TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant: Stephen D. Waynen
Premises:
Title Reference:
Book 15222, Page 339
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals on the application of Stephen D. Waynen (“Applicant”) for a side yard setback Variance from §IV-A of the Zoning By-Law and such other relief as necessary to construct a 12-foot by 14-foot deck to the rear of the existing dwelling at 223 High Street, in Residence District B.
A public hearing was duly held on
FACTUAL BACKGROUND
The existing dwelling is a pre-existing non-conforming dwelling having been built in the 1920’s and has been in the Applicant’s family for generations. The Applicant proposes to construct a deck to the rear of the existing dwelling. The proposed deck would be approximately 12 feet wide and 14 feet long and would be built off the rear of the existing dwelling approximately 6 feet 2 inches from the side yard property line. The Applicant presented a sketch plan for the deck showing the location and size of the proposed deck along with a copy of the Hingham Assessors Map with the proposed deck drawn in. Had the Applicant proposed to build habitable living space in place of the proposed deck this would be allowed by right under Nonconforming Uses Section III-H of the Hingham Zoning By-Law and no Variance would be needed.
The Applicant represented himself at the hearing. The Board received a letter from Bruce Corwin,
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 Applicant.
The Board determined that the size of the lot, the configuration of the dwelling relative to the side yard setback and the location of the existing septic system in the middle of rear yard limited the practical options for the Applicant to construct a useable deck. The premises are served by an existing cesspool. Any future replacement of the cesspool will require that a modern septic system be constructed which will be compliant with Title V of the State Environmental Code and the Board of Health requirements. The space requirements for construction of a modern septic system are likely to be met only in the rear yard. The Board also determined that although the proposed deck will intrude into the side yard setback, such deck (i) may enhance the property’s appearance and the value of the dwelling, (ii) will not detract from the neighborhood, and (iii) will not intrude into the side yard beyond the existing house and thus will 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 proposed deck is consistent with the existing residential use of the premises and the zoning district. As previously noted, if the Applicant had proposed an extension of habitable space within the same footprint as the proposed deck, no Variance would be required. The proposed deck will result in a substantially smaller structure within the setback compared to an extension of habitable space, and will likely be used seasonally and not year-round.
The Variance is granted subject the following condition:
1. That the proposed deck be constructed in substantial accordance with the plans presented in the application and the representations made at the public hearing, particularly that the proposed deck be built off the rear of the existing dwelling approximately 6 feet 2 inches from the side yard property line.
This decision shall not take effect until a copy of the decision bearing the certification of the
For the Board of Appeals,
_____________________
Joseph W. Freeman