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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant and Perry South Shore Development, LLC
Property Owner 20 Winthrop Square
Boston, MA 02110
Premises: 2 Pond Park Road
Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds Book 38590, Page 222
Land Court Certificate of Title No. 114738, Document No. 664445,
Book 573, Page 138
SUMMARY OF PROCEEDINGS
This
matter came before the Board of Appeals on the application of Perry
South Shore Development, LLC, (the “Applicant”), 20 Winthrop Square,
Boston, MA for a 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
building and ground signs at the recently constructed medical office
building at 2 Pond Park Road, (the “Property”) in the Industrial Park
District.
A public hearing was duly noticed and held on August 4,
2011 at the Town Hall, 210 Central Street. The Board of Appeals panel
consisted of its regular members: W. Tod McGrath, Chairman, Joseph M.
Fisher and Joseph W. Freeman. The Applicant was represented Attorney
Jeffery Tocchio, together with Thomas Valeri of SignDesign, Inc., and
the Owner’s representative William Constable.
BACKGROUND
This
Property, which is approximately 6.3 acres, is located at the front of
the South Shore Industrial Park and is bounded by Derby Street and the
Southeast Expressway. The Applicant has constructed a 73,839 square
foot, 3-story medical office building, with 399 off-street parking
spaces (the “Project”). The medical office building was approved via a
Special Permit issued by the Board of Appeals on April 6, 2010.
The
Applicant is proposing to erect two building signs, one 195 sq. ft. in
area and one 136 sq. ft. in area, to be affixed above the third floor
windows on the southerly façade facing Pond Park Road. In addition, two
exempted address identification signs (one at 8 sq. ft. and one at 104
sq. ft.), which read “2 Pond Park”, are proposed. The building signs
are proposed to be halo backlit behind opaque individual symbols,
without light spill or glare emanating from the signs.
The
Applicant also proposes to locate a total of three (3) ground signs,
one at each curb opening on Pond Park Road. They will be comprised of
one (1) Directory Sign, (60 sq. ft.) which will be 5’4” wide and
11’9-3/8” tall (thus exceeding the height limitation by 1’9-3/8”) at the
curb opening closest to Derby Street, and two (2) Directional Signs,
(19.5 sq. ft. each) which will identify a “Staff Entrance” and
“Deliveries”. The Directory Sign and Directional Signs are proposed to
be setback 10’ from the existing vertical granite curbing; however, the
signs will be setback only 1’ from the right of way line, thus requiring
a Variance from the setback requirement of the Zoning By-Law. The
Applicant represented that the Project will generate approximately 1,810
new vehicle trips per day, which will access the Property via three
curb openings.
DISCUSSION
During the course of the public
hearing the Applicant represented that the northern portion of the Pond
Park Road frontage is improved with an extensive wall system, with
elevated paved parking area and slope landscaping located at the
Property corner of Derby Street and Pond Park Road. The elevated area
serves as the on-site private septic disposal area, and the wall is also
designed as a septic system component which is capable of withstanding
leachate break-out. The entrance onto Pond Park Road from Derby Street
is a divided boulevard, with extensive ledge outcroppings in the median
divider. According to the Applicant these topographical features are
unique to the Property and are likely to present vehicular visibility
challenges to first-time visitors to the Property. The Applicant, and
the medical-provider tenants, seeks to direct visitors to the building
to the northern most parking area, adjacent to the building front
entrance. Delivery and employee access and parking is concentrated at
the south side of the building, to prevent crowding and conflicts with
patient parking needs. Early day-surgery appointments will require
patients to arrive at the property in darkness during the winter months.
The
Board and the Applicant discussed the two building signs first and the
Board determined that the size of the signs met the requirement under
the Zoning By-Law (which allows for one parallel building sign not
exceeding 10% of the wall area) and relief was needed for the total
number of signs only. The Board also agreed with the Applicant’s
assertion that the two address signs are exempt. The building signs,
excluding the address signs, comprise only 5% of the wall area to which
they will be affixed on the building, and that figure rises to only 6%
if the address signs were to be included in the calculation. The type
of lighting for the building signs proposed by the Applicant is the same
type of lighting previously approved by the Board of Appeals for both
the Derby Street Shoppes and The Launch at Hingham Shipyard.
