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TOWN OF HINGHAMBoard of AppealsNOTICE OF DECISIONSPECIAL PERMITIN THE MATTER OF:Applicant/Owner: Colleen Norve 20 Mann Street Hingham, MA 02043Property: 20 Mann Street, Hingham, MA 02043 Deed Reference: Plymouth County Registry of Deeds, Book 48438, Page 277Plan Reference: Undated plan set prepared by Siemens, including elevations, floor, and framing plans (4 drawings)SUMMARY OF PROCEEDINGS:This matter came before the Board of Appeals (the “Board”) on the application of Colleen Norve (the “Applicant”) for a Special Permit A1 under §§ III-A, 1.8.9 and V-K of the Zoning By-Law (the “By-Law”) and such other relief as necessary to construct an Accessory Dwelling Unit (“ADU”) at 20 Mann Street in Residence District A.The Board opened a duly noticed public hearing on July 24, 2018 at the Hingham Town Hall, 210 Central Street. A continued hearing was held on September 25, 2018 during which the Applicant presented revised floor plans that include a doorway directly connecting the proposed second story Accessory Dwelling Unit to the principal dwelling.The Board panel consisted of its regular members Robyn S. Maguire, Chairman, and Joseph M. Fisher, and associate 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, 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. BACKGROUND AND DISCUSSION:The subject property consists of 9,500 SF of land located on the west side of Mann Street. The lot is improved by a single-family dwelling, which includes an attached single-car garage. The proposed plan would modestly expand the garage and locate an Accessory Dwelling Unit above. During the hearing, the Board discussed the ADU By-Law, newly adopted at the 2018 Annual Town Meeting. The By-Law includes a number of eligibility requirements for ADUs, which the Board reviewed in detail. These include the following:a. As of the date that the application for a special permit is filed with the Board of Appeals, the total number of accessory dwelling units in the Town shall not exceed two and one-half percent (2.5%) of the total single-family dwelling units in the Town (the “ADU Cap”). The ADU Cap shall be determined by a fraction represented as follows: the numerator shall be the total number of accessory dwelling units allowed by special permit pursuant to this Section V-K plus the number of accessory dwelling unit permit applications pending approval before the Board of Appeals and the denominator shall be the total number of single-family dwelling units existing in the Town as classified in the Hingham assessors’ records. This is the first ADU application, so the Town has not exceeded the ADU Cap.b. The applicant shall, at the time application is made for the special permit, be the owner of the lot and single-family dwelling thereon in which the accessory dwelling unit is proposed and must certify in such application that (i) the owner currently occupies the single-family dwelling or will occupy the principal dwelling or accessory dwelling unit as his or her primary residence immediately upon issuance of the special permit and (ii) that the other unit shall be occupied by a family member. The applicant, Colleen Norve, Trustee of the 20 Mann Street Realty Trust, owns the property as evidenced by the submitted deed. She will continue to reside in the principle dwelling. Her mother will occupy the proposed ADU. c. The area of the lot on which the existing single-family dwelling is located shall not be less than five thousand (5,000) square feet or, in the case of new construction, shall comply with the applicable minimum lot size for the single-family zoning district in which the single-family dwelling is proposed. The lot consists of 9,500 SF of land. d. The application must be accompanied by written confirmation from either (i) the Board of Health that the requirements of the Massachusetts Title 5 septic system regulations and the Hingham Board of Health Supplemental Rules and Regulations for septic systems have been or can be met or (ii) the Sewer Department that there exists available capacity in the applicable sewer district, in either case, to support the total number of bedrooms proposed for the lot inclusive of the accessory dwelling unit. The DPW Superintendent confirmed that there is capacity in the North Sewer District. e. Only one accessory dwelling unit shall be permitted within a single family dwelling and per lot so that the total number of dwelling units per lot shall not exceed two. The total number of dwelling units on the lot will not exceed two.f. In Residence District D and in Business Districts A and B accessory dwelling units are only permitted in preexisting nonconforming single-family dwellings. Not applicable.Members also reviewed a number of dimensional and design requirements for ADUs, noting that the proposed plan appears to comply. These include the following:a. The architectural character of a detached single-family dwelling shall be maintained. The character post-construction is that of a single-family dwelling.b. All stairways accessing an accessory dwelling unit above the ground floor of a single-family dwelling shall be enclosed within the exterior walls of the single-family dwelling. The ADU has access to two interior stairways. c. The maximum area of an accessory dwelling unit shall be the lesser of 750 square feet or 30% of the gross floor area of the principal dwelling. For this calculation, the gross floor area shall be as defined in Section VI of this By-Law. The ADU is less than 750 SF.d. An accessory dwelling unit shall not be created by any extension of a nonconforming building dimension, including the front, side or rear yard setback. The ADU complies with side and rear yard setbacks and with an