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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,