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Board of Appeals
VARIANCE DECISION
IN THE MATTER OF:
Property Owner Judith A. Lynch Agent: Heidi AH Condon, HC Design
and Applicant: 206 Linden Ponds Way 146 Front Street, Suite 211
Hingham, MA
02043 Scituate, MA
02066
Petitioner: Mark Lynch
10 Gilford Road
Hingham, MA
Premises: 10 Elmore Road
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds
Land Court Certificate of Title No. 119820, Book 599, Page 20
Plan References: "Proposed Septic
System, 10 Elmore Road, Hingham, Massachusetts," prepared by McSweeney
Associates, Inc., 150 Union Street, Hingham, MA, dated August 1, 2013
and revised November 5, 2013, and elevation plans entitled, "Proposed
Garage Elevations," prepared by HC Design, 146 Front Street, Suite 211,
Scituate, MA, dated December 3, 2014, Drawing Number A2-1.
SUMMARY OF PROCEEDINGS:
This matter came before the Zoning Board of Appeals on the
application of Mark Lynch (the "Petitioner"), on behalf of Judith A.
Lynch (the "Owner" or "Applicant"), for a Variance from § VI-A of the
Zoning By-Law and such other relief as necessary to raise the height of
and connect an existing nonconforming shed to a reconstructed
nonconforming single family residence within the required 20' side yard
setback at 10 Elmore Road in Residence District C.
A public hearing was duly noticed and held on October 15, 2014 at
Hingham Town Hall. The hearing was continued at the Applicant's request
to December 17, 2014. The Board panel consisted of its regular members
W. Tod McGrath, Chairman, Joseph M. Fisher, and associate member Mario
Romania. During the hearings, the Applicant was represented by the
Petitioner, Mark Lynch, and Agent, Heidi AH Condon, Principal of HC
Design. On December 4, 2014, the Agent submitted a written request to
withdraw a portion of the application related to the proposed
connection between the detached accessory structure and the
single-family residence by way of a covered porch. 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
Zoning By-Law to raise the roof of the pre-existing nonconforming
accessory structure by approximately 4'.
Throughout its deliberations, the Board has been mindful of the
statements of the Applicant, the Petitioner, their Agent, and the
comments of the general public, all as made or received at the public
hearing.
BACKGROUND and DISCUSSION:
The subject property consists of approximately 4,865 SF. The lot is
improved by a single-0family dwelling constructed circa 1925. The
proposed plan submitted in support of the original application called
for reconstruction of the dwelling, including a new connection to a
preexisting nonconforming accessory structure by way of a covered porch
with a second floor deck. This improvement and a proposed dining
alcove on the south side of the house would be located partially within
the side yard setbacks. During the hearing, an abutter and Board
members expressed concern with these incursions. On December 4, 2014,
the Applicant's Agent filed a written request to withdraw that portion
of the application related to the proposed connection between the
detached accessory structure and the single-family residence by way of a
covered porch. A revised plan was also filed that eliminated this
incursion and that of the proposed dining alcove into the side yard
setbacks.
During the continued public hearing on December 19, 2014, the Board
reviewed the request to repair the existing garage and raise its ridge
height from 10'3" to 14'1". The preexisting nonconforming accessory
structure is located approximately 3' from the northerly side property
line. The proposed construction would maintain the structure's existing
footprint and extend the side yard setback nonconformity upwards. The
application notes that nearby wetlands and a high water table limit
construction alternatives.
FINDINGS:
Based upon the information submitted and received at the hearing, and
other information available to the Board, the Board has determined
that:
- There are circumstances relating to soil conditions,
shape or topography especially affecting the land but not affecting
generally the zoning district. The lot is narrow in shape, with
50' of frontage on Elmore. The rear of the property falls within 100'
of a wetland resource and a high water table limits viable use of the
dwelling's basement for storage. These conditions and the location of
the existing structures on the lot, are not generally found in the
zoning district.
- The literal enforcement of the Bylaws would involve substantial hardship financial or otherwise. The
proposed garage renovation will allow the Applicant to use the
structure for storage that is not otherwise provided for on site. A
grant of a Variance in this instance will allow for a reasonable
placement that is consistent with a single family use in the Residence C
Zoning District;
- 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
utility of the structure, as well as its appearance. There will be no
adverse effects on the neighborhood and there will be no harm to the
public good; and
- A variance may be granted without nullifying or substantially derogating from the intent or purposes of the Bylaw. The
proposed incursion renovation will use the existing garage footprint
and will not create newly noncompliant setbacks. The proposed increase
in height is modest and the resulting structure will conform to the
character of the neighborhood. The granting of a dimensional variance
in this instance is consistent with the purposes of the By-Law.
DECISION and CONDITIONS:
Upon a motion made by Joseph M. Fisher and seconded by Mario Romania, Jr., the Board voted unanimously to GRANT
the requested Variance from § IV-A of the Zoning By-Law to repair and
raise the height of an existing detached accessory structure located
within the side yard setback at 10 Elmore Road in Residence District C.
The Variance is granted subject the following condition:
- The construction shall be completed in accordance with the
plans submitted with the application, and representations made
during the public hearing.
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
of title.
For the Zoning Board of Appeals,
________________________________
W. Tod McGrath, Chair
January 13, 2014
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