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NOTICE OF DECISION
IN THE MATTER OF:
Owner: Derby Street Nominee Trust
James E. Bristol III and David B. Bristol
190 Old Derby Street, Suite 311
Hingham, MA 02043
Applicant: Plymouth Quarries LLC
Attn: David Bristol and Derek Sterns
410 Whiting Street
Hingham, MA 02043
Premises: 410 Whiting Street, Hingham, MA 02043
Deed Reference: Certificate of Title No. 123952 issued by the Plymouth County Registry District of the Land Court
Plan References: Undated signage plan and specifications prepared by Jean DuVoisin, DuVoisin Design, submitted February 6, 2017 (2 Sheets) and undated plan depicting the proposed sign locations, submitted February 6, 2017 (1 Sheet)
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals (the "Board") on the application of Plymouth Quarries 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 ground signs located at 410 Whiting Street in the Office Park District.
A public hearing was duly noticed and held on March 15, 2017 in Hingham Town Hall. The Board simultaneously opened a concurrent hearing on a related application from the Applicant for a Variance from the required 10’ front setback for ground signs established under § V-B of the By-Law. 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 two ground signs to be located on the Property, 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 subject property consists of approximately 10 acres of land located on the southerly side of Whiting Street (Rte. 53) and opposite Linden Ponds. Two businesses presently operate from the site: Plymouth Quarries and Avo Fence & Supply. The proposed plan calls for installation of two new ground signs.
Properties within the Office Park are able to install multiple ground signs of up to 50 SF/200' of frontage upon issuance of a special permit. In the present case, the Applicant would be eligible for a special permit to install ground signs totaling approximately 175 SF; however, the Applicant has only requested approval to install the two signs with a combined area of approximately 79.55 SF. During the hearing, the Applicant confirmed that the proposed signage would be externally illuminated.
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. 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 as modified by a variance simultaneously issued by the Board for front yard setback. Namely, the proposed signage meets area and height limitations.
3. The specific site is an appropriate location for such use, structure, or condition, compatible with the characteristics of the surrounding area. The proposed signage promotes existing businesses on the property. The signage also incorporates materials, such as granite, which are native to the area.
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.
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 signs will be adequately supported and/or installed.
7. The proposal meets accepted design standards and criteria for the functional design of facilities, structures, stormwater management, and site construction. Not applicable.
Upon a motion made by Joseph M. Fisher and seconded by Robyn S. Maguire, the Board voted unanimously to APPROVE the request for a Special Permit A1 under § V-B of the By-Law, allowing two ground signs to be located at 410 Whiting Street in the Office Park District, subject to the following condition:
1. The Applicant shall modify the proposed plan such that the Plymouth Quarries sign is reduced in height to 12’ and the location is not closer than 5’ to the front property line.
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
May 16, 2017