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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant and D’Angelo, Inc.
Property Owner: 323 Manley Street
West Bridgewater, MA
Premises: 12 Whiting Street
Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds Book 5527, Page 460
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals on the application of D'Angelo Inc., 323 Manley Street, W. Bridgewater, MA (the “Applicant”) for Special Permit A1 under §V-B along with Variances from §V-B of the Zoning By-Law and such other relief as necessary to install multiple building and ground signs at the recently permitted TD Bank building at 12 Whiting Street (the “Property”), in Business District B.
A public hearing was duly noticed and held on January 23, 2013, at the Town Hall before a panel consisting of regular members Joseph M. Fisher, Chairman, Joseph W. Freeman and W. Tod McGrath. The Applicant was represented by Attorney Robert Devin.
BACKGROUND
On December 6, 2012 the Board of Appeals and Planning Board issued a decision to the Applicant to construct a ±2,500sq.ft. retail TD Bank with a drive-up teller and ATM on the Property along with a modification to the Special Permit dated January 27, 1989 to eliminate the requirement for shared parking with the adjacent property at 6 Whiting Street. At that time, the Applicant did not request any relief for building or ground signs. The Applicant is now proposing the following signs on the Property:
A Special Permit for:
- 24sq.ft. ground sign
- 2 wall signs totaling less than 30sq.ft.
- directional signs (2 at 8sq.ft. each)
- 4 hours of operation signs, 2 (1.77sq.ft.) on the interior of the front and back facing windows, 2 (2.66sq.ft) on the columns facing drivers approaching the drive through
Variances are needed for the following because these signs include the bank’s logo and name and therefore they are not considered incidental signs under Section V-B of the Zoning By-Law:
- directional signs (2 at 8sq.ft. each)
- 4 hours of operation signs, 2 (1.77sq.ft.) on the interior of the front and back facing windows, 2 (2.66sq.ft) on the columns facing drivers approaching the drive through
In reviewing the application, the TD Bank logo was also shown on the bike rack and two door pulls.
With the application the Applicant submitted the following:
- Unstamped Plans (6 sheets) dated 7-23-12 prepared by Bergmeyer Associates, Inc., 51 Sleeper Street, Boston, MA, showing proposed signs on building and ground
- Unstamped Plans (2 sheets) dated 10-30-12 prepared by Bergmeyer Associates, Inc., 51 Sleeper Street, Boston, MA, entitled A201-Exterior Elevations and A202-Signage Details
- Hours of operation sign plans (2 undated pages, preparer unknown)
DISCUSSION:
During the hearing, the Board and the Applicant discussed the ground sign. The ground sign will meet both the height and setback requirements of the district. Based on these factors, as well as the location of the new building, the Board was in agreement that the size of the sign as proposed will help to convey information safely and effectively to pedestrians and motorists.
The Board was also in agreement with the placement and size of the building signs. However, the Board and the Applicant discussed the potential for other Liquid Crystal Display (LCD) screens that may be placed in the interior of the bank as has happened at the TD Bank located at 421 Lincoln Street, Hingham. These LCD screens, which are viewable through the windows, operate by passing electricity through a small liquid which create the appearance of internally illuminated signs which are not allowed under Section V-B of the Hingham Zoning By-Law. The Applicant represented that, if placed, these can be regulated by requiring timed turn on one hour prior to business opening and timed shut off one hour after business closing.
The Board and the Applicant subsequently discussed the 4 hours of operation signs, 2 placed on the interior of the front and back facing windows of the building and 2 placed on the columns facing drivers approaching the drive through. Because these signs include the bank’s logo and name they are not considered incidental signs under Section V-B of the Zoning By-Law and need relief from the Board. Based on the overall size and location of these signs, the Board determined that they fit with the overall site design and sign proposal.
The Board determined that the 2 directional signs can be placed without the need for the bank logo and therefore would not need zoning relief. The Board and the Applicant also discussed the bank logo’s to be placed on the bike rack and two door handles which would constitute additional signs as regulated under Section V-B of the Zoning By-Law. The Board determined that the bank logo should be removed from the bike rack but felt the logo placed on the door handles would fit with the overall site design.
FINDINGS and DECISION:
A literal enforcement of the Zoning By-Law would result in signs that are insufficient in number to convey information safely and effectively to pedestrians and motorists. Additionally, the Board finds that granting the requested relief will enhance the public good by providing ample and visible signage, which will promote the safe and efficient flow of pedestrian and vehicular traffic both on the Property and off-site.
Therefore, at the conclusion of the public hearing, the Board of Appeals voted to GRANT the Special Permit and Variances for:
- 24sq.ft. ground sign
- 2 wall signs totaling less than 30sq.ft.
- 4 hours of operation signs, 2 (1.77sq.ft.) on the interior of the front and back facing windows, 2 (2.66sq.ft) on the columns facing drivers approaching the drive through
- 2 door handle logo/sign (each less than 1sq.ft.)
The relief is granted subject to the conditions:
- signs are to be installed according to the plans submitted with the application and representations made at the public hearing with the following exceptions:
- 2 directional signs (8sq.ft. each) are allowed but shall not include bank logo or advertising of any kind
- bank logo/sign to be removed from bike rack
- interior LCD screens to be turned on no earlier than one hour before business opening and turned off no later than one hour after close of business
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,
_____________________
W. Tod McGrath
March 11, 2013
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