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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

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. 

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.

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