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IN THE MATTER OF:
Property Owner Donald J. Sinkus, Jr. and Mary E. Sinkus
and Applicant: 13 Daley Road
Hingham, MA 02043
Premises: 13 Daley Road
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds Book 34418, Page 133
Plan References: "Plan of Land, Hingham,
Massachusetts," prepared by John L. Galvin, 14 Hillside Terrace,
Hingham, MA, dated July 5, 1988 and unstamped, undated elevation plans
received by the Board on February 12, 2015.
SUMMARY OF PROCEEDINGS:
This matter came before the Zoning Board of Appeals on the
application of Donald J. Sinkus, Jr. and Mary E. Sinkus (collectively
the "Applicant") for a Variance from § VI-A of the Zoning By-Law (the
"By-law") and such other relief as necessary to reconstruct a porch
within the front yard setback resulting in a 23’ setback where 25’ is
required at 13 Daley Road in Residence District A.
A public hearing was duly noticed and held on March 18, 2015 at
Hingham Town Hall. The Board panel consisted of its regular members W.
Tod McGrath, Chairman, Joseph M. Fisher, and Joseph W. Freeman. At the
conclusion of the hearing, the Board voted unanimously to grant the
requested Variance from the front yard setback requirement under § IV-A
of the By-Law to reconstruct a porch.
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 and DISCUSSION:
The subject property consists of 6,875 SF improved by a
single-family residence. The proposed plan calls for reconstruction of
an existing front deck and conversion to a covered porch. The current
front setback measured to the deck is approximately 23' where 25' is
required. The front stairs extend an additional 9' into the front yard,
resulting in a setback of approximately 14'. The proposed covered porch
structure would be located within the same footprint as the existing
front deck and stairs.
The Applicant explained that the dwelling was constructed with an at
grade foundation. Access to the main floor living area is thus raised a
full story above grade. In order to provide practical access to and
from the front yard, the dwelling requires a front porch. The Applicant
argued that the existing and proposed structure, at 6' in depth, is
the minimum required size. The size of the existing and proposed porch
is also consistent with those in the surrounding neighborhood. At 132
SF, the structure falls right in line with the average size of 135 SF
for other attached accessory structures in the area.
During the hearing, the Applicant submitted a letter of support for
the proposed construction signed by three abutter to the subject
Based upon the information submitted and received at the hearing,
and other information available to the Board, the Board has determined
DECISION and CONDITIONS:
Upon a motion made by Joseph M. Fisher and seconded by Joseph W. Freeman, the Board voted unanimously to GRANT
the requested Variance from § IV-A of the Zoning By-Law to reconstruct
a porch and stairs within the front yard setback at 13 Daley Road in
Residence District A.
The Variance is granted subject the following condition:
The zoning relief granted herein shall not become effective until
(i) the Town Clerk has certified on a copy of this Decision that twenty
(20) days have elapsed after the decision has been filed in the office
of the Town Clerk and no appeal has been filed or that if such an
appeal has been filed, that it has been dismissed or denied, and that
(ii) a copy thereof has been duly recorded in the Plymouth County
Registry of Deeds and indexed in the grantor index under the name of
the owner of record or is recorded and noted on the owner’s certificate
For the Zoning Board of Appeals,