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TOWN OF HINGHAM
Board of Appeals

NOTICE OF DECISION
SPECIAL PERMIT

IN THE MATTER OF:

Applicant: Panek Donuts, LLC  Agent: Jeffrey A. Tocchio, Esq.
Victor Carvalho, Manager Drohan Tocchio & Morgan, P.C.
15 Ralston Road 175 Derby Street, Suite 30
Weymouth, MA 02190 Hingham, MA 02043

Owner: Hingham Shipyard LLC
24 Shipyard Drive
Hingham, MA 02043

Premises: 315 Lincoln Street, Hingham, MA 02043

Deed Reference: Plymouth County Registry of Deeds, Book 14476, Page 5

Plan References: Plans entitled “Dunkin’ Donuts, 315 Lincoln Street, Hingham, MA,” depicting proposed building signs, and “Dunkin’, 315 Lincoln Street, Hingham MA,” respectively depicting proposed ground signs and ground signs and dated July prepared by Aharonian & Associates, Inc., dated July 15, 2019 and May 16, 2019

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals (the "Board") on the application of Panek Donuts, LLC (the “Applicant”) for a Special Permit A1 under § V-B of the Zoning By-Law (the By-Law”) and such other relief as necessary to install two parallel wall signs, one ground sign, and 5 directional ground signs in connection with a proposed Dunkin’ take-out restaurant at 315 Lincoln Street in the Industrial District. Pursuant to the Board’s Rules and Regulations, the application was heard by the Zoning Administrator, Emily Wentworth, at a duly noticed public hearing held on Friday, July 19, 2019 in Hingham Town Hall. At the conclusion of the hearing, the Zoning Administrator granted the requested permit, with conditions as set forth below.

Throughout deliberations, the Zoning Administrator 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.
BACKGROUND

The subject property consists of 28,053 Sf of land located on the southerly side of Whiting The site is presently improved by a single-story service shop, built in 1970, and formerly occupied by Weber Dodge and Meara Imaging. The proposed plan would replace the existing 5,320 SF building with a 2,070 SF Dunkin Donuts take-out restaurant.
The proposed signage program associated with the restaurant includes the following:
• Two (2) parallel building signs, illuminated, and not exceeding 10% of the wall area, including:
a. One (1) primary sign consisting of 25 SF (12’-6” x 2’), located on the south elevation over the front building entrance, containing lettering on the sign face limited to “Dunkin’”; and
b. One (1) secondary sign consisting of 24.4 SF (3’-6” x 6’-9”), located on the west elevation over the side building entrance, containing lettering on the sign face limited to “DD”.
• One (1) illuminated ground sign, consisting 15.17 SF (7’ x 2’-2”) and mounted on a 5’ base; and
• Five (5) non-illuminated directional ground signs each with an area of 2.75 SF and mounted on a 4’-10” steel post.
During the hearing, the Applicant modified the application to additionally request approval to install two (2) logo door handles at each entrance.
The Zoning Administrator stated during the hearing that the secondary building sign was unnecessarily large given that the sign faces west and vehicles will be prohibited from entering the site from that direction. Additionally, the so-called directional signs appeared to convey commercial messages, with logos and messages such as “Welcome Back” and “See you Later,” instead of directions. The Applicant agreed to reduce the size of the secondary building sign; eliminate or replace the five proposed ground signs with directional signs that comply with the standards specified by the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD).

APPROVAL CRITERIA

Based on the information submitted and presented during the hearing, and discussions during the meeting, the Board found that:

1. The proposed use will be in harmony with the general purpose and intent of the By-Law. The proposed signage will effectively promote existing business operations on the site in a safe manner. These results are consistent with the purpose and intent of the By-Law.

2. The proposed use complies with the purposes and standards of the relevant specific sections of the By-Law. The proposed signage complies with the parameters specified in Section V-B. Namely, the proposed signage meets area and height limitations allowed by Special Permit.

3. The specific site is an appropriate location for such use, structure, or condition, compatible with the characteristics of the surrounding area. The property is located in the Industrial District in an area that has been redeveloped with a mix of compatible uses. The property fronts on Lincoln Street/Route 3A. Significantly larger signs could be installed on the property, but the Applicant designed signage that is consistent with the characteristics of the surrounding area. The proposed signage, which promotes the proposed business on the property, is appropriate for the location.

4. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated. No adverse impacts will be created by installation of the proposed signage. Lighting is directed solely at the proposed signs.

5. There will be no nuisance or serious hazard to vehicles or pedestrians. The signage is designed to promote and allow the safe and efficient identification of the property by customers travelling in motor vehicles at higher traffic speeds within the adjacent state highway.

6. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use. The proposed sign will be adequately supported and/or mounted.

7. The proposal meets accepted design standards and criteria for the functional design of facilities, structures, stormwater management, and site construction. Not applicable.

DECISION

The application of Panek Donuts, LLC for a Special Permit A1 under § V-B of the By-Law and such other relief as necessary to install two parallel wall signs, two logo door handles, one ground sign, and 5 directional ground signs in connection with a proposed Dunkin’ take-out restaurant at 315 Lincoln Street in the Industrial District is hereby granted, subject to the following conditions:

1. The proposed signage shall be installed in a manner consistent with the approved plans and the representations made at the hearing.
2. The secondary “DD” sign on the west facing building façade must also be reduced in size from a maximum letter height of 36” to 24”.
3. The five proposed ground signs shall be eliminated or replaced with directional signs that comply with the standards specified by the MUTCD.
4. This approval will remain in effect even if the building design reverts to that originally submitted with the application, and dated May 9, 2019, provided that the building sign dimensions comply with this Decision.

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,


_________________________________
Emily Wentworth
July 26, 2019