TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
IN THE MATTER OF:
Applicant and Property Owner: Thomas and Susan Lincoln
Premises:
Title Reference:
Book 11850, Page 224.
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals on the application of Thomas and Susan Lincoln (“Applicants”) for a Variance from the side/rear yard setback requirement of Section IV-A of the Zoning By-Law and such other relief as necessary to construct a detached 24’ x 30’ two-car garage at 59 Burditt Avenue in Residence District A.
A public hearing was duly noticed and held on
FACTUAL BACKGROUND
The existing structure consists of a single family home with two old outbuildings described as a detached garage and a detached woodshed. The current outbuildings extend into the northwestern portion of the side setback.
Applicants propose to build a single story two-car garage between the property and the southeastern property line adjacent to the existing driveway. The proposed garage would be placed 12 feet off the property line, encroaching three (3) feet into the setback. The construction of the new garage would be consistent in appearance with other structures in the neighborhood. The two existing outbuildings would be removed once the new garage is built.
Applicants spoke at the hearing and explained that the only reasonable place to build a two-car garage is at the proposed location, which is the only level area available on the property. The existing outbuildings both are situated on a sloping front lawn and could not realistically be used for car storage. Applicants further explained that if the new garaged is placed at the limit of the 15-foot setback, the garage would be too close to the existing home.
Attorney John Davis appeared at the hearing on behalf of the Applicant’s most immediate abutter at
FINDINGS AND DECISION
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 Applicants.
The Board determined that the shape of the lot constrains the placement of a garage structure at the property and that the proposed garage, subject to the conditions specified below, would not detract from the neighborhood and would not impose on abutting properties.
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 condition:
1. That the garage be built out as shown on the plans presented and representations made at the hearing, i.e. with respect to the footprint, height and bulk of the structure;
2. That no additional stories may be added to the garage and that no windows be placed above the gutter line of the garage;
3. That the garage be situated no less than 12’ from the property line; and
4. That the two existing outbuildings be removed from the property within six (6) months of the completion of the new garage.
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,
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