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TOWN OF HINGHAM
Board of Appeals

NOTICE OF DECISION
VARIANCE

IN THE MATTER OF:

Owner/Applicant: Hewitts Landing Condominium Trust
Jane Freeman, Trustee
106 USS Buckley Place
Hingham, MA 02043

Property: Hewitts Landing Condominiums (Map 36 Lot 108)

Deed Reference: Plymouth County Registry of Deeds, Book 38667, Page 257

Plan References: Signage location plan entitled, "Hewitts Landing, A Waterfront Community,” unstamped and undated

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals (the “Board”) on the application of Hewitts Landing Condominium Trust, Jane Freeman, Trustee (the “Applicant”), for a Variance from § IV-G of the Zoning By-Law (the “By-Law”) and such other relief as necessary to locate free standing signs within the required 20’ setback from a roadway within the Hewitts Landing Condominium (Map 36 Lot 108) in the Industrial District.

The Board opened the hearing on the application at a duly advertised and noticed public hearing on March 15, 2017, along with a concurrent hearing on a simultaneously filed application to revise the residential development signage program within the Hewitts Landing Condominium approved through the Mixed Use Special Permit for the Hingham Shipyard Redevelopment, issued May 12, 2003, as amended. The Board panel consisted of its regular members Robyn S. Maguire, Acting Chairman, and Joseph M. Fisher and associate member Jim Blakey. The Applicant was represented during the hearing by Jane Freeman, Liz D’Allessandro, and Dan Dolan, Trustees of the Hewitts Landing Condominium.

At the conclusion of the proceedings, the Board voted unanimously to grant the requested relief with conditions contained herein. Throughout its deliberations, the Board has been mindful of the statements of the Applicant and the comments of the general public, all as made or received at the public meeting.
BACKGROUND

The Applicant seeks approval to maintain a number of existing ground signs installed by the condominium developer, Lennar Holdings, in their current location. Additionally, the Applicant would like to update the message displayed on several existing signs throughout the development from “Private Property, No Tresspassing, Violators will be Prosecuted” to “Hewitts Landing, Private Townhomes Community, Please keep pets off grass and flowerbeds.” Through both the Special Permit Modification and the Variance applications, the Applicant hopes to remedy existing zoning violations associated with the current signage on the Property.

In terms of the requested dimensional relief, § IV-G.11.b.iii.c requires that freestanding signs associated with residential buildings in a mixed-use development be setback a minimum distance of 20’ from a roadway. There are four signs on the Property that do not comply with this standard. The existing and proposed locations of these signs follow:

Address Setback
115 Staynor Drive 9-feet
131 Staynor Drive 9-feet
107 Amesbury Drive 9-feet
179 Staynor Drive 3-feet

During the course of its discussions, the Board noted that the proposed rewording is consistent with conditions imposed in its prior Decisions. Members also confirmed that the each freestanding sign otherwise complies with the maximum area and height requirements imposed by the By-Law.

FINDINGS

Based on the information submitted with the application and presented at the hearing, and the discussion and deliberation by the Board during the hearing, the Board made the following findings:

1. Circumstances related to soil, shape, or topography especially affect the land or structures in question: The lot is unusually shaped. The existing townhomes and roadways were designed and constructed in such a manner there is no other feasible location for signage intended to direct both visitors to the waterfront walkway and inform them of reasonable use regulations applicable within the development. These circumstances in combination do not generally affect the neighborhood.

2. The literal enforcement of the By-Laws would involve substantial hardship financial or otherwise. The layout of the development presents significant difficulties and hardship with locating signage in a manner that would be visible to the public. Absent relief, the Applicant would be prohibited from efficiently informing visitors of reasonable use regulations applicable within the development.

3. A Variance may be granted without substantial detriment to the public good. The signs pose no detriment to the public good in that they do not unduly restrict access to the publically accessible area of the property.

4. A Variance may be granted without nullifying or substantially derogating from the intent or purposes of the By-Law. Relief will not affect the general purposes of the By-Law. By properly directing visitors to the waterfront walkway and informing the public of reasonable use regulations applicable within the development, the proposed signage is consistent with the intent of the By-Law as expressed in Section IV-G.

DECISION

Upon a motion made by Jim Blakey and seconded by Joseph M. Fisher, the Board voted unanimously to grant the requested Variance from § IV-G of the By-Law to locate free standing signs within the required 20’ setback from a roadway within Hewitts Landing Condominium (Map 36 Lot 108) in the Industrial District.

This Decision is subject to the following conditions:

1. The Applicant shall maintain and reface the affected sign posts in a manner consistent with the approved plans and the representations made at the hearings before the Board.

2. The existing “Private Property, No Tresspassing, Violators will be Prosecuted” signs shall be removed no later than June 30, 2017. Thereafter the Applicant shall install the replacement signage within one year of this Decision.

3. No lighting shall be installed in connection with the signs.

4. Signage shall be substantially similar in design to the existing. The Applicant shall file the final plans for refaced signage with the Zoning Administrator prior to application for a signage permit from the Building Department.

For the Board of Appeals,


__________________________________
Robyn S. Maguire
June 7, 2017