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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant: Robert Gonsalves
153 Summer Street
Hingham, MA 02043
Property Owner: Hingham Square LLC
c/o The Grossman Companies Inc.
1266 Furnace Brook Parkway
Quincy, MA 01269
Subject Property: 19 a.k.a. 21 Main Street
Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds: Book 23778, Page 207
SUMMARY OF PROCEEDINGS:
This matter came before the Board of Appeals on the application of Robert Gonsalves (lessee) (the “Applicant”) and Hingham Square LLC (owner) for a Special Permit A2 under §III-A, 4.9A and 4.9D of the Zoning By-Law and such other relief as necessary to operate a 15 seat sit-down/take-out restaurant ancillary to the retail gourmet shop in a portion of the Pride Building at 19 a.k.a. 21 Main Street (the “Property”), in Business District A. Under the terms of the Hingham Zoning By-Law §III-A, 4.9 A and 4.9D, a sit-down/take-out restaurant requires an A2 use permit acted on by the Zoning Board of Appeals with Site Plan Review under §I-G and §I-I by the Planning Board. The Applicant also sought a Special Permit A3 parking determination, with waivers if necessary, under §V-A, also relief that is acted on by the Planning Board under the By-Law.
The two boards heard the application at a duly advertised and noticed joint public hearing on Thursday, January 21, 2010 at the Hingham Town Hall at 210 Central Street. The Board of Appeals panel consisted of its regular members: Joseph M. Fisher, Chairman, and W. Tod McGrath along with associate member Mario Romania, Jr. Planning Board members present were Paul Healey, Susan Murphy, Judy Sneath, Gary Tondorf-Dick and Sarah Corey.
The Property is located in Business District A in which a retail store is a use permitted as-of-right, while a sit-down/take-out restaurant is a use regulated by Special Permit A2. The Applicant’s proposed space is approximately 1,072sq.ft. located at the end of the Pride Building. The previous tenant was a clothing retailer. The Applicant proposes to open a retail cheese shop offering gourmet items as his primary use, but plans to include 15 interior seats ancillary to the retail shop.
During the course of the hearing, the Applicant explained that he primarily plans to engage in the retail sale of artisan cheeses and other gourmet type of items on a to-go basis. However, the Applicant stated that he felt in order to make the business successful and as a convenience to customers he would like to offer interior seating as he will also offer sandwiches. There is no plan for wait staff and all plates and utensils will be plastic.
No changes are being made to the exterior of the building; there is a back door with a small loading area provided, along with a common dumpster used by the tenants of the Pride Building that is emptied regularly. The Applicant explained that deliveries will be made occasionally via smaller UPS type of trucks. According to the Applicant’s lease the basement area can be used for storage only. The hours of operation proposed by the Applicant were no earlier than 11:00 a.m. with a closing time of 7:00 p.m. The Applicant also state they would more than likely be closed on Sundays.
In accordance with Section I-G and I-I of the Zoning By-Law, the Planning Board reviewed the Applicant’s proposal and determined that the proposed work was limited to interior renovations and did not materially or adversely affect conditions governed by the Site Plan Review standards set forth in Section I-I 6. Therefore the Planning Board voted to waive the requirement for Site Plan Review in association with the Special Permit A2.
The Planning Board did however discuss with the Applicant the proposed use and the effect it has on the off-street parking requirements set forth in the Zoning By-Law. Because the Applicant’s lease includes two dedicated parking spaces behind the Pride Building, and is grandfathered with two additional spaces from the previous retail use (for a total of four spaces), the Applicant complies with the requirements set forth in the off-street parking requirements of Section V of the Zoning By-Law. Therefore the Planning Board determined that a Special Permit A3 was not required.
Board of Appeals members benefited from hearing the Planning Board’s comments regarding the Special Permit A3 parking determination and its final determination on the waiver of Site Plan Approval.
FINDINGS AND DECISION:
Based on the information submitted and received at the hearing, and on other information available to the Board, the Board made the following findings:
1. The operation of the proposed retail/restaurant use is in harmony with the general purposes and intent of the Zoning By-Law.
2. The proposed use complies with the applicable purposes and standards of the Zoning By-Law.
3. The Property is an appropriate location for the operation of the proposed retail/restaurant use.
4. The potential adverse impacts of the operation of the retail/restaurant use will be adequately mitigated.
5. The operation of the proposed retail/restaurant will not create a nuisance or serious hazard to vehicles or pedestrians.
6. Adequate and appropriate facilities will be provided for the proper operation of the retail/restaurant use.
Therefore the Board of Appeals voted unanimously to GRANT the requested Special Permit A2 to operate a 15 seat sit-down/take-out restaurant ancillary to the retail gourmet shop in a portion of the Pride Building at 19 a.k.a. 21 Main Street in Business District A.
This Decision shall not become effective until (i) the Town Clerk has certified on a copy of this decision that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that if such an appeal has been filed, that it has been dismissed or denied, and that (ii): a copy thereof has been duly recorded in the Plymouth County Registry of Deeds and indexed in the grantor index under the name of the owner of record.
For the Board of Appeals,
W. Tod McGrath
March 1, 2010