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TOWN OF HINGHAM
BOARD OF APPEALS
SPECIAL PERMIT A2 DECISION
IN THE MATTER OF:
Applicant and Mikan Realty Trust
Property Owner: Michael J. Thompkins, Trustee
42 Parkwood Drive
Hingham, MA 02043
Premises: 194 Lincoln Street
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds, Book 6929 Page 18
SUMMARY OF PROCEEDINGS:
This matter came before the Board of Appeals on the application of Mikan Realty Trust, Michael Thompkins, Trustee (the “Applicant”) for a Special Permit A2 under §III-A, 4.14A of the Zoning By-Law, along with Site Plan Review and a Parking Determination to be done by the Planning Board, and such other relief as necessary to maintain a storage trailer to the rear of the building at 194 Lincoln Street in Business District B.
The Zoning Board of Appeals and the Planning Board jointly heard the application at a duly advertised and noticed hearing on December 19, 2013 in the Hingham Town Hall at 210 Central Street. The Board of Appeals panel consisted of its regular members: Joseph W. Freeman, Chairman; Joseph Fisher, Clerk; and W. Tod McGrath. The Applicant was also in attendance.
The Premises consists of approximately 18,500 SF. A zoning district boundary bisects the property, with the westerly portion of the lot falling in the Business B District and the easterly portion in Residence A. The property supports two buildings. The first is a two-story mixed-use building (commercial/residential) and the second, which sits further back from the road, is a two-story dwelling. A storage trailer, used in conjunction with an electrical contracting business operated by the Applicant, is located in the Business B District and is screened from view by the mixed-use building and an arborvitae row.
Section III-A, 4.14A of the Hingham Zoning By-Law allows storage trailers and containers upon issuance of a Special Permit A2 by the Zoning Board of Appeals. The Special Permit is subject to annual renewal. The Board initially granted a Special Permit and a side yard setback variance to allow a storage trailer in this location in April 1993. The Applicant has not renewed the Special Permit as required since it last expired in June 1999.
The Applicant described the storage trailer and said his electrical contracting business continues to need the storage it provides for equipment and supplies. He believes the trailer is well screened from public view. He did not realize that he was required to renew the Special Permit annually, but agreed that it is his responsibility to submit the required paperwork going forward.
The Boards opened the hearing for public comment. A direct abutter, Dr. Jeff Anderson, a dentist with a professional office at 190 Lincoln Street, said that the lattice, which had been required by the Board to screen the trailer in a previous approval, had come down recently. In response to questions from the Board, the Applicant agreed to repair and/or replace the lattice as soon as weather conditions allow.
The Planning Board voted to waiver Site Plan Review on the condition that Applicant replaces lattice by the end of April 2014. The Planning Board also approved the Special Permit A3 Parking Determination.
As required by Section I-F, 2, the Zoning Board found that (a) the storage trailer use would be in harmony with the general purpose and intent of the Zoning By-Law which specifically allows such a use within commercial areas upon issuance of a Special Permit A2, (b) the proposed use complies with the purposes and standards of the relevant sections of the By-Law and in accordance with the 1993 Side Yard Setback Variance, (c) the location is an appropriate place for such a use given the existing screening and the required lattice replacement, and it supports the existing electrical contracting business in a Business B District, (d) there will be no adverse impacts associated with the continued use of the storage trailer, (e) there will be no hazard to vehicles or pedestrians created by continued use of the storage trailer, (f) the storage trailer does not require any facilities to provide storage for the on-site electrical contracting business, and (g) the proposal meets accepted design standards for the storage trailers.
RULING AND DECISION:
For the reasons set forth hereinabove, the Board voted unanimously to GRANT the Special Permit A2 to maintain the existing storage trailer at 194 Lincoln Street subject to the following conditions:
1. The Applicant shall submit a request to the Board to renew the Special Permit annually as long as the Application wishes to maintain the storage trailer on site.
2. In accordance with the provisions of the Hingham Zoning By-Law, the conditions imposed in the Planning Board Site Plan Review Decision, dated January 6, 2014 and filed with the Town Clerk on January 10, 2014, are binding conditions to this decision of the Zoning Board of Appeals.
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,
Joseph W. Freeman
January 23, 2014