subject to the following conditions:

  1. Employees shall be required to park in the parking area to the rear of the building
  1. The number of seats shall be limited to twelve (12).

Old/New Business

Planning Board Rules and Regulations

 

Ms. Lacy provided the Board with some proposed revisions to the Administrative sections of the Subdivision Rules and Regulations to review. Per the Subdivision Control Law these changes would have to be advertised and discussed at a public hearing before the Board could vote on them.

Ms. Lacy also proposed that the Board allocate a portion of the Consultant line item to hire a consultant to work with the Board, and DPW to revise the technical portions of the Rules and Regulations. Board members authorized Ms. Lacy to follow through with necessary procurement procedures, and hire such consultant.

The Board voted to approve the minutes of November 16, November 18 and November 29, 2010.

 

The meeting was adjourned at 8:30 PM

Respectfully Submitted,

Katharine T. Lacy, Town Planner