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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant and Ralph F. Schirmer, Jr. and Elaine P. Schirmer
Property Owner: 10 Pine Street
Hingham, MA 02043
Premises: 10 Pine Street
Title Reference: Plymouth County Registry of Deeds
Land Court Certificate of Title No. 114527, Book 572, Page 127
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals on the application of Ralph F. Schirmer, Jr. and Elaine P. Schirmer (the “Applicants”) for renewal of the existing Special Permit A1 dated December 14, 2010 under §III-A, 1.8.3 of the Zoning By-Law and such other relief as necessary to continue the parking of two (2) commercial vehicles and one (1) trailer at 10 Pine Street (the “Property”), in Residence District C, the equipment to be used off-site for an excavating business conducted by the owner/applicant.
A public hearing was duly noticed and held before the Board of Appeals at the Town Hall on December 15, 2011 before a panel consisting of regular members W. Tod McGrath, Chairman, Joseph M. Fisher and Joseph W. Freeman.
The Property is approximately 17,500sq.ft. and the Applicants have an easement agreement to use a small portion (approximately 1460sq.ft.) of the adjacent property. Located on the Property is a single family dwelling along with a detached garage and shed. The equipment on site includes a bobcat, an excavator which stays on a trailer, an F350 dump truck, and a 10 wheeler truck. According to Mr. Shirmer, the equipment used in his excavating business are the 10 wheeler truck, the F350 dump truck and the trailer with the excavator; at the present time the bobcat is used for personal use only on the Property.
As stated in the Board’s decision dated December 14, 2010 no zoning relief is needed for the excavator because under Section III-A 1.8.2 of the Zoning By-Law garaging or parking of one commercial vehicle with a maximum gross weight of 10,000 lbs. is a permitted use.
Also as stated in the decision dated December 14, 2010, the Board granted the Special Permit A1 subject to conditions. Condition #5 states: “The Special Permit expires one year from the date of decision filed with Town Clerk. The Applicant can seek renewal of the Special Permit.”
Mr. Schirmer reported to the Board that he has complied with all conditions as granted in the Special Permit. He asked the Board to consider extending the renewal period beyond one year. Two abutters voiced concerns regarding impact on property values, the potential for construction activity on the Property and the length of permit. A number of abutters expressed support for the Applicant’s Special Permit. Both the Building Commissioner and Zoning Administrator stated they had heard no complaints from abutters in the past year.
The Board discussed the fact that the Applicant’s were abiding by the conditions in the Special Permit, including the planting of the vegetative screening, and discussed the possibility of extending the expiration time of the permit.
FINDINGS and DECISION
Based upon the application and representations made at the public hearing, the Board determined that the renewal of the existing Special Permit to continue the parking of two (2) commercial vehicles and one (1) trailer will not adversely affect the health, safety or welfare of the general public, or the Town generally, nor create adverse impacts on its surrounding area as long as it continued to be properly conditioned and enforced.
Therefore the Board of Appeals voted to GRANT the request for renewal of the Special Permit A1 subject to the following conditions:
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,
W. Tod McGrath
January 12, 2012