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Site Plan Review in Association with a Special Permit A2


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
This 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.

Mr. 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
Terrence 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.

The 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 residences.
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:

a.    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 lighting;

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. 

b.    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;

No Change

c.    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;
In 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;

No Change
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.
f.    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;
No Change

g. 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 Guidelines.
No Change

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 accessible locations;
No Change
i.    minimizing unreasonable departure from the character and scale of buildings in the vicinity or as previously existing on or approved for the site.
No Change

Decision and Vote
It 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

Then personally appeared Judith Sneath, Chairman of the Hingham Planning Board, and acknowledged the foregoing to be the free act and deed of said Board.

_________________________        My Commission Expires:  July 22, 2016
Karen M. Clancy, Notary Public