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NOTICE OF DECISION
IN THE MATTER OF:
Owner/Applicant: Bradford Staples
Premises: 7 Whiton Avenue
Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds Book 33005, Page 73
Plan Reference: Site plan entitled, "Proposed Driveway Configuration,
7 Whiton Avenue, Hingham, MA," unstamped, dated April 4, 2014 and
specifications for a traditional gambrel shed from Reeds Ferry Sheds.
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals (the "Board") on the
application from Bradford Staples (the "Applicant") for a Variance from §
IV-A of the Zoning By-Law (the "By-Law") and such other relief as
necessary to construct a 14' x 24' shed resulting in a 5.9' side yard
setback where 15' is required at 7 Whiton Avenue in Residence District
A public hearing was duly noticed and held on May 13, 2015, at the
Town Hall, 210 Central Street. The Board panel consisted of its regular
members W. Tod McGrath, Chairman, Joseph M. Fisher and Joseph W.
Freeman. The Applicant appeared to present the application. At the
conclusion of the hearing, the Board voted unanimously to grant the
requested Variance from the side yard setback requirement 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.
The subject property contains approximately 12,576 SF and is
trapezoid-shaped (wider in the front than in the rear). The site is
improved by a pre-existing nonconforming single family dwelling (ca.
1900). Wetlands exist to the rear and a fair amount of ledge on the
southeastern portion of the property. The lot is also located within a
FEMA Flood Zone A.
The Board previously issued a variance to locate a significantly
larger structure within 4.7' from side property line in June 2012. The
approved structure was 23' x 32' in size and included living space
above. The Applicant did not act upon the relief and the prior variance
is now expired. The Applicant since reduced the scope of the project and
now proposes a 14' x 24' gambrel-style shed to be located 5.9' from the
side property line.
Based upon the information submitted and received at the hearing, the Board determined that:
a. There are circumstances relating to soil conditions, shape or
topography especially affecting the land but not affecting generally the
zoning district. The Property is limited by its irregular,
trapezoid-like shape. Ledge is present on the southeast portion of the
site and wetlands exist on the northeast portion of the lot. More than
half of the Property is presently located within FEMA Flood Zone VE (el.
22). These circumstances do not generally affect the surrounding
neighborhood or the zoning district.
b. The literal enforcement of the Bylaws would involve substantial
hardship financial or otherwise. The requested relief will allow the
Applicant to construct a more modestly sized accessory structure than
that previously approved by the Board in 2012. Without relief, there
would be no practical space to store outdoor equipment. A grant of a
Variance in this instance will allow for a reasonable use that is
entirely consistent with a single family use in the Residence A Zoning
c. A variance may be granted without substantial detriment to the
public good. The proposed project will not create any noise, traffic or
result in other similar negative impacts. The proposed project will
improve the Property in a manner consistent with many single family
residences in the surrounding neighborhood. There will be no adverse
effects or harm to the public good; and
d. A variance may be granted without nullifying or substantially
derogating from the intent or purposes of the Bylaw. The granting of a
dimensional variance in this instance is consistent with the purposes of
Upon a motion made by Joseph W. Freeman and seconded by Joseph M.
Fisher, the Board voted unanimously to GRANT the requested side yard
setback, authorizing construction of a 14' x 24' shed and resulting in a
5.9' side yard setback at 7 Whiton Avenue, subject to the following
1. 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.
2. The construction shall be completed in a manner consistent with
the plans submitted and representations made during the 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 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,