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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant: ViewPoint Sign and Awning on behalf of Anchor Plaza Realty Trust
35 Lyman Street
Northboro, MA 01532
Property Owner: Anchor Plaza Realty Trust
134 East Howard Street
Hingham, MA 02043
Premises: 207-225 Lincoln Street
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds Book 22660, Page 46
Plan
Reference: Elevation and Photo Elevation Plans, prepared by
ViewPoint Sign and Awning, dated February 26, 2014,
and "Parking Improvement Plan," prepared by Hoyt
Land Surveying, 1287 Washington Street, Weymouth,
MA, dated April 30, 2013 and revised through Mat 15,
2013, Sheet C100
SUMMARY OF PROCEEDINGS:
This matter came
before the Zoning Board of Appeals on the application of ViewPoint Sign
and Awning on behalf Anchor Plaza Realty Trust (the “Applicant") for
Variances from §V-B of the Zoning By-Law and such other relief as
necessary to modify an existing pylon ground sign at 207-225 Lincoln
Street in Business District B.
A public hearing was duly noticed
and held on Wednesday, March 25, 2014, at the Town Hall before a panel
consisting of Associate Members Mario Romania, Jr., Acting Chairman,
Robyn S. Maguire and David W. Anderson. The Applicant was represented by
Scott Spaulding, Account Manager with ViewPoint Sign and Awning, and
Frank Collura, Property Manager.
BACKGROUND AND DISCUSSION:
The
subject property supports a multi-tenant shopping plaza. ViewPoint Sign
and Awning presented proposed modifications to the existing pylon
ground sign, generally intended to create a more cohesive design for
tenants within the plaza. The Applicant also proposes to add a brick
base to the sign that could serve as a planter.
The Board
initially granted size, height and setback variances to locate the
freestanding sign in its present location on January 6, 1988. The relief
has been modified over the years, and most recently in 1996 when a
fifth tenant sign was added. At that time, the lowest sign bar would
have been placed at a height of approximately 6' 2". The present
application maintains this height, but adds a light bar that will sit
approximately 5' from the ground at its lowest point.
No one appeared or wrote to the Board in support or opposition to the application.
FINDINGS AND DECISION:
The
Board voted unanimously to reaffirm the existing variances permitting
the size, height and location of the freestanding sign at 207-225
Lincoln Street in Business District B and GRANT the modification of the
structure as presented.
In granting the requested relief, the Board found that:
1.
Circumstances related to the shape of the property and location of the
building upon it, especially affect the Premises and not generally the
zoning district in which it is located.
2. Literal enforcement of
the Zoning by-Law would involve substantial hardship, and result in the
sign remaining in its current condition.
3. Desirable relief may
be granted without substantial detriment to the public good. The
improved design will have positive impacts on the overall appearance of
the development. Additionally, the light bar would not affect sight
distances for vehicles entering or exiting the sight.
4. The
requested Variance may be granted without nullifying or substantially
derogating from the intent or purpose of the Zoning By-Law. The sign
will remain similar in overall size and the previously permitted setback
will not be changed. The Board also determined that the brick planter
base surrounding the modified ground sign will not create increase the
nonconforming front yard setback since it is not considered a structure
as defined by the Zoning By-Law.
The Variance is granted subject the following conditions:
1.
That all work be performed in substantial accordance with the
representations made at the public hearing and the plans submitted with
the application as referenced.
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,
__________________________
Mario Romania, Jr.
April 9, 2014
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