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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant: TD Bank
2 Portland Square
Portland, ME 04101
Owner: Rocky Reach LLC
12 Putter Run
South Weymouth, MA 02190
Premises: 421 Lincoln Street
Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds Book 28115, Page 39
SUMMARY OF PROCEEDINGS
This
matter came before the Board of Appeals on the application of TD Bank, 2
Portland Square, Portland, ME (the “Applicant”) for a Modification to
the existing Variances issued to Sea Chain, LLC, dated May 12, 2003 and
subsequently re-approved on March 20, 2006, as amended through February
24, 2010, from §IV-G, 11 and §V-B of the Zoning By-Law and such other
relief as necessary to allow multiple building and ground signs and an
externally-illuminated 24 sq.ft. monument sign with a maximum height of
10 feet at 421 Lincoln Street (the “Property”), in the Industrial
District.
A public hearing was duly noticed and held on
Thursday, May 20, 2010, with a continuation held on Thursday, June 10,
2010 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 along with William
Goebel of Bohler Engineering.
BACKGROUND
The Property
was included as part of the Hingham Shipyard redevelopment that was
initially permitted under a Mixed Use Special Permit in 2003. As part of
that permit, a sign program in the form of a Variance for the entire
129.5 acre mixed-use development was also approved. On March 20, 2006
the Board re-approved the 2003 Variance as time delays attendant to
other aspects of the mixed-use development rendered the property owners
unable to exercise the rights granted by the Variance.
On
February 16, 2010 the Board of Appeals issued a decision to Atlantic
Development and Investment as the contract purchaser to allow for the
construction of a 3,800 sq. ft. retail bank with attached drive-thru. At
that time, the Applicant did not request any relief for building or
ground signs. The Applicant is now proposing to modify the existing sign
program Variance as follows:
1. two (2) Halo-illuminated “TD”
shields (maximum letter height of 2’; 13.6 sq.ft. each) on the front and
left sides of the building tower element (on Lincoln Street and facing
R&R Marine building to the southwest);
2. one (1)
Halo-illuminated “TD Bank” channel letter sign (height 3’; 33.8 sq.ft.)
to the right of the front entrance (on Lincoln St);
3. two (2)
Halo-illuminated “TD Bank” channel letter signs (height 2.6’; 23.5
sq.ft.), one on the right side of the building (on Essington Drive) and
one on the back side of the building (facing the water);
4. two (2) “hours of operations” signs between each drive-thru lane (2.67 sq.ft. each) which include the TD Bank logo;
5. two (2) “look-up” signs between each drive-thru lane (2.67 sq.ft. each); and
6. one (1) externally-illuminated 24 sq.ft. monument sign with a maximum height of 10’.
Signs
that are also proposed and do not require zoning relief (because they
do not have the TD Bank logo or green stripe, and are under 4 sq.ft.)
include four (4) non-illuminated freestanding directional signs (2
sq.ft. each), three (3) clearance signs at the center of each drive-thru
lane (.27sq.ft. each), and two (2) drive-thru indicator signs between
each drive-thru lane (2.1 sq.ft. each)
DISCUSSION:
During
the hearing, the Applicant’s attorney explained that the TD Bank is to
be located on the Property consistent with the streetscape and Shipyard
re-development. This Property is surrounded by roadway on two sides
(Route 3A and Essington Drive) and newly-constructed buildings to the
east. The Property is characterized by features and conditions not
typical of other Industrially-zoned property within the Town, including
large parking areas, a riverfront area, and a network of public and
private ways featuring buildings that are visible on all sides. Attorney
Devin went on to explain that a literal enforcement of the Zoning
By-Law would cause a hardship to the Applicant and visitors to the
Property in that the signage contemplated under the By-Law would result
in signs of insufficient number to convey necessary information to
pedestrian and motorists and with sizes which are disproportional to the
overall size and scale of buildings.
The Board and the
Applicant discussed the five (5) building signs first, as Board members
were concerned with the total number of signs requested based on the
size and location of the building. Based on the discussion, the
Applicant subsequently agreed to reduce the number of building signs to
three (3). The Applicant is proposing halo-illuminated channel letters
and logo which is the type of lighting approved by the Board of Appeals
for “The Launch at Hingham Shipyard”, which is Samuels and Associates’
retail/residential portion of the re-developed Shipyard.
