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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

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.
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.

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.

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