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TOWN OF HINGHAM
BOARD OF APPEALS
Applicant: Terrance M and Janet K. McNulty
17 Emerald Street, Hingham, MA 02043
Property Owner: Terrance M and Janet K. McNulty
17 Emerald Street, Hingham, MA 02043
Premises: 17 Emerald Street
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds Book 5675 Page 248
SUMMARY OF PROCEEDINGS:
This matter came before the Board of Appeals on the application of Terrance M and Janet K. McNulty (petitioner) (the “Applicants”) for a Special Permit A2 under §V-G of the Zoning By-Law and such other relief as necessary to operate a Bed & Breakfast establishment at 17 Emerald Street, in Residence District A, along with Site Plan Review under §I-G and §I-I.
The Zoning Board of Appeals and Planning Board heard the application jointly at a duly advertised and noticed joint hearing on May 15, 2013 at 7:45 PM in the Hingham Town Hall at 210 Central Street. The Board of Appeals panel consisted of its members: Joseph Fisher, Chairman; Tod McGrath, Clerk; and Joe Freeman. Members of the Planning Board present were: Judy Sneath, Chairman; William Ramsey, Clerk; Sarah Corey; and Gary Tondorf-Dick. The Applicants were also in attendance.
BACKGROUND:
Mr. and Mrs. McNulty informed the Boards that they bought their house 25 years ago with the intention of making it a Bed & Breakfast. The By-Law did not allow for the use of a Bed & Breakfast establishment at that time. Mr. McNulty stated he was instrumental in the Zoning By-Law change for the use to be allowed. At this time they would like move forward and make their home a Bed & Breakfast.
Submitted with the application on April 2, 2013 we received requested findings of fact along with:
- Application for Site Plan Approval in Association with Application for Special Permit A2 (2 pages)
- Unstamped/undated Building Sketch plan stating “Shaded Area B&B” (1 page preparer unknown)
- 8 undated interior and exterior photos of the property
- Plan Showing Proposed Barn dated Nov. 10, 1998 prepared by Ernest H. Fagerstorm stamped by Joseph L. Calabro, Jr. RLS (1 page)
- A copy of the Deed dated June 11, 1984 from Leo F. Shea Conservator of the property of Margarita E. Burns to Terrence M. McNulty and Janet K. McNulty (1 page)
- Check for $400.00 to cover the filing fee
- On April 9, 2013 the certified list of abutters was filed as part of the application (5 pages including cover sheet).
At the hearing the applicant submitted a number of photographs of the property (interior and exterior) and stated that the Bed and Breakfast will consist of two bedrooms in a portion of the existing home. There is an existing screened driveway that will be used for guests.
The By-Law states that the purposes of Section V-G “Bed and Breakfast Establishment” which requires a Special Permit A2 from the Zoning Board of Appeals is:
- to encourage the utilization of homes in residential and business zoned districts which because of their size are costly and/or difficult to maintain as private residences; to provide and economic incentive to maintain and to rehabilitate older, larger residences.
- to regulate Bed & Breakfast establishments to insure sensitivity and compatibility with the surrounding neighborhoods in residentially zoned districts through minimizing adverse impacts on neighboring residential uses.
Mr. McNulty explained that a portion of the house was built in 1690 which will be the Bed & Breakfast location. It will have two bedrooms. The main portion of the house was built in 1880 and includes an additional four bedrooms.
There were no comments from abutters.
Planning Board members reviewed the project in accordance with the Site Plan Criteria contained in Section I-I (6), and It was moved, seconded and SO VOTED to grant site plan approval upon the application dated April 17, 2013 for a two bedroom Bed & Breakfast to be located at 17 Emerald Street, Hingham.
FINDINGS
The Board of Appeals discussed the approval criteria from Section 1-F 2 as related to this project. They found that the proposed use was in harmony because the By-Law makes it in harmony, and, that the use as proposed complies with the purposes and standards of the By-Law. Further, they found that the specific site was an appropriate location for a Bed and Breakfast, that there would be no negative impacts, no hazards to vehicles or pedestrians and no changes to the site. The Board also discussed sequentially the minimum requirements for a Bed & Breakfast as detailed in Section V-G 4 of the By-Law and determined that the Applicant and proposed location met or exceeded said requirements.
RULING AND DECISION:
WHEREFORE, the Town of Hingham Board of Appeals, for the reasons set forth hereinabove, voted unanimously at its meeting on May 15, 2013 to approve the Special Permit A2 under §V-G of the Zoning By-Law and such other relief as necessary to operate a Bed & Breakfast establishment at 17 Emerald Street, in Residence District A, subject to the following conditions:
- The conditions of Section VG of the By-Law are incorporated as part of the permit;
- The Site Plan approval is incorporated as part of the permit; and,
- The Permit is issued to Terrance M and Janet K. McNulty and is not transferable. Further, it is valid only until the residence is transferred.
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
Dated: June __________, 2013 By:________________________________
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