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Board of Appeals

TOWN OF HINGHAM
Board of Appeals

NOTICE OF DECISION
VARIANCE

IN THE MATTER OF:

Owner/Applicant: Patrick and Caitlin Riley
18 Kimball Beach Road
Hingham, MA 02043

Premises: 18 Kimball Beach Road
Hingham, MA 02043

Deed Reference: Plymouth County Registry of Deeds Book 42622, Page 256

Plan Reference: Plan entitled, "Plan of Land, 18 Kimball Beach Road, Hingham, MA" prepared by Hoyt Land Surveying, 1287 Washington Street, Weymouth, MA, dated November 3, 2014 and architectural plans entitled, "New Addition for: Patrick & Caitlin Riley, 18 Kimball Beach Road, Hingham, MA," drawn by Thomas A. Moore Design, Co., 949 Long Pond Road, Brewster, MA, dated September 19, 2014, drawings A1-A5.

SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals (the "Board") on the application of Patrick and Caitlin Riley, Inc. (the "Applicant") for a Variance from § IV-A of the Zoning By-Law Law (the "By-Law") and such other relief as necessary to construct an addition within the front and side yard setbacks at 18 Kimball Beach Road. The proposed construction would result in a 20.3' front yard setback and 12.9' side yard setback where 25' and 15' are respectively required.

A public hearing was duly noticed and held on December 17, 2014, 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. During the hearing, the Applicant requested a withdrawal without prejudice of the side yard setback Variance. At the conclusion of the hearing, the Board voted unanimously to grant 1.) a withdrawal without prejudice of the side yard setback Variance and 2.) a Variance from the front 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 7,672 SF and includes a single-story, ranch-style dwelling built in 1927. In addition to a deficient lot area, the home is nonconforming with respect to its front yard setback (1.2') from Planter's Lane. The property also fronts on Kimball Beach Road. The proposed plan calls for a two-story addition to be constructed to the east of the existing dwelling along with a covered front porch on the northerly elevation facing Kimball Beach Road.

The Applicant pointed to the property's shape and topography as limiting factors. The lot is triangular or pie-shaped and has a distinct 20' grade change on one side. The Applicant also noted that many homes in the surrounding area are located closer to the street than his proposed addition would be located. He indicated that the project was designed to reflect the character of the neighborhood.

Board members noted that the proposed front yard setback was reasonable, but they were reluctant to grant additional relief. Since the proposed side yard incursion affected a relatively small portion of the addition, the Applicant indicated that he could modify the plan to eliminate it entirely. He then requested a withdrawal without prejudice of the side yard setback Variance.

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 is triangular in shape. The pre-existing nonconforming dwelling was sited parallel to Kimball Beach Road, but at an angle to the Planter's Lane frontage and rear property line. In addition, the Applicant represented that the property has a distinct 20' grade. Surrounding properties do not generally share these circumstances.

b. The literal enforcement of the Bylaws would involve substantial hardship financial or otherwise. The requested relief will allow the Applicant to remodel and expand the existing dwelling instead of demolishing and repositioning the structure. 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 dwelling 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 design of the proposed porch and two-story addition (as modified to eliminate the side yard setback nonconformance) is consistent with the character of the neighborhood. The requested front yard setback relief is modest, ranging from approximately 5' to 3' from one side of the addition to the other. 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 1) accept the Applicant's request to withdraw without prejudice the side yard setback Variance and 2) grant the front yard setback Variance from § IV-A of the By-Law approving construction of an addition at 18 Kimball Beach Road, subject to the following condition:

1. The plans submitted in support of a building permit application shall be consistent with the front yard setback shown on the approved plans referenced in this Decision and demonstrate compliance with the 15' side yard set from the east property line as required in § IV-A of the Zoning By-Law.

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,