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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. 

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.

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.

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.

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