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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


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.


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.

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