Zoning Board of Appeals Decisions and Pending Applications

Applicant and Property Owner: Gregory M. Synnott and Amee Bergin Synnott

7 Bayberry Road

Hingham, MA 02043

Subject Property: 7 Bayberry Road

Hingham, MA 02043

Deed Reference: Plymouth County Registry of Deeds

Land Court Certificate of Title No. 104999,

Book 524, Page 199

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals on the application of Gregory M. Synnott and Amee Bergin Synnott (“Applicants”) for a side yard setback Variance from §IV-A of the Zoning By-Law and such other relief as necessary to construct an addition to the existing single-family dwelling, at 7 Bayberry Road, in Residence District A.

A public hearing was duly held on Thursday, March 19, 2009 at the Hingham Town Hall before a panel consisting of regular members W. Tod McGrath, Chairman, Joseph M. Fisher and Joseph W. Freeman.

FACTUAL BACKGROUND

The Applicants propose to construct an addition of a family and mud room to their dwelling that will encroach into the side yard setback. The existing dwelling, including the existing attached garage, was built in 1940 on top of ledge on a 6500 sq.ft. lot and is considered pre-existing non-conforming and does not comply with the current side yard setback requirements, as is the case with many other homes in the neighborhood.

The existing attached garage is 10’ from the side yard property line and the Applicants are proposing to construct the addition behind the garage. The addition is proposed to be approximately 12’-13’ to the side property line and will be connected to the garage by a porch. The proposed addition would expand, by approximately 8’, the footprint of the existing dwelling and would encroach no further into the side yard setback than the existing garage. The proposed addition would expand, by approximately 16’, the footprint of the dwelling to the rear and will meet the rear setback requirements. The Applicants presented elevation plans showing that the addition will not exceed the height of the present dwelling.

The Applicants represented themselves. No abutters spoke for or against the granting of the Variance.

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 narrow shape of the lot combined with the coverage from the existing dwelling and the lack of alternative locations upon which the addition could be located, limited the placement of the proposed addition to within current side-yard non-conformity of the existing structure. The Board also determined that although the proposed addition will intrude approximately 3’ into the side yard setback, it will not encroach further into the side yard setback than the existing garage and will not detract from the neighborhood and will not impose on the abutting property.

The Board further noted that the dwellings in this area of Bayberry Road and Bradley Woods Drive are often located within the side yard setbacks, and 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.

1. That the addition be constructed in substantial accordance with the plans presented in the application and the representations made at the public hearing, particularly that the intrusion into the side yard setback be no more than 3’.

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.