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TOWN OF HINGHAM
Board of Appeals
NOTICE OF DECISION
IN THE MATTER OF:
Applicant/Owner: W/S/M Hingham Properties LLC
33 Boylston Street
Chestnut Hill, MA 02467
Agent: Attorney Robert L. Devin
Devin, Barry & Austin, P.C.
80 Washington Street, Bldg S
Norwell, MA 02061
Premises: 90-100 Derby Street, Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds, Book 30816, Page 261 and
Book 24538, Page 298
Plans Reference: “Derby Street Shops, Tenant Sign Criteria,” submitted March 9, 2020
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals (the "Board") on the application of W/S/M Hingham Properties, LLC (the “Applicant”) for a Modification of the Special Permit A1 and Variance Decision, originally issued February 10, 2003, as amended, under § V-B of the Zoning By-Law (the “By-Law”) and such other relief as necessary in order to update the applicable Signage Criteria at 90-100 Derby Street in the Industrial Park and South Hingham Development Overlay Districts.
The Board opened the initial, duly noticed public hearing on the applications during a meeting held in Hingham Town Hall on November 19, 2019, but continued the matter without the receipt of testimony. Substantive sessions of the hearing were held on December 2, 2019, December 17, 2019, and January 13, 2020. Pursuant to (1) the Order issued by the Governor of Massachusetts, dated March 12, 2020, Suspending Certain Provisions of the Open Meeting Law and applicable provisions of the Open Meeting Law found at 940 CMR 29 et seq., the Board also held substantive hearings on the matter by remote participation on June 23, 2020 and June 30, 2020. The Board panel consisted of regular member Paul K. Healey, Acting Chairman, and associate members Joseph Ruccio and Andrew Touchette. The Applicant was represented during the hearings by Victoria Maguire, Development Manager, WSDevelopment, and Sherri D’Alessandro Schuler, General Manager of the Derby Street Shops. Attorney Robert Devin also appeared to represent the Applicant. At the conclusion of the hearing, the Board voted unanimously to grant the requested modification, with conditions 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 application generally seeks to (i) clarify and update the allowed signage within the Shopping Center and (ii) consolidate multiple special permit and variance modifications into a single permit for ease of reference. The Applicant reformatted, but did not otherwise substantially change the previously approved tenant signage criteria.
Based on the information submitted and presented during the hearing, and the deliberations and discussions of the Board during the meeting, the Board made the following findings:
1. That the proposed modifications do not materially affect the findings made in connection with the Special Permit A1 and Variance Decision, originally issued February 10, 2003, as amended, under § V-B of the By-Law.
2. That the amendment and restatement of the prior Decisions to reflect all conditions currently in force and effect as of the date hereof is in the interest of the project and the Town of Hingham insomuch as it will allow for the efficient review of project compliance with such conditions.
Upon a motion made by Joseph Ruccio and seconded by Andrew Touchette, the Board voted unanimously to amend and restate the Special Permit A1 and Variance Decision, originally issued February 10, 2003, as amended, under § V-B of the By-Law and such other relief as necessary in order to update the applicable Tenant Signage Criteria within the Derby Street Shops Shopping Center at 90-100 Derby Street in the Industrial Park and South Hingham Development Overlay Districts.
For the Board of Appeals,
December 1, 2020