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TOWN OF HINGHAM
BOARD OF APPEALS
Owner / Applicant: Perry South Shore, LLC, and John H. Spurr, Jr. and William G. Constable, Trustees of South Shore Industrial Park Trust
Four Pond Park Road
Hingham, MA 02043
Premises: 0 Route 3, Hingham, MA 02043
Zoning District: Industrial Park District / South Hingham Development Overlay District
Deed Reference: Plymouth County Land Court Certificate of Title No. 81824; Book 15247, Page 148
SUMMARY OF PROCEEDINGS:
This matter came before the Board of Appeals (the “Board”) on the application of Perry South Shore, LLC, and John H. Spurr, Jr. and William G. Constable, Trustees of South Shore Industrial Park Trust (the “Applicants”), Four Pond Park Road, Hingham, MA, for a Special Permit A1 under Section V-B of the Town of Hingham Zoning By-Law (the “Zoning By-Law”) to install building and ground signs for an automotive sales and service dealership at 0 Route 3, Hingham (the “Property”), in the Industrial Park District.
A public hearing was duly noticed and held on July 17, 2013, at the Town Hall, 210 Central Street. The Board panel consisted of Joseph W. Freeman, Chairman, and associate members Alan M. Kearney and Robin S. Maguire. The Applicants were represented by Attorney Jeffery A. Tocchio, together with Scott D. Turner of Nitsch Engineering, James Mullarkey of The Curtis Architectural Group, and Applicants’ representative William G. Constable.
BACKGROUND:
The Applicants propose to construct and operate an automotive sales and service dealership upon an 11.17 +/- acre lot that is located in the towns of Hingham and Rockland, and which is bisected by the town line. Approximately four (4.061) acres of the Property are located within Hingham. The Property is located south of the Route 3 southbound lanes, and is accessed via Hingham Street, Rockland. The proposed automotive dealership will consist of a single building, laid-out to separate the two distinct automotive brands (BMW/Mini).
The Applicants have proposed to install four (4) parallel building signs, and one (1) ground sign, in Hingham. Specifically, the Applicants propose to construct a principal building sign stating “South Shore Mini” (83.91 s.f.) on the upper northerly façade of the building, and a secondary building sign stating “South Shore Mini” (62.56 s.f.) and directional sign stating “Mini Service” (20.72 s.f.) on the southerly façade of the building. These building signs are proposed to be halo backlit behind opaque individual symbols, without light spill or glare emanating from the signs. The Applicants also propose to install a directional building sign identifying “Deliveries” (3 s.f.) on the easterly façade of the building. No building sign is proposed for the westerly façade of the building. In addition, the Applicants have proposed to construct a directional ground sign identifying “Mini Service” (3 s.f.).
DISCUSSION:
During the course of the public hearing, the Board and the Applicants first discussed the three illuminated building signs and the Board determined that the size of the signs met the requirement under the Zoning By-Law (which allows parallel building signs not exceeding 10% of the wall area to which that are affixed) and relief was needed for the total number of signs only. The principal building sign (“South Shore Mini”) comprises only 2% of the wall area to which it is affixed. The secondary building sign (“South Shore Mini”), above the main entrance to the Mini dealership, and directional building sign (“Mini Service”), announcing the location of the Mini automobile service department, comprise, combined, less than 4% of the building façade to which they are affixed. The type of lighting proposed for the building signs proposed by the Applicants is the same type of lighting previously approved by the Board for 2 Pond Street (Bone and Muscle Center), the Launch at the Hingham Shipyard and at Derby Street Shoppes.
The Board and the Applicants subsequently discussed the directional parallel building sign identifying “Deliveries” on the easterly façade of the building, which comprises less than 1% of the wall area to which it is affixed. Next, the Board and the Applicants discussed the installation of a directional ground sign identifying “Mini Service,” which will direct automobile traffic toward the Mini service entrance. The Board agreed with the Applicants’ contention that the sign is an exempted directional sign.
FINDINGS:
Based upon the information submitted and received at the hearing, and other information available to the Board, the Board has determined that the signage program, which includes (i) one 83.91 s.f. primary building sign, (ii) one 62.56 s.f. secondary building sign, (iii) one 20.72 s.f. building sign, (iv) one exempted 3 s.f. directional building sign, and (v) one exempted directional ground sign, are:
- In harmony with the general purpose and intent of the Zoning By-Law;
- Comply with the applicable purposes and standards of the Zoning By-Law;
- Are in an appropriate location for the operation of the proposed automotive dealership;
- Will create positive, rather than negative, impacts;
- Will create no hazardous impacts to vehicles or pedestrians;
- Is supported by appropriate facilities; and
- Will meet all accepted design standards.
RULINGS AND DECISION:
At the conclusion of the public hearing the Board unanimously voted to GRANT a Special Permit A1 under Section V-B of the Zoning By-Law to install: (i) three (3) halo-lit building signs, which include one 83.91 s.f. primary sign, one 62.56 s.f. secondary sign, one 20.72 s.f. sign; (ii) one exempted 3 s.f. directional building sign; and (iii) one exempted directional ground sign.
Other conditions included:
The grant of the Special Permit A1 under Section V-B of the By-Law is conditioned upon the submission of the technical specifications of the halo illumination by the Applicant to the Town Planner.
This decision shall not take effect until a copy of the decision bearing the certification of the Town Clerk, that twenty (20) days have elapsed since the decision has been filed in the office of the Town Clerk and no appeal has been filed, or that if such appeal has been filed, that it has been dismissed or denied, is recorded with the Plymouth County Registry of Deeds and/or the Plymouth County Land Court Registry, and indexed in the grantor index under the name of the record owner or is recorded and noted on the owner’s certificate of title.
For the Board of Appeals,
________________________
Joseph W. Freeman, Chairman
July 31, 2013
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