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95 Kimball Beach Road Hingham, MA 0204387 Wompatuck Road
95 Kimball Beach Road
Hingham, MA 0204387 Wompatuck Road
Hingham, MA 02043
a. There are circumstances relating to soil conditions, shape or topography especially affecting the land but not affecting generally the zoning district. The Property is narrow in shape with 50' of frontage, but a depth almost three times this width. The topography varies on site with an 8' grade change between the front of the lot and the back. Subsurface ledge affects a significant portion of the property as well.
b. The literal enforcement of the Bylaws would involve substantial hardship financial or otherwise. Absent relief, reconstruction of the dwelling would require significant earthwork and ledge removal, creating a hardship for the Applicant. A literal enforcement of the By-Law would also force the Applicant to repair and maintain the existing detached accessory structure, which encroaches on adjoining property. A grant of a Variance in this instance will allow for a reasonable use that is consistent with a single family use in the Residence A Zoning District, and in keeping with other properties in the immediate neighborhood.
c. A variance may be granted without substantial detriment to the public good. The proposed project will not create any noise, traffic or result in other similar negative impacts. In fact, the proposed project will improve existing conditions through elimination of a minor encroachment and improvement of both rear and side yard setbacks associated with the garage. The reconstructed dwelling likewise eliminates the existing southerly side yard nonconformance while replicating the linear measurement on the northerly side. The design of both the proposed dwelling and the accessory structure will be consistent with many single family residences in the surrounding neighborhood. There will be no adverse effects or harm to the public good.
d. A variance may be granted without nullifying or substantially derogating from the intent or purposes of the Bylaw. The proposed project will eliminate an existing encroachment and improve existing nonconformities. The granting of a dimensional variance in this instance will not derogate from the intent of the By-Law.
1. The footprint of the proposed garage shall be reduced to 24’ x 24’. The Applicant shall submit revised plans to the Zoning Administrator for review within two weeks of this Decision.
2. The Applicant shall construct the project in a manner consistent with the approved plans.