Zoning Board of Appeals Decisions and Pending Applications

Applicant and Property Owner: Joseph and Janice Feeney

630 Main Street

Hingham MA 02043

Premises: 630 Main Street

Hingham MA 02043

Title Reference: Plymouth County Registry of Deeds,

Book 5897, Pages 193

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals on the application of Joseph and Janice Feeney (“Applicants”) for a Variance from §III-H of the Zoning By-Law and such other relief as necessary to replace the previously existing nonconforming 23' x 26' two-car garage/barn with a new structure 4' higher than the previous structure at 630 Main Street, in Residence District C.

A public hearing was duly held on August 28, 2008 at the Town Office Building before a panel consisting of regular members W. Tod McGrath, Chairman, Joseph M. Fisher, and Joseph W. Freeman.

FACTUAL BACKGROUND

The Premises consist of an approximately 14,650 square foot parcel of land, improved with a single family dwelling and detached two-car garage/barn which was destroyed by fire in 2007. Both the existing dwelling and garage/barn were constructed back in the mid 1800’s and are considered pre-existing nonconforming under the Zoning By-Law.

In 2007 a fire destroyed the Applicant’s garage/barn. Under section III-H, 3. of the Zoning By-Law a lawfully existing nonconforming building or structure which has been damaged or destroyed by fire or other casualty may be repaired or rebuilt, provided, however, that the repaired or rebuilt structure shall be no less conforming than the structure that was so damaged or destroyed. The Applicant’s original and preferred plan was to take down the remains of the garage/barn, repair the foundation where necessary and reconstruct the structure on the original site on the parcel.

In preparation of the reconstruction of the structure, the Applicants received a Building Permit on February 25, 2008 to repair the existing garage foundation in compliance with the state building code. After the structure was razed and the repair of the foundation begun the Applicants discovered (a) the original concrete foundation was cracked along the back part of the structure, (b) was less than 12” deep, (c) had no footings and (d) the front of the structure had an unstable rubble foundation. Also, in the process of excavating for a foundation compliant with state building codes, the Applicants discovered that the roots of a large maple tree on adjacent Town property on Crooked Meadow Lane would be significantly disturbed and would cause damage to the Town tree. Therefore the applicants proposed to use a slab foundation which causes them to lose the cellar storage space they enjoyed from the previous structure. The Applicants are requesting zoning relief in order to rebuild the garage/barn structure approximately 4’ higher than the previous structure. The additional roof height will allow the Applicants to replace the cellar storage space lost due to the fire. The footprint and use of the garage/barn structure remains exactly as the previous one.

The Applicants represented themselves. No abutters spoke for or against the granting of the Variance, nor did the Board receive any correspondence on the matter. The Applicants presented both a site plan and elevation plans for the new garage/barn structure in connection with their Variance application. Also included in the Variance application is a copy of the June 24, 2008 Certificate of Appropriateness issued by the Town of Hingham Historic Districts Commission to replace the existing garage/barn structure destroyed by fire.

The Board voted unanimously to GRANT the VARIANCE. 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 Applicant.

The Board determined that under section III-H, 3 of the Zoning By-Law the Applicants would have been allowed by right under a building permit to rebuild the garage/barn structure on the same footprint and at the same height as the fire damaged structure. However once the structure was razed and the issues with the foundation discovered, the Board determined that the requested Variance was minimal and could be granted without substantial detriment to the public good and without substantially derogating from the intent or purpose of the Zoning By-Law. The granting of the relief will allow the Applicants to restore approximately 4’ of storage space they previously enjoyed in the cellar of the pre-existing nonconforming garage/barn structure.

1. That the proposed garage/barn structure be constructed in substantial accordance with the plans presented in the application and the representations made at the public hearing, particularly that the height of the structure to be no higher than 4’ more than the previous structure and the footprint and use of the garage/barn structure remains exactly as the previous one.

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.