In the
existing Variances issued to Sea Chain, LLC, dated May 12, 2003,
approval was granted to the previous automobile dealership, of which
this Property was part, for a 50 sq.ft. ground sign 10’ in height with a
10’ setback. On November 20, 2009 the Board of Appeals issued a
decision to G.B. New England 2, LLC to demolish the existing 21,000
sq.ft. automobile dealership building and construct a 13,000 sq.ft. CVS
Pharmacy, directly across Essington Drive from the TD Bank building. On
February 24, 2010 the Board issued a modification to the Variance
decision to G.B. New England 2, LLC for signs for the CVS Pharmacy.
During the discussion for the CVS Pharmacy sign application, the Board
expressed their desire to place only one (1) ground sign that would
encompass both the CVS Pharmacy and TD Bank entities at the entrance.
Based on this discussion, G.B. New England 2, LLC requested a withdrawal
without prejudice for the CVS Pharmacy ground sign only, with the idea
that they would communicate with the applicant for the proposed bank
building and discuss the possibility of one ground sign for both
entities. Both G.B. New England 2, LLC and TD Bank’s representatives did
hold discussions on a joint ground sign, but ultimately could not agree
on one sign. Therefore, the Applicant has proposed an externally
illuminated 24 sq.ft. monument ground sign with a maximum height of 10’.
Attorney Devin stated his desire to amend the application by reducing
the height of the proposed sign to 7’.
The Board discussed the
fact that because the Applicant is proposing multiple building signs and
the Board also approved multiple building signs for the CVS Pharmacy
building, and that both buildings are prominently located along the
Route 3A corridor, the need for a ground sign was not warranted.
The
Board and the Applicant subsequently discussed the two (2) “hours of
operation” signs between each drive-thru lane (2.67sq.ft. each) which
include the TD Bank logo and the two (2) “look-up” signs between each
drive-thru lane (2.67sq.ft. each) as they also include reference to TD
Bank. 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.
FINDINGS
The Property is
unique both historically and topographically in that it is the former
site of the Bethlehem Steel Shipyard. In keeping with this historic
tradition, the redevelopment project has contemplated the construction
of large-scale buildings which carry forward the robust 1940’s
industrial-marine architecture of the original Shipyard. Further, the
unique topography of the Property results in limited site lines from
most vantage points in and around the Property. The Board finds that
these features and conditions are not typical of other Industrial zoned
properties within the Town.
A literal enforcement of the Zoning
By-Law would result in signs: (1) insufficient in number to convey
information safely and effectively to pedestrians and motorists; and (2)
disproportionate in area to the size and scale of the proposed
building. Therefore, the Board finds that strict adherence to the letter
of the Zoning By-Law in this case would cause a hardship to the
Applicant, visitors to the Property, neighbors and the Town generally.
More specifically, the signage contemplated under the By-Law would
impede the safe and efficient flow of pedestrians and vehicles to
shopping, parking and other public area destinations within the
redeveloped project site, of which this Property is a part.
Additionally,
the Board finds that granting the requested Modification to the
Variances 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, avoid traffic
or environmental impacts on neighborhoods, and encourage the economic
vitality of the Industrial District.
RULINGS AND DECISION
At the conclusion of the public hearing the Board of Appeals voted to GRANT the following:
1.
one (1) Halo-illuminated “TD” shield (maximum letter height of 2’; 13.6
sq.ft.) on the front of the building tower element on the Lincoln
Street side of the building;
2. one (1) Halo-illuminated “TD Bank”
channel letter sign (height 3’; 33.8 sq.ft.) to the right of the front
entrance on Lincoln Street;
3. one 1 Halo-illuminated “TD Bank”
channel letter sign (height 2.6’; 23.5 sq.ft.) on the right side of
building on Essington Drive);
4. two (2) “hours of operations” signs between each drive-thru lane (2.67 sq.ft. each), which include TD Bank logo; and
5. two (2) “look-up” signs between each drive-thru lane (2.67 sq.ft. each), which include the TD Bank name;
WITH
THE CONDITION that these signs are to be installed according to the
Site Plan (sheet 4 of 14) revised through 5/21/10 prepared by Bohler
Engineering stamped by William D. Goebel, RPE and rendering plans (14
pages) prepared by Bergmeyer Associates, Inc. dated 6/4/10.
The Board also voted to DENY the relief requested for one (1) externally-illuminated 24 sq.ft. monument ground sign.
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
July 8, 2010
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