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Board of Appeals



Applicant/Owner: Brendan Burke
665 Washington Street
Weymouth, MA 02188

Property: 343R High Street, Hingham, MA 02043

Deed Reference: Plymouth County Registry of Deeds, Book 48237, Page 130

Plan Reference: • "Plan of Land, 343 Rear High Street, Hingham, MA,” prepared by Hoyt Land Surveying, 1287 Washington Street, Weymouth, MA, dated January 18, 2018 (1 Sheet)
• “Septic Component Upgrade plan at 343 R High Street in Hingham, MA,” prepared by Patriot Permitting & Engineering, 9 Barstow Lane, Rockland, MA, dated September 12, 2017 (1 Sheet)
• "New House Addition, 343R High Street, Hingham, MA,” including proposed floor plans, dated September 13, 2017, and elevation plans, dated May 15, 2017, prepared by Walter A. McKinnon Associates, Inc., 278 Washington Street, Weymouth, MA, (Sheets 1-2)


This matter came before the Board of Appeals (the “Board”) on the application of Brendan Burke (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 343 R High Street in Residence District B.

The Board opened a duly noticed public hearing on May 15, 2018 at the Hingham Town Hall, 210 Central Street. The Board panel consisted of its regular members Robyn S. Maguire, Chairman, and Joseph M. Fisher, and associate member Joseph W. Freeman. The Applicant appeared to present the application. At the conclusion of the hearing, the Board voted unanimously to grant the requested Special Permit, subject to the conditions set forth below.
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.


The subject property consists of 31,906 SF of land located on the east side of Duck Lane on the municipal boundary between Hingham and Weymouth. The lot is improved by a single family dwelling, which includes a recently approved attached, 2-car garage.

Section III-A, 1.2 of the By-Law allows the alteration and conversion of a single-family dwelling existing as of March 10, 1941 and consisting of at least six rooms, exclusive of hall and baths, to a two-family dwelling by special permit. Section III-A, 1.2 also requires the converted structure to maintain the appearance of a single-family dwelling.

During the hearing, Board members confirmed that the property meets all applicable eligibility requirements for the requested special permit. According to the Assessor records, the existing single family dwelling was constructed in 1875 and consists of seven rooms, including 4 bedrooms. Since the proposed project will not result in any exterior changes to the dwelling structure, the Board agreed that the structure would continue to maintain the appearance of a single-family dwelling.

Proposed interior work includes conversion of the existing dwelling from a 4-bedroom to a 3-bedroom. The proposed second 1-bedroom unit will be located in the existing walkout basement. Since no more bedrooms are proposed on the site, the existing wastewater disposal system will be adequate to support the proper operation of the proposed two-family dwelling. Additionally, the newly constructed 2-car garage and existing driveway for the property provide ample parking for the two units.


In accordance with § I-F, 2, and based upon the information submitted and received, and the deliberations and discussions of Board members during the hearing, the Board has determined that:

1. Use of the property is in harmony with the general purpose and intent of the Zoning By-Law. The proposed two-family use is in harmony with the purposes and intent of the By-Law because this is a residential use in a residential district. The proposed secondary unit will not affect the public health, safety, or welfare.

2. The proposed use complies with the purposes and standards of the relevant sections of the By-Law. The existing single-family dwelling dates to 1875 and consists of more than six rooms, exclusive of halls and bathrooms, as required by § III-A, 1.2. The second unit will be located within the existing walkout basement and will not alter the character of the principal structure from that of a single-family dwelling.

3. The specific site is an appropriate location for the proposed use and is compatible with the characteristics of the surrounding area. The exterior of the structure will maintain the appearance of a single-family, consistent with others in the neighborhood.

4. The use as developed and operated will create positive impacts or the potential adverse impacts will be mitigated. There will be no adverse impacts associated with the proposed use of the property as a two-family dwelling. Additional housing will be created with no adverse impacts on the neighborhood.

5. There will be no nuisance or serious hazard to vehicles or pedestrians. A sizeable driveway and 2-car garage on the property provides adequate parking for the proposed two-family use. There will be no nuisance or hazard resulting from the conversion.

6. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use. No additional bedrooms will be created within the principal structure. Adequate facilities exist for wastewater disposal. As noted previously, there is ample parking on site to support a second dwelling unit.

7. The proposal meets accepted design standards and criteria for the functional design of facilities, structures, stormwater management, and site construction. No exterior alterations to the building or the site are required for the conversion. Not applicable.


Upon a motion made by Joseph M. Fisher and seconded by Joseph W. Freeman, the Board voted unanimously to grant the requested Special Permit A1 under § III-A, 1.2 of the By-Law and such other relief as necessary to convert a single-family dwelling to a two-family dwelling at 343 R High Street in Residence District B, subject to the following conditions:

1. The work shall be constructed in accordance with the approved plans and representations made during the public hearing.

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 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,

Robyn S. Maguire
May 29, 2018