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Board of Appeals
NOTICE OF DECISION
VARIANCE
IN THE MATTER OF:
Owner/Applicant: Michael O'Callaghan
Property: 22 Harvest Lane
Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds Book 40911, Page 40
Plan Reference: Existing conditions plan entitled, "As-Built
Disposal System, Harvest Lane, Hingham, Mass.," prepared by E.E.T.,
Inc., 17 Gannett Road, Scituate, MA, dated May 22, 1978; proposed plan
shown on Hingham MapsOnline, dated June 8, 2015; and wooden fence
specifications from Sweezy Fence Erectors.
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals (the “Board”) on the
application of Michael O'Callaghan (the “Applicant”) for a Variance
from § IV-A of the Zoning By-Law (the "By-Law") and such other relief
as necessary to locate a 8' fence within required side and rear yard
setbacks at 22 Harvest Lane in Residence District B.
A public hearing was duly noticed and held on July 15, 2015 at the
Town Hall, 210 Central Street. The Board panel consisted of its regular
members Joseph M. Fisher, Chairman, and W. Tod McGrath and associate
member Robyn S. Maguire. At the conclusion of the hearing, the Board
voted unanimously to grant a Variance from the side and rear yard
setback requirements under § IV-A of the By-Law.
Throughout its deliberations, the Board has been mindful of the
statements of the Applicant and the comments of the general public, all
as made or received at the public hearing.
BACKGROUND
The subject property consists of approximately 30,000 SF and is
shaped like a trapezoid. The lot is bound on the front by Harvest Lane
and to the rear by the Southeast Expressway. The submitted plan
demonstrates that the property slopes up from its narrowest portion in
the front of the residence (el. 148) to its widest point at the rear
(el. 158).
The applicant seeks relief to locate an 8' fence along his side and
rear property lines. The Zoning By-Law excludes fences that are 6' in
height or less from the definition of a "structure", which means that a
standard fence could be placed within setbacks or along property
lines. Absent relief, the proposed 8' fence would need to comply with
20' side and rear yard setbacks specified in the By-Law for Residence
District B.
During the hearing, the applicant expressed his intent to limit the
impacts from the adjacent highway by installing a taller fence along a
portion of the southeasterly property line and the entire southerly
property line. He indicated that the site topography and shape
negatively affect his enjoyment of the property. Absent relief, the
applicant will continue to experience hardship from the noise,
pollution and visual impacts of the adjacent Southeast Expressway.
A direct abutter to the proposed project spoke in favor of the
requested relief during the public comment portion of the hearing. He
indicated that the 8' fence would not cause detriment for him or the
neighborhood.
FINDINGS
Based upon the information submitted and received at
the hearing, and the deliberations and discussions of Board members at
the meeting, the Board has determined that:
- Circumstances relating to soil conditions, shape or
topography especially affect the land but not affecting generally the
zoning district: The subject property experiences a significant
grade change between the residence and the rear property line, which
is shared with the interstate right of way. The lot is also unusually
shaped in that the rear property line is longer than the front. These
circumstances do not more generally affect the zoning district.
- Owning to these circumstances, literal enforcement of the By-Law would involve substantial hardship:
The topography and shape of the lot negatively affect the applicant's
enjoyment of the property. Absent relief, the applicant will continue
to experience hardship from the noise, pollution and visual impacts of
the adjacent Southeast Expressway.
- Relief may be granted without substantial detriment to the public good: The proposed fencing will not generate any adverse impacts. A direct abutter spoke in favor of the application.
- Relief may be granted without nullifying or substantially derogating from the intent or purpose of the Zoning By-Law: The proposed fence
is an allowed accessory structure. The granting of a dimensional
variance in this instance is consistent with the purposes of the
By-Law.
DECISION
Upon a motion made by Robyn S. Maguire and seconded by W. Tod
McGrath, the Board voted unanimously to grant a Variance from § IV-A
of the By-Law to locate a 8' fence within required side and rear yard
setbacks at 22 Harvest Lane in Residence District B, subject to the
following conditions:
- The rights authorized by this Variance shall expire one year from
the date this Decision is filed with the Town Clerk, unless exercised
or extended in accordance with the terms of M.G.L. c. 40A, § 10.
- The Applicant shall construct the Project in a manner consistent
with the approved plans and the representations made at the hearings
before the Board such that:
- the fence shall consist of materials (wood) as depicted in the submitted specifications; and
- the fence shall step down in accordance with the natural
contours of the property such that each section shall be no higher than
8'.
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 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,
__________________________________
W. Tod McGrath
August 10, 2015
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