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Applicant and            Charles Rathke
Property Owner:       62 Hersey Street           
                                   Hingham, MA  02043   

Premises:                 62 Hersey Street           
                                  Hingham, MA  02043

Title Reference:        Plymouth County Registry of Deeds, Land Court Cert. #30923, Registration Book 154 Page 77


This matter came before the Board of Appeals on the application of Charles Rathke (the “Applicant”) for a Special Permit A1 under §III-A, 1.2 of the Zoning By-Law and such other relief as necessary to alter and convert a single-family dwelling built prior to 1941 to accommodate two families at 62 Hersey Street in Residence District A.

The Zoning Board of Appeals heard the application at a duly advertised and noticed hearing on October 16, 2013 in the Hingham Town Hall at 210 Central Street.  The Board of Appeals panel consisted of its regular members: Joseph W. Freeman, Chairman; Joseph Fisher, Clerk; and W. Tod McGrath. The Applicant was also in attendance.


The Applicant described the new unit, which will consist of a kitchen on the first floor with a  bedroom and bathroom located over the existing garage. He intends to reside in the new unit and his daughter's family will occupy the existing home. As represented in the application, the property is connected to municipal sewer and has adequate onsite parking.

An abutter, Brian Curtis, 66 Hersey Street, attended the hearing and spoke in favor of the proposed two-family use of the property.


The Board reviewed the following plans submitted with the application:
Unstamped plans (9 pages preparer unknown) entitled as follows: Rathke Residence dated 7/6/13; First Floor dated 7/6/13; Second floor Addition to Garage Area Front Elevation dated 7/5/13; Second floor Addition over Garage Side Elevation dated 7/5/13; Second floor framing now in place dated 7/5/13; undated/unstated layout plan; Second floor dated 7/5/13; Specifications; unstamped Plot Plan dated 9/10/13.

Based on this review, the Board determined that the exterior modifications would not change the character of the dwelling from that of a single-family dwelling.

As required by Section I-F, 2, the Board further found that (a) use of the property 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, (b) the proposed use complies with the purposes and standards of the relevant sections of the By-Law, (c) the location is an appropriate place for such given the exterior appearance of the structure will remain consistent with other dwellings in the residential area, (d) there will be no adverse impacts associated with the conversion, (e) there will be no hazard to vehicles or pedestrians created by the conversion since the property has a large driveway, (f) that the site has adequate public sewerage and water facilities and adequate access, and (g) the proposal meets accepted design standards for the proposed two-family residential use.


For the reasons set forth hereinabove, the Board voted unanimously to GRANT the Special Permit A1 to alter and convert the existing dwelling at 62 Hersey Street to a two-family dwelling subject to the following conditions:

1.    The Applicant shall provide confirmation to the Building Commissioner and the Board that the existing dwelling consists of at least six rooms and was constructed prior to 1941, as required under §III-A, 1.2 of the Zoning By-Law, prior to issuance of a building permit.

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 Town of Hingham
Board of Appeals,

                        W. Tod McGrath
                        November 7, 2013