TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant and Patricia Tobin
Property Owner: 193 Hersey Street
Hingham, MA 02043
Premises: 193 Hersey Street
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds Book 13813, Page 335
SUMMARY OF PROCEEDINGS:
This matter came before the Board of Appeals on the application of Patricia Tobin (the “Applicant”) for side and rear yard setback Variances from §IV-A of the Zoning By-Law and such other relief as necessary to construct an 18' x 24' detached garage in the southeast portion of the property at 193 Hersey Street (the “Property”), in Residence District A.
A public hearing on the application was duly noticed and held on Thursday June 16, 2011, at the Town Hall before a panel consisting of regular members Joseph W. Freeman, Chairman, W. Tod McGrath and Joseph M. Fisher.
BACKGROUND:
The Applicant’s Property, located in Residence District A, contains 10,797sq.ft. and is improved with a pre-existing non-conforming single family dwelling originally built around 1900. The Property also contained a pre-existing non-conforming one-car detached garage when the applicant purchased the Property in 1975. Due to safety concerns the garage was demolished in 1990 and the Applicant had planned to reconstruct it at that time, as evidenced by a plan submitted with the application prepared by Axiom Architects dated July 27, 1992. For various reasons the Applicant has been unable to reconstruct the garage until now. The Applicant also submitted photographs of the previously existing garage along with a Plan of Land dated 4/12/11 prepared by Hoyt Land Surveying, 1287 Washington Street, Weymouth, MA stamped by Peter G. Hoyt, PLS.
The previous garage was located 1’6” from the side yard setback on the easterly portion of the Property and 18’ from the rear yard setback on the southerly portion of the Property. The Applicant proposes to construct the same size garage (18’ x 24’) to be located 3’8” from the side yard setback on the easterly portion of the Property and 13’6” from rear yard setback on the southerly portion of the Property.
The Zoning Board of Appeals considered the possibility of the Applicants erecting a new garage in a location that would conform to all setback requirements, but recognized that the location of the existing septic system along with the constraints of the lot size constituted a hardship that made such a location impractical. However, the Board and the Applicant discussed the possibility of relocating the structure further north on the Property thereby the detached garage will not encroach into the rear yard setback and zoning relief would not be required. The Applicant agreed to relocate the structure further north on the Property. The Applicant also represented that she had spoken to the neighbor to the east and they had no objection to the proposed structure.
FINDINGS AND DECISION
The Board voted unanimously to GRANT a side yard setback Variance to construct an 18’ x 24’ detached garage in the southeasterly portion 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 previous detached garage and the location of the existing septic system combine to create a hardship in that there is no reasonable alternate placement for the proposed garage. The Board also determined that although the new structure will encroach into the side yard setback, it will be less of an encroachment than the previous garage and will not detract from the neighborhood or impose on the abutting properties. The Board determined that the proposed garage is consistent with similar structures in the immediate neighborhood and the zoning district. The proposed detached garage is also consistent with the residential use of the premises.
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 Variance is granted subject the following conditions:
1. the 18’ x 24’ detached garage be constructed in substantial accordance with the representations made at the public hearing,
2. the 18’ x 24’ detached garage be sited no closer than 3.8’ from the side yard property line as shown on the plan submitted by the Applicant and,
3. the 18’ x 24’ detached garage be relocated approximately 1.5’ further north on the property (toward Hersey Street) so that the new structure does not encroach into the rear yard setback
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
July 27, 2011