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Board of Appeals



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.

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.


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'.


Based upon the information submitted and received at the hearing, and other information available to the Board, the Board found:

  1. Circumstances, including the existing site improvements, affect the subject property and not generally the zoning district;
  2. 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;
  3. 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
  4. 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:

  1. 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