TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant: Giovanni and Alison Ferrante
Premises:
Title Reference:
Book 20509, page 0164
SUMMARY OF PROCEEDINGS:
This matter came before the Zoning Board of Appeals on the Application of Giovanni and Alison Ferrante (“Applicants”) for front and rear yard setback Variances from Section IV-A of the Zoning By-Law and such other relief as necessary to install two (2) air conditioning condensing units at 19 Elm Street, a corner lot in Residence District A.
A public hearing was duly noticed and held on Monday, August 4, 2008, at the Town Hall before a panel consisting of W. Tod McGrath, Chairman, Victor Popp, and
BACKGROUND:
The Applicants are the owners of the home located at
The Applicant, Ms. Ferrante and Representative Sally Weston, explained to the Board why the condensers need to be positioned at the locations shown on the Application. It was noted that this is the first application for a Variance regarding placement of equipment inside the setbacks since the 2007 change in the Zoning By-Law that requires this type of equipment to meet setback requirements. No abutters spoke for or against the granting of the Variances.
After consideration of the Applicants proposal, together with plan and diagrams submitted by the Applicant and testimony at the Public Hearing, the Zoning Board of Appeals agreed that the locations of the condensers are in the best possible location on the lot. The Board determined that due to (i) the location of the dwelling on the lot, (ii) the existing slope to the rear of the dwelling and (iii) the interior configuration of the dwelling the air conditioning condenser units could be most appropriately sited along the Central Street side of the lot, which has a mature growth of evergreen trees for screening. The Board also determined that the condensing units will not detract from the neighborhood and will not impose on the abutting property which is approximately eighty (80) feet away and across a public roadway. In conclusion the Board finds that the premises satisfied the statutory criteria for the grant of the requested Variances in its unique situation with the size and shape of the lot and existing structures and landscaping limiting location of the condensers elsewhere on the premises.
DECISION
It was duly moved and voted that the Zoning Board of Appeals GRANT the Applicant Variances from the front and rear setback requirements as set forth in Section IV-A of the Zoning By-Law subject to the following conditions.
1. The location of the condenser units do not encroach into the rear setback by more than ten (10) feet nor the front setback along Central Street more than two (2) feet.
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 Board of Appeals