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Board of Appeals
VARIANCE DECISION
IN THE MATTER OF:
Applicant: SES on behalf of Fidelity Investments
c/o J. Charley Schalliol
6001 Nimtz Parkway
South Bend, IN 46628
Property Owner: Corporate Center of Hingham, LLC
100 Ledgewood PLace, Suite 301
Rockland, MA 02370
Premises: 50 Derby Street
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds Book 41948, Page 147
Plan Reference: Site plan entitled, "ALTA/ACSM Land Title Survey,
Bare Cove Executive Office Park," prepared by BSC Group, 15 Elkins
Street, Boston, MA, dated January 19, 2012 and a "Fidelity
Investments Variance Submittal" plan set, depicting Aerial, Site
Plan and Setbacks, Traffic Patterns, Allowed vs.Proposed Signage
Locations, Proposed Signage and Location, Approaching Views and
Grade Change, prepared by SES, undated.
SUMMARY OF PROCEEDINGS:
This matter came before the Zoning Board of Appeals (the "Board") on
the application of Site Enhancement Services ("SES") on behalf of
Fidelity Investments (the "Applicant") for a Variance from § V-B of the
Zoning By-Law (the "By-Law") and such other relief as necessary to
install halo-illuminated wall signage on the north elevation of the
multi-tenant building at 50 Derby Street in the Industrial Park and
South Hingham Development Overlay District.
A public hearing was duly noticed and held on Wednesday, January 14,
2015 at the Hingham Town Hall. The Board panel consisted of its regular
members W. Tod McGrath, Chairman, and Joseph M. Fisher and associate
member Robyn Maguire. The Applicant was represented by J. Charley
Schalliol of SES and Frank P. Giglio, President of Corporate Center of
Hingham, LLC. At the conclusion of the hearing, the Board voted
unanimously to grant the requested relief with conditions.
Throughout its deliberations the Board has been mindful of the
statements of the Applicants, their representatives, and comments of the
general public, all as made or received at the public hearing.
BACKGROUND AND DISCUSSION:
The subject property is located at the corner of Derby Street and
Recreation Park Drive and includes two office buildings built in the
1980s. Fidelity Investments plans to occupy a tenant space within a
portion of the front building. The operation will consist of an
investment center, where there will be some walk-in clientele and
conferences. Vehicular access to the property is located off of
Recreation Park Drive and the building, including its main entrance, is
oriented to the parking area behind the building.
Footnote 4 to the Schedule of Sign Regulations under Section V-B, 3.
of the Zoning By-Law requires business wall signs in multi-tenanted
buildings to be "affixed to that portion of the wall which forms a part
of the enclosure of such premises..." As literally enforced, this would
require Fidelity to install its sign in a location that would only be
visible to motorists traveling west on Derby and south on Recreation
Park Drive. The applicant proposes instead to place a sign on that
portion of the building parallel to Derby Street, which will improve
visibility and help direct motorists to the business. Relief would not
result in sign clutter as there is presently no other wall signs on this
portion of the building.
During the hearing, members asked several questions about the
illumination. The Applicant confirmed that the levels of lighting will
be consistent between the "Fidelity" and "Investments" portions of the
sign and would be placed on dimmers. The Property Owner also confirmed
that there are no plans to locate a sign on other building facades. The
Owner indicated that he tries to limit signage on the building, but he
believes that the proposed plan represents the only logical place to
locate Fidelity's sign.
FINDINGS AND DECISION:
Upon a motion made by Joseph Fisher and seconded by Robyn Maguire,
the Board voted unanimously grant the requested Variance from § V-B of
the By-Law to install halo-illuminated wall signage on the north
elevation of the multi-tenant building at 50 Derby Street in the
Industrial Park and South Hingham Development Overlay District.
In granting the requested relief, the Board found that:
1. Circumstances related to the location of the property at the
corner of Derby Street and Recreation Park Drive as well as the buildig
layout and orientation to these streets. The property has frontage along
Derby Street; however, there is just one wall with exposure to the
major roadway. Vehicular access to the property is located off of
Recreation Park Drive and the building, including its main entrance, is
oriented to the parking area behind the building. Additionally, the
building sits approximately 65' from and at a higher grade than Derby
Street. The building orientation and and site topography especially
affect the property and not generally the zoning district in which it is
located.
2. Literal enforcement of the Zoning by-Law would involve substantial
hardship, requiring Fidelity to place its wall signage on a portion of
the building not readily visible to motorists travelling on Derby
Street.The proposed office use of the site depends on visible signage,
since Fidelity expects to have drop-in visitors and clients.
3. Desirable relief may be granted without substantial detriment to
the public good. The proposed signage location support the allowed
office use of the building and allow safe travel and wayfinding for
motorists..
4. The requested Variance may be granted without nullifying or
substantially derogating from the intent or purpose of the Zoning
By-Law. The relief will allow the property to serve its intended uses.
The Variance is granted subject the following conditions:
1. That all work be performed in accordance with the plans referenced and representations made at the public hearing.
2. There shall be no wall signage placed in the location that would otherwise be permissible under the By-Law.
3. The lighting shall be installed with an appropriate level of
intensity and to the satisfaction of the Building Commissioner.
The zoning relief granted herein 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 such an appeal
has been filed within such time, and that (ii) a copy of the decision so
certified 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 or is recorded and noted on the owner's certificate of title.
For the Zoning Board of Appeals,
__________________________
W. Tod McGrath
March 4, 2015
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