The
Board and the Applicant subsequently discussed the three (3) ground
signs. The Applicant represented that the proposed signs are designed
to promote and allow the safe and efficient flow of patient vehicles,
employee vehicles and delivery vehicles, and to minimize traffic
conflicts in the main parking area. The Applicant also represented that
the signs are proportional to the scale of the building design, and
that the ground signs are proposed to be located a similar distance from
the road travel way as other existing ground signs within the adjacent
South Shore Park complex. Evidence was also presented that the total
ground signage proposed is only 23% of the signage allowed under the
Zoning By-Law in the Industrial District. Also, the Board brought to
the Applicant’s attention that the directory sign plan submitted with
the Application referenced internal illumination. The Applicant stated
they did not authorize this detail, and has not sought relief to allow
for internal sign illumination, which is prohibited under the Zoning
By-Law.
FINDINGS
Based on the information submitted and
received at the hearing, and on other information available to the
Board, the Board made the following findings:
Variances:
The
site is unique topographically, in that the junction of Derby Street and
Pond Park Road is dominated by an elevated wall, exposed ledge and a
divided boulevard layout, and the patient entrance is located across the
street from the entry travel lane. The final layout of the medical
office building and parking area was dictated by these topographic
constraints, and the need to site the private wastewater septic system,
with attendant elevation requirements and solutions both distant from
conservation resources and meeting the requirements of the local Board
of Health Regulations and Title V. While the Property has nearly 1,800
linear feet of frontage, the useable frontage is actually quite
constrained to the area most impacted by these topographic features.
As
a result of the unique conditions referenced above, strict adherence to
the letter of the Zoning By-Law would result in substantial hardship to
the Applicant, patients and the community. The hardships that would
result from this insufficient signage include inadequate identification
and notification of the patient entrance, which would likely result in
unsafe motorist distraction, diversion of traffic further into the South
Shore Park, as well as the generation of additional, circuitous,
vehicular traffic.
The Applicant may have sought to erect
significant areas of ground signage as of right to ensure delivery of
directory and directional information. However, the Applicant has
elected to seek Variances to allow for the erection of efficient signage
which would compliment both the Property and the streetscape. Strict
adherence to the Zoning By-Law would result in a directory sign erected
of greater width and area, as well as the siting of larger directional
signs approximately 20’ distant from the face of the curb on Pond Park
Road. The Variances requested will allow for the erection of a
directory sign only 40% of the area allowed, less than 2’ over the 10’
height limitation, as well as the placement of the three (3) signs set
back 1’ from the property frontage, yet set back 10’ from the granite
curb at the edge of the travel way. As such, the Variances requested
will allow for the use of significantly less overall signage area;
however, the reduced areas are expected to be sufficient to promote the
safe and efficient flow of patient vehicles, employee vehicles and
delivery vehicles, and the minimization of traffic conflicts in the main
parking area.
Special Permit A1:
We have determined that the
signage program, which includes one 195 sq. ft. building sign, one 136
sq. ft. building sign, together with one 60sq. ft. directory ground sign
and two 19.5 sq. ft. directional ground signs are:
1. in harmony with the general purpose and intent of the Zoning By-Law;
2. comply with the applicable purposes and standards of the Zoning By-Law;
3. are in an appropriate location for the operation of the proposed medical office use;
4. will create positive impacts;
5. will create no hazardous impacts to vehicles or pedestrians;
6. is supported by appropriate facilities; and
7. will meet all accepted design standards.
RULINGS AND DECISION
At the conclusion of the public hearing the Board of Appeals unanimously voted the following:
1.
GRANT a Special Permit A1 under §V-B to locate two (2) halo-lit
building signs, one (1) 195sq. ft. in area and one (1) 136sq. ft. in
area, to be affixed above the third floor windows southerly façade
facing Pond Park Road;
2. GRANT a Variance from §V-B to allow for a reduced one (1) foot setback for each of the three (3) ground signs; and
3.
GRANT a Variance from §V-B to allow for the construction of a directory
sign in excess of 10’ in height with the condition any change in the
dimensions of the directory sign must be presented to the Zoning
Administrator for determination as to whether such change constitutes a
minor change, which may be approved by the agent, or a significant
change, which must be presented to and approved by the Board of Appeals.
Other conditions include:
• No signs are allowed to be internally illuminated
•
Any future addition of signs at the Property following opening and
operations shall be presented to the Board of Appeals as a request for
modification of this Special Permit.
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
August 26, 2011
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