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TOWN OF HINGHAM

BOARD OF APPEALS

IN THE MATTER OF:

Applicant and Property Owner:

Ronald P. Vale

 

212 Hull Street

 

Hingham, MA 02043

 

Premises:

212 Hull Street

 

Hingham, MA 02043

 

Deed Reference:

Plymouth Registry of Deeds, Book 28070 Page 16-17

 

 

SUMMARY OF PROCEEDINGS

 

This matter came before the Board of Appeals on the application of Ronald P. Vale ("Applicant") for a Variance from the side yard setback requirement of Section IV-A of the Zoning By-Law to construct an addition to the existing single-family dwelling, thereby attaching the existing one-car garage to the dwelling and converting the garage into living space at 212 Hull Street, in Residence District C.

  

A public hearing was duly held on Thursday, December 3, 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 Applicant proposes to construct an addition to connect the existing single family residence to  the existing one-car garage and convert the garage to habitable living space.  The existing garage is entirely located within the 20-foot side yard setback.

 

The lot is an irregular shape which limits options for locating an addition to the house outside of the setback areas.  The lot also contains areas of ledge which further constrains locating an addition to the west side of the house, or in front of the house.

 

The construction of the new addition would be consistent in appearance and location with other properties in the neighborhood.  Abutter who owns adjacent property on Hull Street spoke in favor 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 involve substantial hardship to the Applicant. 

 

The Board determined that the irregular and unique shape of the lot greatly constrains the placement of an addition to the existing residence.  The location of ledge on the premises further constrains the economical construction of the addition and would result in a financial hardship to the Applicant.

 

The Board also 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 Board determined that although the conversion of the garage to habitable space would be entirely within the side yard setback, the proposed conversion of the garage would not detract from the neighborhood or impose on the abutting property.  The existing footprint of the garage would not be enlarged and the height of the addition would match the existing dwelling

 

The Variance is granted subject to the following conditions:

 

  1. That the addition and modifications to the garage be constructed in substantial accordance with the plans presented in the application and the representations made at the public hearing.

 

 

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,

January 21, 2009                                                          ____________________________   

       Date                                                                                  Joseph W. Freeman