|
|
View Other Items in this Archive |
View All Archives | Printable Version
TOWN OF HINGHAM
BOARD OF APPEALS
SPECIAL PERMIT A1 DECISION
TO CONVERT A SINGLE-FAMILY DWELLING TO A TWO-FAMILY DWELLING
IN THE MATTER OF:
Applicant and Antonio Teixeira
Property Owner: 120 Segreganset Road
Taunton, MA 02780
Premises: 5 Abington Street
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds, Book 42244, Page 135
Plan
References: Plan entitled "As-built Septic Plan & Prop.
Foundation Plan," prepared by McSweeney Associates, Inc., 745 Winter
Street, Hanson, MA, dated January 16, 2013 and
revised July 9, 2013 (1 sheet) and unstamped floor and elevation plans
entitled, "Texeria Residence Schematic Design Plans," prepared by Aprea
Design, PO Box 680, Hingham, MA, revised March 19, 2013, Drawings A-1 -
A-4.
SUMMARY OF PROCEEDINGS:
This matter came before the
Board of Appeals on the application of Antonio Teixeira (the
“Applicant”) for a Special Permit A1 under §III-A, 1.2 of the Zoning
By-Law and such other relief as necessary to alter and convert a
single-family dwelling built prior to 1941 to accommodate two families
at 5 Abington Street in Residence District A.
The Zoning Board
of Appeals heard the application at a duly advertised and noticed
hearing on May 21, 2014 in the Hingham Town Hall at 210 Central Street.
The Board of Appeals panel consisted of its regular members: W. Tod
McGrath, Acting Chairman, and Joseph Fisher and associate member David
W. Anderson. The Applicant appeared to present the application.
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 40,000 SF, improved with an existing
residential structure. According to the Assessor, the single-family
residence was constructed in 1940 and includes eight rooms. Under §III-A
1.2 of the Zoning By-Law, the Board may grant a special permit to allow
the alteration and conversion of single-family dwellings built prior to
1941 and consisting of at least six rooms to a two-family dwelling.
During
the hearing, the Applicant described the two-bedroom unit that they
plan to add above the attached garage for use by extended family. The
Applicant testified that the property includes adequate parking. A
five-bedroom septic system also exists on the property to support the
proposed two-family use.
FINDINGS:
After review, the Board
determined that the proposed use would not change the character of the
dwelling from that of a single-family dwelling.
As required by
Section I-F, 2, the Board further found that (a) use of the property as a
two-family dwelling would be in harmony with the general purpose and
intent of the Zoning By-Law which specifically contemplates a Special
Permit for this conversion, (b) the proposed use complies with the
purposes and standards of the relevant sections of the By-Law, (c) the
location is an appropriate place for such given the exterior appearance
of the structure will remain consistent with other dwellings in the
residential area, (d) there will be no adverse impacts associated with
the conversion, (e) there will be no hazard to vehicles or pedestrians
created by the conversion since the property has adequate parking, (f)
that the additional unit will be supported by the septic system,
includes water facilities and adequate access, and (g) the proposal
meets accepted design standards for the proposed two-family residential
use.
RULING AND DECISION:
For the reasons set forth
hereinabove, the Board voted unanimously to GRANT the Special Permit A1
to alter and convert the existing dwelling at 5 Abington Street to a
two-family dwelling 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,
________________________________
W. Tod McGrath, Chairman
|
|