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TOWN OF HINGHAM
Board of Appeals
NOTICE OF DECISION
IN THE MATTER OF:
Owner: D’Angelo, Inc. Agent: Robert L. Devin, Esq.
323 Manley Street 80 Washington Street
West Bridgewater, MA 02379 Norwell, MA
Property: 12 Whiting Street, Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds Book 5527, Page 460
Plan References: Signage plans entitled, “TD Hingham, 12 Whiting Street, Hingham, MA,” prepared by Bergmeyer Associates, Inc., 51 Sleeper Street, Boston, MA, dated July 23, 2012, (6 Sheets)
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals (the "Board") on the application of D’Angelo, Inc. (the “Applicant”) for a Variance from § V-B of the Zoning By-Law (the “By-Law”) and such other relief as necessary to reissue an expired Decision, dated March 11, 2013, permitting installation of multiple ground and building signs for TD Bank at 12 Whiting Street in Business District B.
A public hearing was duly noticed and held on June 20, 2017 in Hingham Town Hall. The Board panel consisted of its regular members Joseph W. Freeman, Chairman, Robyn S. Maguire, and Joseph M. Fisher. Attorney Robert L. Devin, Devin, Barry, Murray & Austin, appeared to present the application. At the conclusion of the hearing, the Board voted unanimously to grant the requested relief, with conditions as set forth below.
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 hearing.
The Board of Appeals and Planning Board issued decisions in 2012 allowing for the construction of a 2,500 SF (±) retail TD Bank with a drive-up teller and ATM on the subject 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. The following year, the Applicant sought and attained the following signage-related permits from the Board of Appeals:
Special Permit A1 for:
• 24 SF ground sign
• 2 wall signs totaling less than 30 SF
• 2 (8 SF) directional signs
• 4 hours of operation signs, 2 (1.77 SF) on the interior of the front and back facing windows, 2 (2.66 SF) on the columns facing drivers approaching the drive through
• 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
• Door Pulls with TD Bank Logo
The Applicant also received a demolition permit and commenced site work before the project went dormant. Several extensions were permitted of the above referenced special permits and site plan approvals; however, the signage variance expired. The Applicant now seeks to renew the relief.
Based on the information submitted and presented during the hearing, and the deliberations and discussions of the Board during the meeting, the Board found that:
1. There are circumstances relating to soil conditions, shape or topography especially affecting the land but not affecting generally the zoning district. The lot is affected by an irregular shape, particularly narrow and deep. This circumstance, in combination with the placement of the approved structures on the lot, are not generally found in the zoning district.
2. The literal enforcement of the Bylaws would involve substantial hardship financial or otherwise. Literal enforcement would inhibit improvement of safe maneuvering of vehicle on the commercial property. A grant of a Variance in this instance will allow for proper signage to direct customers through the property.
3. A variance may be granted without substantial detriment to the public good. The proposed signage locations and designs will enhance the visibility of the approved bank and eliminate any potential traffic hazards to motorists and pedestrians on the site. There will be no adverse effects on the neighborhood and there will be no harm to the public good.
4. A variance may be granted without nullifying or substantially derogating from the intent or purposes of the Bylaw. The proposed signage will allow for the effective promotion of permitted business operations on the site in a safe manner. The granting of a dimensional variance in this instance is consistent with the purposes of the By-Law.
Upon a motion made by Joseph M. Fisher and seconded by Robyn S. Maguire, the Board voted unanimously to GRANT the request for a Variance from § V-B of the By-Law and such other relief as necessary to reissue an expired Decision, dated March 11, 2013, permitting installation of multiple ground and building signs for TD Bank at 12 Whiting Street in Business District B, subject to the following conditions:
1. The Applicant shall install the signage according to the plans submitted with the application and representations made at the public hearing with the following exceptions:
• 2 (8 SF) directional signs 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,
Joseph W. Freeman
August 10, 2017