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SPECIAL PERMIT A1 DECISION
TO CONVERT A SINGLE-FAMILY DWELLING TO A TWO-FAMILY DWELLING
IN THE MATTER OF:
Applicant: Howard and Melissa Levy
Premises: 222 Prospect Street
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds, Book 40026, Page 324
Plan References: Plan entitled "Mortgage Inspection Plan," prepared
by Sullivan Survey, PO Box 2513, Woburn, MA, undated, and architectural
plan set entitled, "Alterations to the Residence of: Howard &
Melissa Levy, 222 Prospect Street, Hingham, MA," prepared by Roger O.
Hoit, AIA, Architect, 1175 Main Street, Hingham, MA, dated January 16,
2014 and revised through June 25, 2014, Drawings A-9 - A-12 (Floor
Plans) and A-16 - A-18 (Elevation Plans).
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals on the application of
Howard and Melissa Levy (collectively, the "Applicant") for a Special
Permit A1 under §III-A, 1.2 of the Zoning By-Law and such other relief
as necessary to allow a two-family use of the property at 222 Prospect
Street in Residence District C.
The Zoning Board of Appeals heard the application at a duly
advertised and noticed hearing on May 13, 2015 in the Hingham Town Hall
at 210 Central Street. The Board of Appeals panel consisted of its
regular members W. Tod McGrath, Chairman, Joseph M. Fisher and Joseph W.
Freeman. The Applicant appeared to present the application. At the
conclusion of the hearing, the Board voted unanimously to grant the
requested Special Permit under § III-A, 1.2 of the By-Law.
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 consists of approximately 40,950 SF located at
the corner of Prospect Street and Captain Thomson Lane. The dwelling,
which dates to approximately 1800, also includes and attached barn and
The Applicant indicated that the property consisted of a two-family
use since prior to his ownership; however, town records categorize the
dwelling as a single-family. The Applicant received a building permit
(No. 1400393) in May 2014 to renovate the dwelling by adding a family
room and bedroom to the existing structure. The permit indicated that
the applicant would require a "Special Permit A1 from the Board of
Appeals before final inspection" since the dwelling is functioning as a
The Board verified that the property complies with the other
standards of use specified in § III-A, 1.2 of the By-Law. According to
Assessor's records, the dwelling consists of 11 rooms where the By-Law
requires a minimum of just 6 rooms existing prior to March 10, 1941. The
property retains the appearance of a single-family dwelling as the
second dwelling unit is located within a portion of the existing
attached barn and silo. The Applicant also confirmed that there is
adequate onsite parking. Finally, the Board of Health Executive Director
performed an inspection and verified that the existing septic system
will support the use .
Based upon the information submitted and received at the hearing, the Board determined in accordance with § I-F, 2 that:
a. Use of the property as a two-family dwelling is in harmony with the
general purpose and intent of the Zoning By-Law because this is a
residential use in a residential district.
b. The proposed use complies with the purposes and standards of the
relevant sections of the By-Law. The continued use of the property for
two families would not change the character of the dwelling from that of
a single-family dwelling with attached historic barn and silo. The
dwelling also consists of more than six rooms exclusive of halls and
bathrooms as required by § III-A, 1.2.
c. The location is an appropriate place given the exterior appearance
of the structure remains consistent with other dwellings in the
d. There will be no adverse impacts associated with the continued use of the property as a two-family dwelling.
e. There will be no hazard to vehicles or pedestrians created by the
conversion since there is a large driveway on the property that provides
adequate parking for both units.
f. Adequate facilities exist to support the use. The Health
Department confirmed that the existing on-site septic system adequately
serves both units.
g. The proposal meets accepted design standards for the two-family residential use.
RULING AND DECISION
Upon a motion made by Joseph W. Freeman and seconded by Joseph M.
Fisher, the Board voted unanimously to GRANT the Special Permit A1 to
allow a two-family use of the property at 222 Prospect Street, subject
to the following conditions:
1. The work shall be constructed in accordance with the referenced plans and representations made during the public hearing.
This Decision shall not become effective until (i) the Town Clerk as
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 Town of Hingham
Board of Appeals,