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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

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.

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.

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