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TOWN OF HINGHAM
Board of Appeals
NOTICE OF DECISION
IN THE MATTER OF:
Applicant/ Whiting Place Realty Trust
Owner: 210 Whiting Street
Hingham, MA 02043
Premises: 210 Whiting Street, Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds, Book 247, Page 5106
Plan References: Signage specifications plan set entitled, “210 Whiting Place,” prepared by Prosign Graphics, Inc., undated, (3 Drawings)
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals (the "Board") on the application of Whiting Place Realty Trust (the “Applicant”) for a Variance from § V-B of the Zoning By-Law (the “By-Law”) and such other relief as necessary to install a 50 SF ground sign where 24 SF is the maximum allowed at 210 Whiting Street in Business District B. In accordance with M.G.L. c. 40A, § 13 and 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 remotely on Thursday, Decemeber 17, 2020 via Zoom as an alternate means of public access pursuant to an Order issued by the Governor of Massachusetts dated March 12, 2020 Suspending Certain Provisions of the Open Meeting Law. Chapter 53 of the Acts of 2020 additionally suspended any requirement that a hearing commence within a specific period of time and related permitting timeframes during the Covid-19 state of emergency. At the conclusion of the hearing, the Zoning Administrator denied the requested relief.
Throughout the hearing, 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.
During the hearing, the Applicant’s representative from Prosign Graphics described the proposed sign. The Zoning Administrator noted that the request would result in a sign more than double that otherwise permissible by special permit in the District. The Applicant’s representative noted that there were other similarly sized signs in the general area. It was noted that those signs were installed on properties in another zoning district (Industrial Park and/or Office Park). The administrator reviewed the variance approval criteria and found that the application failed to meet the statutory standards for relief. The property is not distinguishable from others in Business B. Multiple businesses have operated from the property with the currently conforming signage. Finally, the request would substantially derogate from the By-Law. A number of potential by-right signage options were then discussed with the Applicant.
FINDINGS AND DECISION
Based on the information submitted and presented during the hearing, and discussions during the meeting, the Zoning Administrator found that that the proposed ground sign and related application did not fulfill the variance approval criteria. The requested relief to install a 50 SF ground sign where 24 SF is the maximum allowed at 210 Whiting Street in Business District B is DENIED.
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,
January 5, 2021