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Board of Appeals
VARIANCE DECISION
IN THE MATTER OF:
Applicant/ Michael and Jennifer Monteiro
Property Owner: 24 Middle Street
Hingham, MA 02043
Premises: 24 Middle Street
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds, Book 41179, Page 175
Plan References: Architectural Plans
entitled, "Monteiro Garage/Barn," prepared by Sally Weston Associates,
222 North Street, Hingham, MA, dated August 28, 2014 and revised
through September 6, 2014, Drawings P1.1 (Photographs), A1.1-1.2,
A2.1-2.3, A3.1 and SK1.1 and a Site Plan prepared by Sean Papich,
landscape architect, 222 North Street, Hingham, MA, dated October 7,
2014.
SUMMARY OF PROCEEDINGS:
This matter came before the Zoning Board of Appeals on the
application of Michael and Jennifer Monteiro for a Variance from §IV-A
of the Zoning By-Law and such other relief as necessary to relocate and
rebuilt an existing garage/barn resulting in a 5' side yard setback at
24 Middle 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,
Michael Monteiro, and project architect, Sally Weston, 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 Premises consists of approximately 0.54 acres and supports a
single family dwelling, two-car garage, guesthouse and pool. The
proposed plan calls for relocation and reconstruction of the two-car
garage, which is presently located approximately 1.5' from the
northerly side property line. The project architect indicated that the
existing structure is undersized and structurally unstable to move.
Construction of a garage that complies with the 15' setback would
involve substantial groundwork and replacement of stonewalls.
The project architect explained that the proposed relocation of the
structure further from the existing dwelling would improve the safety
of the egress from the site. Presently, the owners are unable to exit
the property without backing vehicles onto Middle Street. The Applicant
indicated that Middle Street is heavily travelled because of its
proximity to Hingham High School. Finally, the proposed plan would
improve the existing side yard setback nonconformity from approximately
1.5' to 5'.
FINDINGS AND DECISION:
Based upon the information submitted and received at the hearing,
and other information available to the Board, the Board found:
- Circumstances, including the existing site improvements,
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 continue to back
onto Middle Street to exit the property, which is a safety
concern;
- 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 as it will
improve the existing nonconforming setback.
Upon a motion made by Joseph W. Freeman and seconded by Joseph M. Fisher, the Board voted unanimously to GRANT
the requested variance to relocate and rebuilt an existing
garage/barn resulting in a 5' side yard setback at 24 Middle 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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