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TOWN OF HINGHAM

BOARD OF APPEALS

IN THE MATTER OF:

Applicant and                        Mario Rosano

Property Owner:                   191 Hull Street

                                                Cohasset, MA

 

Premises:                                122 Hull Street

                                                Hingham, MA  02043

 

Title Reference:                     Plymouth County Registry of Deeds Book 13741, Page 178

 

SUMMARY OF PROCEEDINGS:

This matter came before the Board of Appeals on the application of Mario Rosano, 191 Hull Street, Cohasset, MA (the “Applicant”) for a Special Permit A1 under §III-A, 1.2 of the Zoning By-Law and such other relief as necessary to maintain the existing dwelling at 122 Hull Street (the “Property”), in Residence District C, as a two-family dwelling.

 

A public hearing on the application was duly noticed and held on Wednesday, November 7, 2012 at the Town Hall before a panel consisting of regular members Joseph M. Fisher, Chairman, Joseph W. Freeman and W. Tod McGrath.  The Applicant was represented by Attorney Gregory V. Sullivan. 

 

BACKGROUND:

The Applicant received a Violation Notice from the Building Department dated August 10, 2012 which stated the Applicant was in violation for “Failure to secure a permit to change occupancy from a single family dwelling to a two family dwelling.”  Upon receiving the notice the Applicant filed for a Special Permit A1 to maintain the existing dwelling as a two-family dwelling.

 

The Property, approximately 12,632sq.ft, consists of a dwelling containing 7 rooms with approximately 1,266sq.ft. of living area built around 1900.  The Property has two driveways with adequate on-site parking.  As part of the applicant the Applicant submitted unstamped/undated floor plans (2 pages) showing First Floor and Second Floor.  During the hearing the Applicant submitted updated unstamped/undated floor plans (2 pages) delineating the First Floor from Second Floor as well as 4 photographs of the exterior of the dwelling.

 

DISCUSSION:

During the hearing the Applicant testified that the dwelling has been owned by his family for over 30 years and has been used as a two-family for at least that long.  The Applicant also testified that the prior owners also had used the dwelling as a two-family, perhaps even as early as the 1930’s when the second kitchen was originally installed.  One abutter from Cohasset, who has lived there for over 40 years, concurred with the Applicant’s testimony.

 

The Board and the Applicant discussed the proposed interior changes including closing the existing doorway between the bathroom and stairwell on the first floor, along with exterior changes which would replace a window with an exit door and a landing to the existing walkway.  Said exit doorway will provide for a second means of egress for unit 1. 

 

FINDINGS AND DECISION:

The Board reviewed the Special Permit criteria as well as the provisions under §III-A, 1.2 of the Zoning By-Law and found that the dwelling consists of at least 6 rooms, exclusive of hall and bathrooms, has existed prior to March 10, 1941 and will not accommodate more than two families.  The Board also determined that the exterior changes would not change the character of the dwelling from that of a single-family dwelling.

 

The Board found that (i) the continued use 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, (ii) that the location is an appropriate place for such given the existence of other two-family dwellings in the residential area, (iii) that the site has adequate public sewerage and water facilities and adequate access, (iv) that the use as developed will not adversely affect the neighborhood, subject to the conditions set forth herein, and (v) that there will not be a nuisance or serious hazard to the vehicles or pedestrians using adjacent and nearby ways.

 

Therefore, the Board voted unanimously to GRANT the Special Permit to maintain the existing dwelling at 122 Hull Street as a two-family dwelling subject to the following conditions:

 

  1. Interior doorway joining units 1 and 2 on the 1st floor, adjacent to the bathroom in unit 1, be closed as indicated on the plan included with the application
  2. Proposed exterior doorway for second egress for unit 1 be constructed with adequate stairs and landing to the existing walkway.

 

This decision shall not take effect until a copy of the decision, bearing the certification of the Town Clerk that twenty (20) days have elapsed since the decision has been filed in the office of the Town Clerk and no appeal has been filed, or that if such appeal has been filed that it has been dismissed or denied, is recorded with the Plymouth County Registry of Deeds and/or the Plymouth County Land Court Registry, and indexed in the grantor index under the name of the record owner or is recorded and noted on the owner’s certificate of title.

 

For the Board of Appeals,

 Joseph W. Freeman

December 27, 2012