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TOWN OF HINGHAM
Board of Appeals
NOTICE OF DECISION
IN THE MATTER OF:
Applicant: The Hingham Cemetery Corporation Agent: John Davenport
12 South Street, PO Box 105 63 Burditt Avenue
Hingham, MA 02043 Hingham, MA 02043
Owner: Jonathan and Mildred Bouve
24 South Street
Hingham, MA 02043
Property: Portion of 24 South Street, Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds, Book 15339, Page 226
Plan References: “Plan of Land for 24 South Street in Hingham, Mass.,” prepared by Ross Engineering Company, Inc., 683 Main Strceet, Norwell, MA, dated December 16, 2019 (1 Sheet) and “Landscape Plan,” prepared by Sean Papich Landscape Architecture, 222 North Street, Hingham, MA, dated March 22, 2021 (1 Drawing)
SUMMARY OF PROCEEDINGS:
This matter came before the Board of Appeals (the “Board”) on the application of The Hingham Cemetery Corporation (the “Applicant”) for a Special Permit A1 under § III-A, 3.9 of the Zoning By-Law (the “By-Law”) and such other relief as necessary to incorporate a portion of the land at the rear of 24 South Street in the Official & Open Space District into the Hingham Cemetery.
The Board held a duly noticed public hearing on April 13, 2021 by remote participation pursuant to the Order issued by the Governor of Massachusetts, dated March 12, 2020, Suspending Certain Provisions of the Open Meeting Law and applicable provisions of the Open Meeting Law found at 940 CMR 29 et seq. The Board panel consisted of its regular members Robyn S. Maguire, Chair, and Paul K. Healey, and associate member Lauren Galvin. The Applicant’s representative, John Davenport, presented the request. At the conclusion of the hearing, the Board voted unanimously to issue the requested special permit, with conditions as set forth below.
BACKGROUND AND DISCUSSION:
The subject property consists of a 2,470 SF parcel of land located to the rear of a nonconforming single-family dwelling at 24 South Street and abutting Hingham Cemetery. The Applicant hopes to use the parcel, which will be donated by the current owner, for burial purposes. In January 2020, the Applicant filed an ANR plan with the Planning Board to create the parcel. In accordance with MGL c. 144, s. 34, the Hingham Board of Health approved the proposed use of the land in February 2020 and Town Meeting subsequently granted permission to expand the Cemetery in June 2020.
The original property is bifurcated by the zoning district boundary between Business A and the Official and Open Space District. Additionally, there is a steep slope located to the immediate rear of the existing dwelling. For both these reasons, the portion of the property that is the subject of this application is otherwise not highly usable to the owner. It is however well situated to be used by the adjoining Cemetery.
Based on the information submitted and presented during the hearing, and discussions with the Applicant during the meetings, the Board made the following findings in accordance with the Special Permit Approval Criteria under Section I-F, 2:
Upon a motion made by Paul K. Healey and seconded by Lauren Galvin, the Board voted unanimously to grant the requested Special Permit A1 under § III-A 3.9 of the By-Law and such other relief as necessary to incorporate a portion of the land at the rear of 24 South Street in the Official & Open Space District into the Hingham Cemetery, subject to the following conditions:
For the Board of Appeals,
Robyn S. Maguire, Chair
May 26, 2021