exemption for front yard setback. e. Any new entrance for the accessory dwelling unit or principal dwelling shall be located to the side or rear of the single-family dwelling. The entrance is located to the side of the dwelling. f. Water and sewer utilities serving the accessory dwelling unit shall not be metered separately from the principal dwelling. There will be shared metering. g. Additional or modified landscaping, fences or other buffers may be required to protect abutting properties from potential negative visual or auditory impacts of the accessory dwelling unit. Not applicable. h. The parking requirement for an accessory dwelling unit is one space per bedroom in addition to the minimum required parking spaces for a single-family dwelling. There appears to be sufficient area for three parking spaces, including within the attached garage. i. An accessory dwelling unit may not have more than two (2) bedrooms. The ADU will have 1-bedroom. Finally, the Board discussed the effective date of the ADU By-Law. As provided under MGL c. 40A, s. 5, the effective date of the adoption or amendment of any zoning by-law is the date on which town meeting votes on the matter. In the case of the ADU By-Law, the effective date is specifically April 23, 2018. Members acknowledged that the ADU regulations are in effect, but also the Attorney General’s Office has not completed its review of the regulations at the time of the hearing. The Zoning Act provides that the Attorney General may disapprove, in whole or in part, any newly adopted zoning by-law. The Board committed to impose a condition to mitigate against the risk of the Attorney General disapproving the ADU By-Law either in whole or part. FINDINGS:Based on the information submitted and presented during the hearing, and the deliberations and discussions of the Board during the hearing, the Board made the following findings in accordance with the Special Permit Approval Criteria under Section I-F, 2:1. Use of the property is in harmony with the general purpose and intent of the Zoning By-Law. The proposed Accessory Dwelling Unit 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 project, which creates an additional housing unit for an extended family member, without altering either the character of the principal dwelling or the neighborhood, advances the purposes specified in Section V-K. Additionally, the Accessory Dwelling Unit meets all eligibility, dimensional, and design requirements. 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 Accessory Dwelling Unit. Additional housing will be created with no impact on the neighborhood.5. There will be no nuisance or serious hazard to vehicles or pedestrians. A sizeable driveway on the property and an attached single-car garage provide adequate parking for the proposed accessory use. There will be no nuisance or hazard resulting from the creation of an Accessory Dwelling Unit. 6. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use. Adequate facilities exist for wastewater disposal and onsite parking. 7. The proposal meets accepted design standards and criteria for the functional design of facilities, structures, stormwater management, and site construction. The proposal meets accepted design standards. DECISION Upon a motion made by Joseph M. Fisher and seconded by Mario Romania, Jr., the Board voted unanimously to grant the requested Special Permit A1 under §§ III-A, 1.8.9 and V-K of the By-Law to construct an Accessory Dwelling Unit at 20 Mann Street in Residence District A , subject to the following conditions:1. The work shall be completed in accordance with the approved plans and representations made during the public hearing. 2. This Special Permit shall lapse if the Attorney General disapproves in whole, or shall require the Applicant to return to the Board to determine whether modification would be required and to seek such modification if deemed applicable by the Board if the Attorney General disapproves in part, any provision of Section V-K as adopted at Annual Town Meeting 2018 that would effect the use of the Property.3. In accordance with § V-K, 5 of the By-Law, this special permit is subject to the following general conditions:a. The owner of the single-family dwelling shall occupy either the principal dwelling or the accessory dwelling unit as the owner’s primary residence. Temporary absences of the owner for a period of not more than nine months in the aggregate in any twelve month period and active military service of the owner for any length of time shall not be deemed a violation of this requirement provided that the dwelling units may only be occupied by family members of the owner during the owner’s absence. b. The owner shall recertify annually, by submission of a notarized letter to the Building Commissioner, hat the owner will continue to occupy either the primary dwelling or the accessory dwelling unit as the owner’s primary residence, except for a bona fide temporary absence as provided above in subsection 5.a. of the By-Law. c. Upon the sale or other conveyance or transfer of a single-family dwelling which has been issued a permit for an accessory dwelling unit, if the new owner wishes to maintain the special permit for the accessory dwelling unit use, such new owner must, within thirty (30) days of such transfer, submit a notarized letter to the Building Commissioner certifying that the new owner will occupy one of the dwelling units as the new owner’s primary residence and comply with the other conditions of the accessory dwelling unit use. d. Neither the principal dwelling nor the accessory dwelling unit may be sold or otherwise conveyed or transferred separately from the other. 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 October 18, 2018