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Board of Appeals

NOTICE OF DECISION
VARIANCE

IN THE MATTER OF:

Owner/Applicant: Hudson Santana Agent: David Sisson
19 Beach Road 238 Fifth Street
Hingham, MA 02043 Providence, RI 02906

Premises: 19 Beach Road
Hingham, MA 02043

Deed Reference: Plymouth County Registry of Deeds Book 44806, Page 293

Plan Reference: Site plans entitled, "Existing Conditions and Proposed Building, Plan of Land in the Town of Hingham at #19 Beach Road," by Terra Nova Survey Consultants, 1685 South Street, Bridgewater, MA, dated January 14, 2015 and architectural plans, entitled "Proposed Plans, Plans and Proposed Elevations," prepared by David Sisson Architecture PC, 238 Fifth Street, Providence, RI, undated, Drawings A4.0 (2) and A5.0.

SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals (the "Board") on the application from David Sisson, on behalf of Hudson and Lisa Santana (collectively, 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 rear deck resulting in a 10'1" side yard setback where 15' is required at 19 Beach Road in Residence District A.

A public hearing was duly noticed and held on March 18, 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's Agent and project architect, David Sisson, 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.
BACKGROUND
The subject property consists of approximately 5,275 SF and includes a nonconforming single-story dwelling. The Property slopes gradually from the front to a sea wall at the rear, which separates the lot from the Back River. The entire property falls within FEMA Zone VE (El. 14).

The existing dwelling will be reconstructed by-right under the exemptions contained in Section III-I, 2, the so-called Hatfield Amendment, and Section III-C, 5. of the By-Law. In order to minimize risk associated with flood events, the single-family dwelling must be raised above flood elevation. The new dwelling will consist of two-stories supported by piles. The proposed plan also calls for reconstruction of an existing rear deck that is located partially in the required side yard setback. While the existing side yard setback nonconformity will be improved from 9.3' to 10.1', the accessory structure will not comply with the 15' setback. Since the proposed incursion also exceeds the 30 SF projection allowed by Section IV-C, 7. of the By-Law, construction of this accessory structure requires a variance.

During the hearing, the Applicant's Agent noted that the Property's topography limits project alternatives. Elevation of the dwelling will make it more difficult to access outdoor space to the rear without a deck. The Applicant also indicated that the proposed deck is similar in size and location to others in the neighborhood.

FINDINGS
Based upon the information submitted and received at the hearing, and other information available to the Board, the Board has 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 slopes down from Beach Road toward the entrance to the Back River to the rear. The Property is located entirely within FEMA Flood Zone VE (el. 14). 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 deck that provides access from the raised main floor living area to outdoor space in a manner similar to others in the neighborhood. Without relief, there would be no practical access to the rear yard. 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 District;

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. In fact, the proposed project will improve the existing Premises 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 project calls for reconstruction and expansion of an existing deck. The existing nonconforming side yard setback will be modestly improved from 9.3' to 10.1'. The deck will also have less impact than a 2.5 story addition that could be constructed within this area by-right under the so-called Hatfield Amendment. The granting of a dimensional variance in this instance is consistent with the purposes of the By-Law.

DECISION
Upon a motion made by Joseph M. Fisher and seconded by Joseph W. Freeman, the Board voted unanimously to GRANT the requested side yard setback, authorizing construction of a deck to the rear of the existing single-family dwelling at 19 Beach Road, subject to the following conditions:

1. 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,