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TOWN OF HINGHAM
BOARD OF APPEALS
Applicant and Robert and Lisa Delmonico
Property Owner: 132 Main Street
Hingham, MA 02043
Premises: 132 Main Street
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds, Book 42179, Page 273
SUMMARY OF PROCEEDINGS:
This
matter came before the Zoning Board of Appeals on the application of
Robert and Lisa Delmonico (the “Applicants”) for a Variance from the
requirements of §IV-A of the Zoning By-Law and other relief as necessary
to replace an existing single car garage with a 5.1' side yard setback
with a new two-car garage at 132 MAIN STREET (the “Property”) in
Residence District A.
A public hearing was duly noticed and held
on November 20, 2013 at Hingham Town Hall before a panel consisting of
regular members Joseph W. Freeman, Chairman, Joseph M. Fisher and W. Tod
McGrath. The property owner, Robert Delmonico, appeared to present the
application.
BACKGROUND:
The Property consists of
approximately 19,638 SF improved with a single family dwelling along
with a detached, one-car garage. The lot itself is flag-shaped, with
less than 50' of frontage, but opening at its midpoint to approximately
112' in width at the rear property line. The existing garage is located
approximately 5.1' from the side property line and approximately 2' from
the existing dwelling. A septic tank and leaching field encumber the
rear portion of the lot.
The Applicants propose construction of a
new two-car garage located immediately to the rear of the existing
garage, which would be demolished. The property is located in the
Hingham Historic District and as such the Historical Commission reviewed
and approved of the proposed demolition and replacement structure.
With
the application the Applicants submitted a Site Plan, prepared by Grady
Consulting, L.L.C., 71 Evergreen Street, Kingston, MA, stamped by
William E. Rainey, RLS, dated July 26, 2013 (1 sheet) and unstamped
architectural drawings prepared by Architecture by SPB, East Falmouth,
MA as follows: A1 dated 6/21/13 showing Left, Rear and Right Elevation
and Proposed Front Elevation, A2 dated 5/21/13 showing Foundation Plan,
Section A, Proposed First Floor and Proposed Second Floor and A3 dated
5/21/13 showing Floor Framing Plan and Roof Framing Plan.
DISCUSSION:
During
the course of the hearing, the Applicant and the Board discussed the
statutory findings for the grant of a Variance. The Applicant explained
that the lot is unusually shaped with a very narrow front, opening to a
wider rear where the septic system is located. The property is within
the Hingham Historical District and includes a preexisting nonconforming
garage that is in disrepair. The proposed two-car garage would maintain
the existing nonconforming side yard setback of 5.1' while increasing
the distance between the existing dwelling and garage.
The
direct abutter from 126 Main Street expressed support for the
application during the public comment portion of the hearing. No one
else appeared or wrote to the Board in opposition to the application.
FINDINGS AND DECISION:
The
Board voted unanimously to GRANT the requested side yard setback
Variance to construct a two-car garage 5.1' from the side property
line. In granting the requested relief, the Board found that owing to
circumstances relating to the soil conditions, shape or topography which
especially affect the premises, but do not affect generally the zoning
district in which the premises are located, a literal enforcement of the
Zoning By-Law would create a hardship to the Applicants.
The
Board determined that the existing conditions of the Property,
specifically the unusual layout of the land and the location of the
existing septic system, provide no reasonable alternate placement for
the proposed garage. Literal enforcement of the Zoning By-Law would
create a hardship requiring the Applicants to relocate their septic
system and driveway, which would alter the historic arrangement of the
property.
The Board further determined that the requested
Variance might be granted without detriment to the public good and
without substantially derogating from the intent or purpose of the
Zoning By-Law. The new garage is consistent with structures in the
neighborhood and throughout the Historic District and will not create
any new incursions into the side yard setback, but rather maintain or
extend an existing nonconforming setback. The new garage will be less
intrusive than the existing in that it increases the distance from the
existing dwelling and abutting residences.
The Variance is granted subject the following condition:
1.
The garage shall be constructed in accordance with the plans submitted
with the application and the representations made during the public
hearing.
The zoning relief granted herein shall not become
effective until (i) the Town Clerk has 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 Zoning Board of Appeals,
_______________________
Joseph W. Freeman
December 10, 2013
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