View Other Items in this Archive |
View All Archives | Printable Version
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
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds
Land Court Certificate of Title No. 114527, Book 572, Page 127
SUMMARY OF PROCEEDINGS
matter came before the Board of Appeals on the application of Ralph F.
Schirmer, Jr. and Elaine P. Schirmer (the “Applicants”) for a Special
Permit A1 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 carrying one (1) excavator 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.
public hearing was duly noticed and held before the Board of Appeals at
the Town Hall on October 4, 2010 with a continuance hearing held on
October 18, 2010 before a panel consisting of regular members Joseph W.
Freeman, Chairman, W. Tod McGrath and Joseph M. Fisher. The Applicants
were represented by Attorney Walter Sullivan, Sr.
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.
On July 8, 2010
the Inspector of Buildings issued a Notice of Violation to Mr. Shirmer
in which the Inspector stated “This department has been notified that
you are operating a sand and gravel company and or storing vehicles for
such a business… It has been determined after a follow up inspection
that these conditions may exist and are not an allowed use in residence
district c. The Town of Hingham Zoning By-Law does not allow this type
of business in your district.”
Section III-A of the Zoning By-Law states:
• 1.8.2 - Garaging or parking of one commercial vehicle with a maximum gross weight of 10,000 lbs (Use permitted)
1.8.3 - Garaging or parking of a commercial vehicle in excess of 10,000
lbs. or more than one commercial vehicle (Special Permit A1 required
from the Board of Appeals).
On September 7, 2010 the Applicants
filed for zoning relief for a Special Permit A1 under §III-A, 1.8.3 to
continue the parking of two (2) commercial vehicles and one (1) trailer
carrying one (1) excavator on the Property.
the hearing held on October 4, 2010 the Board and the Applicants
discussed the vehicles involved, their uses on the Property and in Mr.
Shirmer’s excavating business. Also discussed was the parking location
of the vehicles on the Property and possible vegetative plantings for
screening. Many abutters were in attendance at the hearing and most
spoke in support of the application; the Board also received many
letters of support from abutters. One abutter spoke in opposition to the
application. Board members discussed making a site visit to the
Property and also requested the Applicants submit a landscaping plan.
The hearing was continued October 18, 2010.
At the continued
hearing the Applicants stated that they bought the Property in April of
2010 and have used the bobcat to clean up the site and it is not used
for commercial purposes on-site. They also stated the weight of the
bobcat is less than 10,000lbs. The Board determined the bobcat does not
meet the statutory definition of “Commercial Vehicle” nor is it over the
maximum gross weight permitted. The Board and the Applicants agreed
that the bobcat does not fall under Section III-A, 1.8.2 of the Zoning
By-Law and after some discussion, it was determined that the bobcat
could be stored, when not in use, in the garage.
presented a plan of the Property showing proposed landscaping and
parking of the vehicles. 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 and the Board determined that
the excavator falls under this category. Therefore no relief is needed
for this piece of equipment.
During a discussion on the hours of
operation for the equipment, Mr. Shirmer stated that he is a contractor
hired by the Town of Hingham Department of Public Works to plow the
streets of Hingham during snow storms/emergencies. Therefore, on
occasion, he does need to start up and return the equipment during
The Board and the Applicants discussed the
remaining commercial equipment on the property (a trailer, an F350 dump
truck, and a 10 wheeler truck) and conditions which the Board could
impose in granting a Special Permit. Conditions include hours of
operation, property not to be used for commercial purposes, vegetative
screening, housing of the machinery, and the permit being limited to the
FINDINGS and DECISION
Based upon the
application and representations made at the public hearing, the Board
determined that the granting of the Special Permit A1 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 is properly conditioned and enforced.
Therefore the Board
of Appeals voted to GRANT the Special Permit A1 under Section III-A,
1.8.3 to allow for the continued garaging or parking of two (2)
commercial vehicles and one (1) trailer, the equipment to be used
off-site for an excavating business conducted by the owner/applicant,
subject to the following conditions:
1. Bobcat to be housed in the existing garage when not in use.
2. Vehicles to be parked on the Property in a manner that is least visually intrusive to the neighbors.
The hours of operation as follows: Monday-Friday 7:00am-7:00pm,
Saturday 9:00am-5:00pm, except during snow storm/emergency call out; no
use on Sunday unless Applicants seek permission from Building Inspector.
4. Vegetative screening/plantings to be installed within six (6)
weeks of the close of the hearing and in accordance with the plan
submitted to the Board of Appeals on October 8, 2010, including
additional screening/plantings as determined at the hearings.
Special Permit expires one year from the date of decision filed with
Town Clerk. The Applicant can seek renewal of the Special Permit.
6. The Special Permit is limited to the current owner/applicant only.
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
December 13, 2010