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NOTICE OF DECISION
SPECIAL PERMIT

IN THE MATTER OF:

Applicant: Stephanie Moras and Richard Poyant
125 Samuel Barnet Blvd.
New Bedford, MA 02745

Owner: Anchor Plaza Realty Trust
134 East Howard Street
Quincy, MA 02169

Premises: 211 Lincoln Street, Hingham, MA 02043

Deed Reference: Certificate of Title No. 101847 issued by the Plymouth County Registry District of the Land Court

Plan References: Signage plan and specifications entitled, "Douglas Wine & Spirits," prepared by Poyant, 125 Samuel Barnet Blvd., New Bedford, MA, dated May 5, 2016, revised to include halo lit channel letters and submitted June 21, 2016

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals (the "Board") on the application of Stephanie Moras and Richard Poyant (collectively, 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 a 55.22 SF parallel building sign at 211 Lincoln Street in Business District B.

A public hearing was duly noticed and held on July 20, 2016 in Hingham Town Hall. The Board panel consisted of its regular members: Joseph W. Freeman, Chairman, Robyn S. Maguire, and Joseph M. Fisher. The Applicant appeared to present the application. At the conclusion of the hearing, the Board voted unanimously to grant the requested Special Permit A1 allowing a 55.22 SF parallel building sign at 211 Lincoln Street in Business District B, 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.

BACKGROUND AND DISCUSSION

The subject property consists of multiple parcels that in combination total approximately 5.6 acres in size. The site is bifurcated by a zoning district boundary line, with the front portion zoned Business B and the rear zoned Residence A. The property supports multiple businesses, including two health clubs, restaurants, and a liquor store. Anchor Plaza has been the subject of multiple variances and special permits in the past.

The Applicant is leasing space (5,359 SF GFA) previously occupied by Ralph's Wine and spirits and intends to maintain a similar retail package store. The requested Special Permit would allow the Applicant to display the new business name, Douglas Wine and Spirits, on a 55.22 SF sign. While the proposed sign exceeds the maximum size allowable by building permit, it would be allowable by Special Permit A1. The Schedule of Sign Regulations under Section V-B of the Zoning By-Law authorizes the Board to permit building signs of between 30 SF and 60 SF by Special Permit A1.

The proposed signage design includes a logo, consisting of a wine glass, in addition to the business name. The letter facing would be painted teal and lit by white LED halo illumination. The Applicant represented during the hearing that the proposed sign would replace the current temporary sign located on the building. It would also be the sole building sign for the retail store and no advertising materials would be located in the storefront windows.

During the public hearing, the Board acknowledged that the volume and speed of traffic on Lincoln Street (Rt. 3A), combined with the curvature of the roadway approaching Anchor Plaza, supported the need for signs which are readily visible and readable for passing motorists.

APPROVAL CRITERIA

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

a. The proposed use will be in harmony with the general purpose and intent of the Zoning By-Law, for the following reasons: The building signage will be in harmony with the general purpose of the By-Law. The sign is allowed by Special Permit and will adequately identify the allowed retail use for potential customers.

b. The proposed use complies with the purposes and standards of the relevant specific sections of this By-Law, for the following reasons: The proposed sign complies with the maximum size, height, and location requirements specified in § V-B of the By-Law.

c. The specific site is an appropriate location for such use, structure, or condition, compatible with the characteristics of the surrounding area, for the following reasons:
The proposed sign is appropriately scaled to the building facade and the design is compatible with the surrounding businesses.

d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons: There will be no adverse impact associated with the proposed sign. Lighting of the sign is in compliance with the By-Law and adverse impacts to abutting residential neighborhoods are not expected.

e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons: The proposed sign will improve business visibility for customers of the allowed retail use, which is located more than 200' from the street frontage on Route 3A/Lincoln Street.

f. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use, for the following reasons: The signs will be properly mounted to the building facade.

g. The proposed Project meets accepted design standards and criteria for the functional design of facilities, structures, stormwater management, and site construction, for the following reasons: Not applicable.

DECISION

Upon a motion made by Robyn S. Maguire and seconded by Joseph M. Fisher, the Board voted unanimously to APPROVE the request for a Special Permit A1 under § V-B of the By-Law, allowing a 55.22 SF parallel building sign at 211 Lincoln Street in Business District B, subject to the following conditions:

1. The Applicant shall install the sign in accordance with the approved plans and representations made during the hearing, including the representation that this shall constitute the sole building sign for the retail store.

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 18, 2016