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TOWN OF HINGHAM
Board of Appeals

NOTICE OF DECISION
SPECIAL PERMIT

IN THE MATTER OF:

Applicant and Charles G. Daley III and Allison M. Daley
Property Owner:  383 East Street
 Hingham, MA 02043

Property: 383 East Street, Hingham, MA 02043

Deed Reference: Plymouth County Registry of Deeds, Book 42375, Page 244

Plan References: Plan entitled, “Existing Conditions Plan, 383 East Street, Hingham, MA,” prepared by McSweeney Associates, Inc., 75 Winter Street, Hanson, MA, dated October 15, 2012, with hand drawn edits and submitted to the Board on March 10, 2017

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals (the “Board”) on the application of Charles G. Daley III & Allison M. Daley (collectively, the “Applicant”) for a Special Permit A1 under § III-A, 1.8.3 of the Zoning By-Law ( the “By-Law”) and such other relief as necessary to garage or park multiple non-private passenger vehicles, including (2) F-350 Dump Trucks, (2) Trailers, (1) Bob Cat, and (1) Mini Excavator, at 383 East Street in Residence District C.

The Board of Appeals opened the hearing on the application at a duly advertised and noticed public hearing held on Wednesday, April 19, 2017 in Hingham Town Hall, 210 Central Street. The Board of Appeals panel consisted of its regular members Joseph W. Freeman, Chairman, and Joseph M. Fisher and associate member Mario Romania, Jr. The Applicant appeared during the hearing to present the application. At the conclusion of the hearing, the Board voted unanimously to grant the requested Special Permit, subject to conditions contained herein.

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, including written comments received by the Zoning Administrator and included in the public record.

BACKGROUND AND DISCUSSION

The Applicant owns two adjoining lots located at 383 East Street and 10 Side Hill Road. The subject of this application is the East Street lot, which consists of 1.93 acres of land improved by a single-family dwelling (ca. 2012) and detached barn. The application was filed in order to remedy a violation notice issued by the Building Commissioner on February 24, 2017, which ordered the removal of commercial trucks, machines, and construction materials from the property.

Section III-A of the Zoning By-Law includes the following uses:
• 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).

While one commercial vehicle would be permitted by right under Use 1.8.2, the Applicant seeks a special permit under Use 1.8.3 in order to maintain multiple commercial vehicles on the site, including two F-350 dump trucks, two trailers, a bobcat and mini excavator. The Applicant represented that the specified commercial vehicles would only enter and exit the site from the existing driveway to East Street.

During the hearing, abutters to the property expressed concern about potential visual and auditory impacts related to the proposed parking of commercial vehicles. The Board resolved to review the requisite findings and then impose appropriate conditions intended to mitigate any potential adverse impacts resulting from the use.

APPROVAL CRITERIA

Based on the information submitted and presented during the hearing, and subject to satisfaction of the conditions set forth below, the Board made the following findings in accordance with § I-F, 2 of the By-Law:

a. The proposed use will be in harmony with the general purpose and intent of the Zoning By-Law, for the following reasons:
The principal use of the property remains residential with allowed accessory parking of commercial vehicles. This proposed accessory use will not negatively affect the health, safety, or welfare of the surrounding neighborhood or the town more generally.

b. The proposed use complies with the purposes and standards of the relevant specific sections of this By-Law, for the following reasons:
Accessory parking of commercial vehicles on the property will not result in more than three garage bays.

c. The specific site is an appropriate location for such use, structure, or condition, compatible with the characteristics of the surrounding area, for the following reasons:
The subject property is an appropriate location to park commercial vehicles since it is located on East Street, which is a collector road.

d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons:
Adverse visual impacts will be mitigated through the use of vegetative screening and compliance with conditions imposed in this Decision.

e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:
Access will be provided by the existing driveway to East Street and dedicated parking will be provided for the commercial vehicles.

f. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use, for the following reasons:
Adequate facilities, including an existing driveway and garage, exist for the proposed accessory use.

g. The proposed Project meets accepted design standards and criteria for the functional design of facilities, structures, stormwater management, and site construction, for the following reasons:
Not applicable since no new impervious surface is proposed to accommodate the commercial vehicle parking area.

DECISION

Upon a motion made by Joseph M. Fisher and seconded by Mario Romanian, Jr., the Board voted unanimously to GRANT the requested Special Permit A1 under § III-A, 1.8.3 of the Zoning By-Law ( the “By-Law”) and such other relief as necessary to garage or park multiple non-private passenger vehicles, including (2) F-350 Dump Trucks, (2) Trailers, (1) Bob Cat, and (1) Mini Excavator, at 383 East Street in Residence District C, subject to the following conditions:

1. Parking of commercial vehicles on the Property shall be consistent with the representations made by the Applicant such that access and egress for commercial vehicles shall be limited to the existing driveway from East Street.

2. The bobcat and mini excavator shall be housed in the existing garage when not in use.

3. F-350 Dump Trucks and trailers shall be parked on the Property to the east of the garage in a manner that is least visually intrusive to the neighbors.

4. Vegetative screening shall be installed prior to October 31, 2017 or the special permit shall be revoked.

5. The hours of operation shall be as follows: Monday-Friday 7:00am-8:00pm, Saturday 9:00am-5:00pm with the exception of emergency.

6. The Special Permit is limited to the current owner/applicant only.

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,


_________________________________
Joseph W. Freeman
July 13, 2017