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Board of Appeals
VARIANCE DECISION
IN THE MATTER OF:
Applicant/ Heather and Rick Schuhwerk
Property Owner: 92 Pleasant Street
Hingham, MA 02043
Premises: 92 Pleasant Street
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds, Book 37535, Page 205
Plan References: "Compiled Plan of Land in
Hingham, Massachusetts," prepared by David T. Gilmore, R.L.S., dated
June 9, 2003, and architectural plans entitled, "Proposed Site Layout
Plan (S-1)," "Proposed Floor Plans (A-1)," and "Proposed Exterior
Elevations (A-2)," prepared by Aprea Design, PO Box 680, Hingham, MA,
dated September 22, 2014.
SUMMARY OF PROCEEDINGS:
This matter came before the Zoning Board of Appeals on the
application of Heather and Rick Schuhwerk for a Variance from §IV-A of
the Zoning By-Law and such other relief as necessary to construct an
addition resulting in a 12' side yard setback at 92 Pleasant Street
where 15' is required in Residence A.
A public hearing was duly noticed and held on November 19, 2014 at
Hingham Town Hall before a panel consisting of W. Tod McGrath,
Chairman, Joseph M. Fisher, and Joseph W. Freeman. The Applicant, Rick
Schuhwerk, and project contractor, Bob Shepard, appeared to present the
application.
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 is located at the juncture of Pleasant Street
and Stoddard Road. The existing single family dwelling was constructed
in 1928. The proposed plan calls for an addition, approximately 900 SF
in size, to be constructed to the rear of the existing home. The
proposed addition would extend 3' into the easterly side-yard setback.
The submitted site plan shows an unusually shaped lot with the
layout of Pleasant Street and Stoddard Street jutting into the front of
the property. The Weir River and floodplain limit the rear portion of
the property. The onsite sewage treatment system is also located to the
rear of the house. During the hearing, the Applicant described the
interior layout of the existing residence and proposed addition. He
suggested that denial of the requested relief would require the owners
to redesign the interior floor plans or relocate the septic system.
During the hearing, the applicant submitted a letter of support for
the proposed project from the direct abutter at 86 Pleasant Street. No
one appeared or wrote to the Board in opposition to the application.
FINDINGS AND DECISION:
Based upon the information submitted and received at the hearing,
and other information available to the Board, the Board found:
- Circumstances relating to the property's shape and soil
conditions, namely the septic system, affect the subject property
and not generally the zoning district;
- A literal enforcement of the Zoning By-Law would involve
substantial hardship, requiring the owners to relocate their
septic system or redesign the interior layout of the existing
house;
- The requested relief may be granted without substantial
detriment to the public good. The addition will improve the
property in a manner consistent with other homes in the
neighborhood and as approved by the Historical Commission; and
- The relief may be granted without nullifying or
substantially derogating from the intent or purpose of the Zoning
By-Law. The incursion into the side yard setback is de minimus.
Upon a motion made by Joseph M. Fisher and seconded by Joseph W. Freeman, the Board voted unanimously to GRANT
the requested variance to construct an addition resulting in a 12'
side yard setback at 92 Pleasant Street where 15' is required in
Residence A.
The Variance is granted subject to 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
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