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TOWN OF HINGHAM
Board of Appeals
FINDING PURSUANT TO M.G.L. c. 40A, § 6
IN THE MATTER OF:
Applicant: Nabil T. Merhej
102 Derby Street
Hingham, MA 02043
Owner: Sunoco LLC, C/O Ke Andrews & Company
1900 Dalrock Road
Rowlett, TX 75088
Premises: 102 Derby Street, Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds, Book 45095, Page 335
Plan References: Plan set entitled, "Proposed Modifications, 102 Derby Street, Hingham, MA 02043," prepared by Choubah Engineering Group, P.C., 112 Station Road, N. Dartmouth, MA, dated October 4, 2017 (3 Sheets)
SUMMARY OF PROCEEDINGS:
This matter came before the Zoning Board of Appeals (the "Board") on the application of Nabil T. Merhej (the “Applicant”) for a Finding under MGL c. 40A § 6 and such other relief as necessary to construct a (15’x 5’) addition to a nonconforming service station in order to convert one bay into an inspection bay 102 Derby Street in the Industrial Park.
A public hearing was duly noticed and held on December 11, 2017 at Hingham Town Hall, 210 Central Street, along with a concurrent hearing on an application for a Variance from § IV-A of the Zoning By-Law (the “By-Law”). The Board panel consisted of its regular members Robyn S. Maguire, Chair, and Joseph M. Fisher, and associate member Michael Mercurio. The Applicant and the project engineer, Halim Choubah, P.E., appeared to present the application. At the conclusion of the hearing, the Board voted unanimously to make the requested Finding to extend the nonconforming use through construction of a (15’x 5’) addition in order to provide inspectional services onsite.
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.
BACKGROUND and DISCUSSION:
The subject property consists of approximately 28,863 SF of land. The irregularly shaped lot is technically bound on two sides by the Derby Street state layout, with 383 linear feet of frontage on Derby Street and another 120’ on the taking associated with the signalized intersection at the entrance to the Derby Street Shoppes. An unconstructed portion of Old Derby Street sits to the rear of the property and a short segment of the lot abuts the unsignalized entrance to Derby Street Shoppes near Bertuccis and Whole Foods.
The property is improved by an existing Sunoco gas station, which dates to 1960 and prior to the prohibition on the use. The applicant hopes to modestly expand one existing service bay in order to conduct state vehicle inspections on site. The proposed inspectional services use falls under Section III-A, Use 5.1: Automotive "filing" or service station. This use is currently prohibited in the Industrial Park. As a result, it is considered a preexisting nonconforming, or grandfathered, use. The existing structure is also considered preexisting nonconforming, or grandfathered, since it is located entirely within yard setbacks presently required by the By-Law.
During the hearing, a South Hingham resident and customer of the business spoke in favor of the application.
FINDINGS and DECISION:
Based upon the information submitted and received at the hearing, and the deliberations and discussion during the hearing, the Board determined that the proposed extension and alteration to the pre-existing nonconforming automotive “filling” or service station will not be substantially more detrimental than the existing nonconforming use to the neighborhood. Upon a motion made by Joseph M. Fisher and seconded by Michael Mercurio, the Board voted unanimously to GRANT the requested Finding pursuant to M.G.L. c. 40A, § 6 and such other relief as necessary to construct a (15’x 5’) addition to a nonconforming service station in order to convert one bay into an inspection bay 102 Derby Street in the Industrial Park, provided the work proceed in a manner consistent with the approved plans and the representations made during the hearing before the Board.
The zoning relief granted herein shall not become effective until (i) the Town Clerk has 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 Zoning Board of Appeals,
Robyn S. Maguire
February 15, 2018