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TOWN OF HINGHAM
BOARD OF APPEALS
DECISION
ADMINISTRATIVE APPEAL
IN THE MATTER OF:
Applicants:
Norfolk Downs Realty Trust and 185 Thomas Burgin Parkway Trust
James M. Drew, Jr. and Susan Drew, Trustees
191 Beal Street
Hingham, MA 02043
Premises: 191 Beal Street
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds, Land Court Cert. #107464, Book 537, Page 64
SUMMARY OF PROCEEDINGS:
This
matter came before the Board of Appeals on the application of James M.
Drew, Jr. and Susan Drew, Trustees of the Norfolk Downs Realty Trust and
185 Thomas Burgin Parkway Trust (“Applicants”), for an administrative
appeal and/or modification of the Building Commissioner's determination,
dated March 21, 2014, that the storage containers located on the
property at 191 Beal Street in the Industrial District must be removed
within seven days of receipt of said letter.
The Zoning Board of
Appeals opened the hearing on May 21, 2014 in the Hingham Town Hall at
210 Central Street. The Board of Appeals panel consisted of regular
members W. Tod McGrath, Acting Chairman, and Joseph M. Fisher, and
associate member David W. Anderson. The Applicant was represented by
Jeffrey A. Tocchio, Esq., Drohan, Tocchio & Morgan, P.C. The
Applicants were also in attendance.
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:
The Building Commissioner (the
"Commissioner") notified the Applicants in writing on March 21, 2014
that a zoning violation must be resolved within seven days or a daily
penalty of $100 would be imposed pursuant to Section I-C, 3. of the
Zoning By-Law. The Commissioner had previously issued zoning violation
notices, dated December 6, 2013 and January 23, 2014, for the location
of thirty unauthorized storage containers on the property. Storage
trailers/containers (Use 4.14A) are only allowed within the Industrial
District upon the issuance of a Special Permit A2, which is subject to
an annual renewal. The Applicants have not received nor submitted
application for a Special Permit in under Section III-A, 4.14A of the
Zoning By-Law.
Attorney Tocchio said that the Applicants had
notified all users to remove the contents of the storage containers upon
receipt of the Notice; however, the Applicants were unable to fully
comply with removal of the containers themselves with the specified time
and therefore request that the Board modify the Commissioner's mandate.
At the time of the hearing, the Applicant indicated that twenty-five of
the thirty storage containers had been removed. The Commissioner
completed an inspection of the Premises on May 21, 2014 and confirmed
that only five containers remained. The Applicant said that he sold all
of the remaining containers and he expected that these would be removed
by the end of the week.
FINDINGS and DECISION:
Board members
noted that the Applicant had made significant progress in resolving the
zoning violations on site since filing the Appeal. The Board expressed
willingness to delay the enforcement provisions in Section I-C, 3. as
long as the remaining storage containers would be removed from the
Premises within the timeframe represented by the Applicant.
For
the reasons set forth hereinabove, the Board voted unanimously to
uphold the determination of the Building Commissioner, dated March 21,
2014, that all unauthorized storage containers shall be removed from the
Premises; however, the Board agreed to stay the enforcement provided
all containers would be removed by June 2, 2014.
This Decision
shall not become effective until (i) the Town Clerk as certified on a
copy of this decision that twenty (20) days have elapsed after the
decision has been filed in the office of the Town Clerk and no appeal
has been filed or that if such an appeal has been filed, that it has
been dismissed or denied, and that (ii): a copy thereof has been duly
recorded in the Plymouth County Registry of Deeds and indexed in the
grantor index under the name of the owner of record or is recorded and
noted on the owner’s certificate of title.
For the Town of Hingham
Board of Appeals,
________________________________
W. Tod McGrath, Chairman
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