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TOWN OF HINGHAM
Board of Appeals
IN THE MATTER OF:
Applicant/Owner: Wayne K. & Kelly B. Wilson
51 Blaisdell Road (aka 33 Blaisdell Road)
Hingham, MA 02043
Agent: Richard Kehoe, Jr.
14 Grove Avenue
Hingham, MA 02043
Premises: 51 Blaisdell Road, Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds, Book 27633, Page 3
Plan References: Site plan prepared by William J. Dorgan, P.L.S., dated December 5, 2017 (1 Sheet) and architectural drawings, including front and side elevations and floor plans, unsigned and undated (3 Sheets)
SUMMARY OF PROCEEDINGS:
This matter came before the Zoning Board of Appeals (the "Board") on the application of Wayne K. and Kelly B. Wilson (collectively, the “Applicant”) for a Variance from § IV-A of the Zoning By-Law (the “By-Law”) and such other relief as necessary to construct a covered porch resulting in a 25.6’ front yard setback where 35’ is required in Residence District B.
A public hearing was duly noticed and held on January 16, 2018 at Hingham Town Hall, 210 Central Street. The Board panel consisted of its regular members Robyn S. Maguire, Chair, and Joseph M. Fisher, and associate member Alan M. Kearney. The Applicant’s Agent, Richard Kehoe, Jr., and the Applicant appeared to present the application. At the conclusion of the hearing, the Board voted unanimously to grant the requested relief construct a covered porch resulting in a 25.6’ front yard setback where 35’ is required, subject to conditions set forth below.
Throughout its deliberations, the Board has been mindful of the statements of the Applicant and the comments of the general public, all as made or received at the public hearing.
The subject property consists of approximately 41,173 SF of land located on the northerly side of Blaisdell Road. The lot is long and narrow in shape, with approximately 450 linear feet of frontage on Blaisdell and a depth that ranges from just 35’ – 102’. The application indicates that the westerly portion of the property is affected by both grade changes and the location of an onsite wastewater disposal system.
The lot was previously improved by a single-family dwelling (ca. 1890) and detached garage. The proposed plan calls for construction of a covered porch to serve as a new front entry to the existing dwelling. The proposed porch would not extend any closer to the street than the existing dwelling; however, it would result in an approximate 65 SF incursion into the front yard setback. Since 30 SF is allowed through the projections exemption contained in Section IV-C, 8. of the By-Law, relief is required for the remaining 35 SF.
Based upon the information submitted and received at the hearing, and the deliberations and discussion during the hearing, the Board has determined that:
1. Circumstances related to soil, shape, or topography especially affect the land or structures in question: The Property is long and narrow in shape, with approximately 450 linear feet of frontage on Blaisdell Road and a depth that ranges from just 35’ – 102’. The westerly portion of the property is affected by both grade changes and the location of an onsite wastewater disposal system. These conditions, in combination with the location of the existing improvements on the lot, especially affect the subject property and not more generally the zoning district.
2. The literal enforcement of the By-Laws would involve substantial hardship financial or otherwise. Literal enforcement of the By-Law would limit the applicant from improving the property in a manner consistent with others in the neighborhood, negatively affecting the overall use and enjoyment of the existing dwelling. A grant of a variance in this instance will allow for a reasonable use that is consistent with other single-family uses in the area.
3. A Variance may be granted without substantial detriment to the public good. The proposed improvement will not create any noise, traffic, or result in other similar negative impacts. The project will improve the appearance and utility of the existing dwelling in a manner consistent with others in the area. There will be no adverse effects on the neighborhood and there will be no harm to the public good resulting from the proposed front porch.
4. A Variance may be granted without nullifying or substantially derogating from the intent or purposes of the By-Law. The requested relief is relatively modest in nature, resulting in a 35 SF incursion beyond that allowed by right under the projections exemption in Section IV-C, 8. of the By-Law. The granting of a dimensional variance in this instance is consistent with the purposes of the By-Law.
Upon a motion made by Joseph M. Fisher and seconded by Alan M. Kearney, the Board voted unanimously to GRANT the requested Variance from § IV-A of the By-Law and such other relief as necessary to construct a covered porch resulting in a 25.6’ front yard setback where 35’ is required, subject to the following condition:
1. The Applicant shall construct the Project in a manner consistent with the approved plans and the representations made at the hearings before the Board.
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,
Robyn S. Maguire
February 28, 2018