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TOWN OF HINGHAM
NOTICE OF DECISION
Site Plan Review in Association with a Special Permit A2
IN THE MATTER OF:
Applicant: Terrence M. and Janet K. McNulty
17 Emerald Street
Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds, Book 5675, Pages 248
Date: June 3, 2013
Summary of Proceedings
matter came before the Planning Board jointly with the Zoning Board of
Appeals on the application of Terrence M. and Janet K. McNulty for a
Special Permit A2 under
§V-G of the Zoning By-Law and such other
relief as necessary to operate a Bed & Breakfast establishment at 17
Emerald Street, in Residence District A, along with Site Plan Review
under §I-G and §I-I.
The Planning Board and Zoning Board of
Appeals heard the application jointly at a duly advertised and noticed
joint hearing on May 15, 2013 at 7:45 PM in the Hingham Town Hall at 210
Central Street. Members of the Planning Board present were: Judy
Sneath, Chairman; William Ramsey, Clerk; Sarah Corey; and Gary
Tondorf-Dick. The Board of Appeals panel consisted of its members:
Joseph Fisher, Chairman; Tod McGrath, Clerk; and Joe Freeman.
and Mrs. McNulty informed the Boards that they bought their house 25
years ago with the intention of making it a Bed & Breakfast. The
By-Law did not allow for the use of a Bed & Breakfast establishment
at that time. Mr. McNulty stated he was instrumental in the Zoning
By-Law change for the use to be allowed. At this time they would like
move forward and make their home a Bed & Breakfast.
Project Description and Findings
M. and Janet K. McNulty for a Special Permit A2 to operate a Bed and
Breakfast at 17 Emerald Street, Hingham, MA. The Bed and Breakfast will
consist of two bedrooms in a portion of the existing home. There is an
existing screened driveway that will be used for guests.
By-Law states that the purposes of Section V-G “Bed and Breakfast
Establishment” which requires a Special Permit A2 from the Zoning Board
of Appeals is:
I. to encourage the utilization of homes in
residential and business zoned districts which because of their size are
costly and/or difficult to maintain as private residences; to provide
and economic incentive to maintain and to rehabilitate older, larger
II. to regulate Bed & Breakfast establishments to
insure sensitivity and compatibility with the surrounding neighborhoods
in residentially zoned districts through minimizing adverse impacts on
neighboring residential uses.
Mr. McNulty explained that a
portion of the house was built in 1690 which will be the Bed &
Breakfast location. It will have two bedrooms. The main portion of the
house was built in 1880 and includes an additional four bedrooms.
There were no comments from abutters.
Planning Board members reviewed the project in accordance with the Site Plan Criteria contained in Section I-I (6) as follows:
protection of abutting properties against detrimental uses by provision
for surface water drainage, fire hydrant locations, sound and site
buffers, and preservation of views, light and air, and protection of
abutting properties from negative impacts from artificial outdoor site
The Planning Board concurred that, as proposed, the
project complies with all use and intensity regulations and that there
will not be any adverse effects to abutting properties.
convenience and safety of vehicular and pedestrian movement within the
site and on adjacent streets; the location of driveway openings in
relation to traffic or to adjacent streets, taking account of grades,
sight distances and distances between such driveway entrances, exits and
the nearest existing street or highway intersections; sufficiency of
access for service, utility and emergency vehicles;
adequacy of the arrangement of parking, loading spaces and traffic
patterns in relation to the proposed uses of the premises; compliance
with the off-street parking requirements of this By-Law;
accordance with the Off-Street Parking requirements set forth in Section
V-A of the Zoning By-law, the site has adequate parking for the use.
d. adequacy of open space and setbacks, including adequacy of landscaping of such areas;
e. adequacy of the methods of disposal of refuse and other wastes resulting from the uses permitted on the site;
Same as main residence; disposal weekly at the transfer station.
prevention or mitigation of adverse impacts on the Town's resources,
including, without limitation, water supply, wastewater facilities,
energy and public works and public safety resources;
assurance of positive stormwater drainage and snow-melt run-off from
buildings, driveways and from all parking and loading areas on the site,
and prevention of erosion, sedimentation and stormwater pollution and
management problems through site design and erosion controls in
accordance with the most current versions of the Massachusetts
Department of Environmental Protection's Stormwater Management Policy
and Standards, and Massachusetts Erosion and Sediment Control
h. protection of natural and
historic features including minimizing: the volume of cut and fill, the
number of removed trees of 6 inches caliper or larger, the removal of
stone walls, and the obstruction of scenic views from publicly
i. minimizing unreasonable
departure from the character and scale of buildings in the vicinity or
as previously existing on or approved for the site.
Decision and Vote
was moved, seconded and SO VOTED to grant site plan approval upon the
application dated April 17, 2013 for a two bedroom Bed & Breakfast
to be located at 17 Emerald Street, Hingham.
Judith S. Sneath
Chairman, Hingham Planning Board
EXECUTED this _____ day of May, 2013
Commonwealth of Massachusetts
Plymouth, ss May ____, 2013
personally appeared Judith Sneath, Chairman of the Hingham Planning
Board, and acknowledged the foregoing to be the free act and deed of
_________________________ My Commission Expires: July 22, 2016
Karen M. Clancy, Notary Public