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NOTICE OF DECISION
Special Permit A3 (Parking Determination)
IN THE MATTER OF: Certified Mail# 7014 2120 0003 3809 8709
Applicant: David & Jessica Grundfast - South Shore Core
7 Winona Way
Hingham, MA 02043
Premises: 65 South Street
Hingham, MA 02043
Date: May 17, 2016
Background and Discussion:
This matter came before the Planning Board at a duly noticed public hearing on May 17, 2016. Planning Board members present were Sarah Corey, William Ramsey, Judith Sneath, and Jennifer Gay Smith. Associate Member Richard Cook was seated on this application also. The Application before the Board is a Special Permit A3 under §VA of the Zoning By-Law for a parking determination, with waivers if necessary along with a request for waiver of Site Plan Review, to allow a health club specializing in small class fitness programs within an existing 1,500 SF second floor unit at 65 SOUTH STREET, located in the Business A and Downtown Overlay Districts.
David Grundfast presented his application. He said that the maximum class size is 10 and there would be one instructor per class. The goal is to offer 6 classes of 50 minutes length a day. They are flexible as to timing as they do not want to interfere with the other business in the downtown area. They have proposed hours of operation that are off peak for that reason. The Board discussed the schedule with the applicant and agreed that classes would fall into the following timeframes: Monday-Saturday until 10:30 am; Sundays until 2 pm; Sunday-Friday classes may resume at 4 pm.
The Board noted that the Downtown Parking Study classifies this area as “shopping center” which would be a retail calculation for parking (5 spaces/1000 sf). Business uses are afforded a 25% parking reduction in the overlay district so the resultant 7.5 spaces would be reduced to ~6 space demand for retail in that location. This use would have a parking demand of 11 spaces providing the classes do not overlap, in which case more spaces would be used. The Board discussed the variability of parking availability in the Square. The Board also noted that they typically require a lookback in one year to see if any adjustments are needed, and, advised the Applicant that he could return to modify the permit as needed also.
Findings and Decisions:
After additional discussion, the Board Moved, Seconded and so VOTED to waive Site Plan Review, as there was no physical work associated with this application. The Board then made findings per Section V-A, 6 in the By-law, as follows:
a) The parking is sufficient in quantity to meet the needs of the proposed project;
• The project proposes hours of operation that are off peak for the other users in the downtown area. (Monday-Saturday until 10:30 am; Sundays until 2 pm; Sunday-Friday classes may resume at 4 pm)
• The downtown is a mixed use district with shared parking.
• A modification of this application is required to extend or change the hours of classes beyond this proposal.
• Class size is 10 student maximum
b) Pedestrian access and circulation has been provided for;
c) New driveways have been designed to maximize sightline distances to the greatest extent possible;
d) It is impractical to meet these standards and that a waiver of these regulations will not result in or worsen parking and traffic problems on-site or on the surrounding streets, or adversely affect the value of abutting lands and buildings and
• The Applicant has no opportunity to build additional parking, so they have proposed hours of operation that fall into the times when there is more parking available.
• Applicant shall come back to the planning board one year after opening to discuss any concerns, or, if any changes to the permit conditions are warranted.
e) The granting of relief is consistent with the intent of this By-Law and will not increase the likelihood of accident or impair access and circulation.
• The By-law was changed to encourage mixed use development in the Downtown Overlay District. The space is existing and has been occupied by various businesses in the past so there has been parking demand generated and met for this space previously.
The Board then Moved, Seconded, and SO VOTED to Approve the Special Permit A3 parking determination and waiver for South Shore Core at 65 South Street as presented at the hearing, with the following conditions:
1. Applicant shall come back to the planning board one year after opening to discuss any concerns, or, if any changes to the permit conditions are warranted.
2. Classes will occur in the following timeframes: Monday-Saturday until 10:30 am; Sundays until 2 pm; Sunday-Friday classes may resume at 4 pm.
3. Applicant must return to the Board and modify the permit to change the schedule.
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.
Town of Hingham Planning Board,
Sarah H. Corey, Chairman
Cc: Town Clerk, Building Department, Assessors
EXECUTED this _____ day of May, 2016