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Applicant and        76 Kilby Street Limited Partnership c/o John Woodin
Property Owner:    156 Union Street   
            Hingham, MA  02043   

Premises:        76 Kilby Street           
            Hingham, MA  02043

Title Reference:        Plymouth County Registry of Deeds, Book 44144, Page 201

Plan References:    Plot Plan entitled "Existing Building 76 Kilby Street," prepared by William E.                 Rainey, RLS, undated; Plan entitled, "Proposed Sewer Connection," prepared by                 James Engineering, Inc., 125 Great Rock Road, Hanover, MA, dated March 11,                 2014; and Floor Plans, entitled "Alterations to: Existintg 2 Family Residence,"                 prepared by AXIOM Architects, 2046 Washington Street, Hanover, MA, dated                 March 4, 2004.


This matter came before the Board of Appeals on the application of John Woodin (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 76 Kilby Street in Residence District C.

The Zoning Board of Appeals heard the application at a duly advertised and noticed hearing on March 25, 2014 in the Hingham Town Hall at 210 Central Street.  The Board of Appeals panel consisted of its associate members: Mario Romania, Jr., Acting Chairman, Robyn S. Maguire and David W. Anderson. The Applicant appeared to present the application.


The subject property consists of approximately 9,150 SF, improved with an existing residential structure. According to the Assessor, the residence is a single-family structure constructed in 1900.
The Applicant addressed the Board. He noted that JP Morgan Chase owned the property at the time of application, but that the 76 Kilby Limited Partnership had acquired it since. He explained that former owners had converted the residence to two-family use without the benefit of a Special Permit. He submitted photographs of separate utility meters to illustrate that the structure had served two-families. The applicant plans to renovate the structure, but will not need to expand the structure beyond a secondary means of access from one of the units. The property includes adequate parking and the residence will be connected to the public sewer system.  

The Chair opened the hearing for public comment. The Building Commissioner, Michael Clancy, confirmed that there is sufficient onsite parking and expressed support for the planned renovations. No one appeared or wrote to the Board in opposition to the application.


Based on this review, the Board determined that the proposed 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 residence will be connected to the municipal sewer 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 76 Kilby Street to a two-family dwelling subject to the following conditions:

1.    The addition shall be constructed in accordance with the plans submitted with the application, 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,

                        Mario Romania, Jr.
                        April 9, 2014