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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant and William M. and Catherine M. Daley
Property Owner: 20 Bucket Mill Lane
Hingham, MA 02043
Premises: 20 Bucket Mill Lane
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds Book 17822, Page 0254
SUMMARY OF PROCEEDINGS:
This
matter came before the Board of Appeals on the application of William
M. and Catherine M. Daley (the “Applicants”) for side and rear yard
setback Variances from §IV-A of the Zoning By-Law and such other relief
as necessary to construct a 24' x 30' detached garage with finished room
above and attached 6' x 10' shed in the northeastern corner of the
property at 20 Bucket Mill Lane (the “Property”), in Residence District
B.
A public hearing on the application was duly noticed and held
on Wednesday, September 21, 2011, at the Town Hall before a panel
consisting of regular members, W. Tod McGrath, Chairman, Joseph M.
Fisher and Joseph W. Freeman.
BACKGROUND:
The Applicants’
Property, located in Residence District B, contains approximately
38,900sq.ft. and is improved with a single family dwelling (which
includes a one-bay garage) and detached shed. The Applicants proposed
to utilize some of the footprint of the existing 12’x16’ shed and build a
detached garage. The shed is located in the northeastern corner of the
property. The Property is wedge shaped, has a septic system to the
rear of the single-family dwelling, wetlands to the south and a long,
steep driveway. The location of the proposed detached garage will allow
for a turning radius for vehicles and snow storage.
In
Residence District B the minimum for both side and rear yard setbacks
required are 20’. The Applicant’s proposed detached garage, including a
finished room above and a 6’ x 10’ attached shed, will be located 10’
from both the side and rear yard setbacks.
The Applicants
submitted an Existing and Proposed Conditions Plan dated April 17, 2005
prepared by Nantasket Survey Engineering, LLC, along with a Proposed
Zoning Plan and Proposed Front Elevation Plan both dated July 25, 2011
prepared by Aprea Design and copy of an undated Septic Plan from E.L.
Margetts and Sons, Inc. The Board also received a letter of support for
the proposed project dated August 2, 2011 from Kim and Elizabeth Kirk,
18 Bucket Mill Lane, Hingham, MA.
The Zoning Board of
Appeals considered the possibility of the Applicant erecting a new
detached garage in a location that would conform to all setback
requirements, but recognized that topography, wetlands and septic
constraints prohibit placement elsewhere on the Property. These factors
constitute hardships that make such alternative location impractical.
The Board also asked the Applicants to explore the possibility of
re-designing their plan to move the attached shed portion further
towards the front of the proposed detached garage in order to lessen the
encroachment into the side yard setback. The Applicants represented
that there is a stone wall in place that may prevent them from doing
this but they would explore this possibility during final plan design of
the proposed structure.
FINDINGS AND DECISION
The Board voted
unanimously to GRANT side and rear yard setback Variances to construct a
detached garage with finished room above and attached shed in the
northeastern corner of the Property. 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 on the Property, specifically the location of the
existing driveway and septic system along with the constraints due to
topography and wetlands combine to create hardships and that there is no
reasonable alternate placement for the proposed detached garage. The
Board also determined that although the proposed detached garage is
larger than the currently existing shed and will encroach further into
the side and rear yard setbacks more than the existing shed, it will not
detract from the neighborhood, nor impose on the abutting properties.
The proposed detached garage is consistent with the residential use of
the premises.
The Board further determined that the requested
Variances might be granted without detriment to the public good and
without substantially derogating from the intent or purpose of the
Zoning By-Law.
The Variances are granted subject the following conditions:
1.
the 24' x 30' detached garage with finished room above and attached 6' x
10' shed be constructed in substantial accordance with the plans
submitted with the application and the representations made at the
public hearing and,
2. have no greater square footage intrusion into the side and rear setbacks as shown on the plans submitted.
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 County
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,
_____________________
Joseph W. Freeman
October 26, 2011
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