View Other Items in this Archive |
View All Archives | Printable Version
TOWN OF HINGHAM
Board of Appeals
NOTICE OF DECISION
IN THE MATTER OF:
Applicant/Owner: Ralph F. Schirmer, Jr. and Elaine P. Schirmer
10 Pine Street
Hingham, MA 02043
Property: 10 Pine Street, Hingham, MA 02043
Title Reference: Certificate of Title No. 114527 issued by the Plymouth County Registry District of the Land Court
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals (the "Board") on the application of Ralph F. Schirmer, Jr. and Elaine P. Schirmer (collectively, the "Applicant") to renew a Special Permit A1 originally issued on December 14, 2010 under § III-A, 1.8.3 of the Zoning By-Law (the “By-Law”) and such other relief as necessary to continue to park two commercial vehicles at 10 Pine Street in Residence District C.
The Board held a duly noticed public hearing on the matter on January 15, 2019 in Hingham Town Hall, 210 Central Street. The Board panel consisted of its regular member Joseph M. Fisher, Chair, and associate members Joseph W. Freeman and Mario Romania, Jr. The Applicant appeared on to represent the application to the Board. At the conclusion of the hearing, the Board voted unanimously to grant the Special Permit Renewal, with conditions as set forth below.
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.
The subject property is located on the south side of Pine Street and consists of approximately 17,500 SF of land. The site is improved by a ranch-style single family dwelling (ca. 1950) along with a detached garage. In compliance with a 2010 Special Permit issued by the Board, the site is also used to garage or park two (2) commercial vehicles and one (1) trailer carrying one (1) excavator. These commercial vehicles (a trailer, an F350 dump truck, and a 10-wheeler truck) support the Applicant’s off-site excavating business. The Applicant is also employed by the Town as a plowing contractor during snow events.
The 2010 special permit included the following conditions of approval:
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.
3. 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.
5. The 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.
In accordance with Condition #5, the Applicant sought and attained renewal of the special permit in 2011. The Board confirmed at the time that the Applicant had complied with all other conditions of approval and then voted to renew the permit for a 2-year period. The renewed permit was filed with the Town Clerk on January 17, 2012. A subsequent renewal, with a 5-year effective period, was issued on January 28, 2014. The Applicant now seeks further renewal of the special permit without the lapse provision.
Based on the information submitted and presented during the hearing, and the deliberations and discussions of the Board during the 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 public health, safety or welfare of the general public, or the Town generally, nor create adverse impacts on the surrounding area as long as it continues to be properly conditioned and enforced.
RULINGS AND DECISION
Upon a motion made by Joseph W. Freeman and seconded by Mario Romania, Jr., the Board voted unanimously to GRANT the request by Ralph F. Schirmer, Jr. and Elaine P. Schirmer to renew a Special Permit A1 under § III-A, 1.8.3 of the By-Law to continue to park two commercial vehicles at 10 Pine Street in Residence District C, subject to the following condition:
1. All current conditions of the Special Permit A1, dated December 14, 2010, as renewed on January 17, 2012 and January 28, 2014, remain in effect with the exception that the Special Permit shall not expire unless and until the Applicant (1) no longer owns or resides at the Property or (2) no longer operates a business that requires the commercial vehicles.
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 M. Fisher, Chair
April 8, 2019