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TOWN OF HINGHAM
Board of Appeals

NOTICE OF DECISION
SPECIAL PERMIT

IN THE MATTER OF:

Applicant/Owner: Benedict D. Wilcox
36 North Street
Hingham, MA 02043

Premises: 319 North Street, Hingham, MA 02043

Title Reference: Plymouth County Registry of Deeds, Book 48192, Page 134

Plan References: Plan entitled "Plan of Land at 319 & 323 North Street, Hingham, MA," prepared by South Shore Survey Consultants, Inc., 167 R. Summer Street, Kingston, MA, dated June 28, 2004 and revised August 27, 2004; “Proposed Site Modifications” plan, prepared by Wilcox Corporation, 36 North Street, Hingham, MA, dated March 16, 2017; and a “Front Elevation” and “Right Elevation” plan, prepared by Wilcox Corporation, dated March 26, 2017

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals (the “Board”) on the application of Benedict D. Wilcox (the “Applicant”) for a Special Permit A1 under §III-A, 1.2 of the Zoning By-Law (the “By-Law”) and such other relief as necessary to convert a single family dwelling to a two family dwelling at 319 North Street in Residence District A.

The Zoning Board of Appeals heard the application at a duly advertised and noticed public hearing on April 19, 2017 in the Hingham Town Hall at 210 Central Street. The Board of Appeals panel consisted of its regular members Joseph W. Freeman, Chairman, and Joseph M. Fisher and associated member Mario Romania. The Applicant appeared to present the application.
At the conclusion of the hearing, the Board voted unanimously to grant the requested Special Permit to convert a single family dwelling to a two family dwelling at 319 North Street.

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.

BACKGROUND

The subject property consists of 29,173 SF of land improved by an existing dwelling known as the “Thomas Lincoln House.” Built circa 1650 on South Street, the home was later relocated to North Street. The structure was used as a two-family dwelling from c. 1810 to about 1960. Thereafter it appears to have been used as a single-family.

The Applicant intends to convert the property back to a two-family use. In addition to significant interior improvements, a small (8’x15’) portion of the structure will be removed from the westerly elevation in order to accommodate a new driveway and 2-car parking area of the west unit. The east unit would have access to the existing driveway, which includes two tandem parking spaces.

Section III-A, 1.2 allows the conversion of a single-family dwelling to a two-family if certain eligibility requirements are met. First, the dwelling had to contain at least six rooms exclusive of halls and bathrooms. According to Assessors Records confirm that the structure includes a total of seven rooms. Second, the dwelling had to exist as of March 10, 1941. As noted above, the structure dates to c. 1650. Finally, the exterior design must maintain the appearance of a single-family dwelling. The Board confirmed that the Property complies with these eligibility requirements.

FINDINGS

Based upon the information submitted and received at the hearing, and the discussion and deliberations of the Board during the hearing, the Board determined in accordance with § I-F, 2. that:

a. The proposed use will be in harmony with the general purpose and intent of the Zoning By-Law, for the following reasons:
Use of the property as a two-family dwelling is in harmony with the general purpose and intent of the Zoning By-Law because this is a residential use in a residential district.

b. The proposed use complies with the purposes and standards of the relevant specific sections of this By-Law, for the following reasons:
The proposed use complies with the purposes and standards of the relevant sections of the By-Law. Conversion to a two-family use will not change the character of the dwelling from that of a single-family dwelling. The dwelling also consisted of more than six rooms exclusive of halls and bathrooms prior to March 10, 1941 as required by § III-A, 1.2.

c. The specific site is an appropriate location for such use, structure, or condition, compatible with the characteristics of the surrounding area, for the following reasons:
The property is an appropriate location for residential use in close proximity to downtown businesses and public transportation opportunities.

d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons:
There will be no adverse impact associated with the proposed use.

e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:
Dedicated parking with two off-street parking spaces for each unit will be provided on site with access to North Street.

f. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use, for the following reasons:
Adequate facilities exist for the proposed two-family use.

g. The proposed Project meets accepted design standards and criteria for the functional design of facilities, structures, stormwater management, and site construction, for the following reasons:
The proposal meets accepted design standards for the two-family residential use.

DECISION

Upon a motion made by Joseph M. Fisher and seconded by Mario Romania, Jr., the Board voted unanimously to GRANT the Special Permit A1 to allow a two-family use of the property at 319 North Street in Residence District A, subject to the following condition:

1. The Applicant shall construct the Project in a manner consistent with the approved plans and the representations made at the hearing before the Board.

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 Board of Appeals,


________________________________
Joseph W. Freeman, Chairman
June 8, 2017