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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant: WSM Hingham Properties, LLC
S. R. Weiner & Associates, Inc.
1330 Boylston Street
Chestnut Hill, MA 02167
Premises: 100 Derby Street
Hingham, MA
Title Reference: Plymouth County Registry of Deeds Book 20043, Page 290
SUMMARY OF PROCEEDINGS:
This
matter came before the Zoning Board of Appeals on the application of
WSM Hingham Properties, LLC (the “Applicant”) for modification to the
existing Special Permit A1 and Variances dated February 10, 2003, as
amended through August 22, 2005, under §V-B of the Zoning By-Law and
such other relief as necessary to allow a 71.74sq ft. sign on the facade
of the Summer Shack restaurant at the Derby Street Shoppes, 96 Derby
Street (the “Property”), a Retail Group in the Industrial Park District.
A public hearing was duly noticed and held on Thursday,
December 3, 2009, in the Town Hall at 210 Central Street. The panel
consisted of regular members Joseph M. Fisher, Chairman, W. Tod McGrath
and Joseph W. Freeman. The Applicant was represented by restaurant owner
Jasper White, Richard Simmons of A/E/C Solutions and Carolyn Kennedy,
Site Manager for Derby Street Shoppes. No comments were received from
other Town boards or officials or abutters.
BACKGROUND and DISCUSSION:
This
Property has been the subject of previous hearings and decisions by the
Zoning Board of Appeals relative to the overall design and layout of
the shopping plaza. The hearings and decisions were extensive and have
addressed numerous topics including signs, parking and location of
facilities within the site.
When the Derby Street Shoppes were
originally permitted in 2002 and 2003 a substantial amount of time was
spent on tenant building signs. At that time the Board found that the
sign regulations applicable to the Industrial Park District did not
adequately anticipate, and were not practical in application to, a
large, multi-tenanted shopping center such as the Derby Street Shoppes.
The Board recognized that a viable shopping center must allow each
tenant to promote its presence within the center, and that the shopping
center as a whole needs to create an identity through signage. The Board
also found that customary signage concerns are of less significance in
this particular case because the shopping center will for the most part
be self-contained, meaning that most of the signage at issue will not be
visible from adjacent roadways.
Therefore previous permits
issued for signs included a sign protocol for the various buildings and
locations on the site. Specifically, each tenant is allowed to have one
primary sign located on their storefront, with a maximum of two primary
signs permitted where the tenant has more than one prominent exterior
façade and/or more than one main entrance with sidewalk access. The
location of this restaurant does not have more than one prominent
exterior façade nor does it have more than one main entrance with
sidewalk access, therefore additional relief is needed.
The
Applicant has received a total of 118sq.ft. of approved signage for the
restaurant (one primary and supplemental signs on awnings); under the
permit they would be allowed to have a total of 209sq.ft. of primary and
supplemental signage. The Applicant is proposing to add an additional
“mural” type of sign measuring 71.74sq.ft to the front of the façade
bringing the total square footage for signs to 190sq.ft. This “mural”
type of sign is considered an additional primary sign for this location.
During the course of the hearing it was determined that relief
in the form of a modification to the Special Permit A1 was the only
relief needed as the Variances previously granted were specific to signs
for corner buildings, awnings, blade signs and buildings facing Route
3. Therefore the Board dismissed the need for a Variance deeming it
unnecessary.
FINDINGS AND DECISION:
Based upon the
application and representations made at the public hearing, the Board
determined that the proposed modification to allow an additional “mural”
type sign on the facade of the restaurant at the Derby Street Shoppes
will not adversely affect the health, safety or welfare of the general
public, or the Town generally, nor create adverse impacts on its
surrounding area.
The Board voted unanimously to GRANT the
modification to the existing Special Permit A1 to allow a 71.74sq.ft.
sign on the facade of the Summer Shack restaurant at the Derby Street
Shoppes subject to the following conditions:
1. sign to be installed in accordance with plans presented and representations made at the hearing, and
2. sign is limited to this Applicant only and is not transferable to succeeding tenants.
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 if such an appeal has
been filed, that it has been dismissed or denied, and that (ii) a copy
thereof 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,
__________________________
W. Tod McGrath
January 21, 2010
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