View Other Items in this Archive | View All Archives | Printable Version

Board of Appeals

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.

BACKGROUND

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 silo.

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 two-family.

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 .

FINDINGS

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 residential area.

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,