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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 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.
SUMMARY OF PROCEEDINGS:
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.
BACKGROUND:
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.
FINDINGS:
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.
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 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
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