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Board of Appeals



Applicant/Owner: HAS Five Corporation
Harold Shaw, Treasurer
102 Station Street
Hingham, MA 02043

Property: 16B North Street
Hingham, MA 02043

Deed Reference: Certificate of Title No. 91835 issued by the Plymouth County Registry District of the Land Court

Plan References: Plans entitled, "Existing Site Plan – 16B North Street" and "Proposed Renovations to 16B North Street," prepared by Strekalovsky Architecture, respectively dated December 15, 2017 and December 11, 2017


This matter came before the Board of Appeals (the “Board”) on the application of HAS Five Corporation, Harold Shaw, Treasurer (the “Applicant”) for a Special Permit A2 under §§ III-A, 4.22 and III-G of the Zoning By-Law (the “By-Law”) and such other relief as necessary to convert an existing building to a Commercial/Residential Building, including professional office space and a single 1-bedroom dwelling unit, at 16 B North Street in Business A and the Downtown Hingham Overlay Districts.

The Applicant simultaneously filed an application for Site Plan Approval under § I-G and § I-I of the By-Law with the Planning Board. During its regularly scheduled meeting on January 16, 2018, the Planning Board reviewed the application, which included a request to waive the public hearing requirement. The Planning Board determined that the revised plan constituted a minor site plan in accordance with § I-I, 5.(b) and waived the requirement for Site Plan Review on the matter.

The Board of Appeals held a properly noticed public hearing on the matter on January 30, 2018 in Hingham Town Hall, 210 Central Street. The Board of Appeals panel consisted of its regular member Robyn Maguire, Chair, and associate members Michael Mercurio and Joseph W. Freeman. The Applicant and the project architect, Vcevold Strekalovsky, appeared to present the request. At the conclusion of the proceedings, the Board voted unanimously to approve the requested Special Permit A2 under § III-G of the By-Law.

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 meeting.


The subject property consists of approximately 0.12 acres of land located between North Street and the Station Street parking lot. The lot supports two separate commercial buildings and related improvements. The proposed plan would convert second floor space within the existing commercial building on the southwestern portion of the property to a 1-bedroom residential dwelling. No changes to the exterior façade or access to the property are required by the proposed conversion.

In addition to the Site Plan Review Waiver referenced in the Summary of Proceedings, the Planning Board issued a Special Permit A3: Parking Determination under § III-G.7.iv.b of the By-Law, allowing the Applicant to fulfill the off-street parking requirement of 1 space through participation in a designated resident public parking program at Station Street.

During the hearing, an abutter to the Property spoke in favor of the proposed use as a Commercial/Residential Building.


Based upon the information submitted and received at the hearing, and the deliberations and discussions of Board members during the meeting, the Board has determined that:

a. The proposed use will be in harmony with the general purpose and intent of the Zoning By-Law, for the following reasons:
The proposed use is consistent with the general purpose of the By-Law as no adverse impact is expected to the health, safety, or welfare of the downtown businesses, neighbors, or the Town.

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 project both supports the purposes and objectives of the Downtown Hingham Overlay District and complies with the eligibility requirements specified therein. The plan provides a mix of uses, including a housing option not otherwise available in the surrounding area. Commercial space will be maintained on the ground level. The proposed residential unit complies with the minimum floor area and maximum number of bedrooms and will have use of overnight parking within the Station Street parking lot as provided in the By-Law.

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 subject property is an appropriate location for the proposed Commercial/Residential Building use.

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:
Overnight parking will be provided for the proposed residential use within the public parking lot at Station Street in accordance with the Planning Board’s Special Permit A3 Decision, dated January 23, 2018. Conversion of existing commercial space to a residential use also reduces the onsite parking demand.

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 use. The property is presently served by sewer and water and located within walking distance of public transportation.

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:
No exterior construction is proposed in connection with the Project. The existing systems are adequate for the proposed use and do not require modification.


Upon a motion made by Joseph W. Freeman and seconded by Michael Mercurio, the Board voted unanimously to grant the Commercial/Residential Building Special Permit A2 under § III-G of the By-Law, to convert an existing building to a Commercial/Residential Building, including professional office space and a single 1-bedroom dwelling unit, at 16 B North Street in Business A and the Downtown Hingham Overlay Districts, 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.

For The Board of Appeals,

Robyn S. Maguire
April 13, 2018