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TOWN OF HINGHAM
BOARD OF APPEALS
FINDING under M.G.L. Ch. 40A § 6 and VARIANCE
IN THE MATTER OF:
Applicant/ Ann E. Mackey
Property Owner: 135 Hersey Street
Hingham, MA 02043
Premises: 135 Hersey Street
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds
Land Court Certificate of Title No. 82215, Book 411, Page 15
References: "Site Plan to Accompany ZBA Application, 135 Hersey
Street, Hingham MA," prepared by Cavanaro Consulting, 687 Main Street,
Norwell, MA, dated June 17, 2014, Sheet 1 of 1 and elevation plans
entitled, "Proposed Garage, 135 Hersey Street," prepared by John E.
Richardson, Designer/Builder, 10 Ringbolt Road, Hingham, MA, dated
September 19, 2011, Drawings 1-2.
SUMMARY OF PROCEEDINGS:
matter came before the Zoning Board of Appeals on the application of
Ann E. Mackey for a Finding under M.G.L. Chapter 40A Section 6 and a
Variance from § IV-A of the Zoning By-Law and such other relief as
necessary to raze an existing shed located partially within the front
yard setback and to replace it with a new detached garage with storage
space at 135 Hersey Street in Residence District A.
hearing was duly noticed and held on August 13, 2014 at Hingham Town
Hall before a panel consisting of Regular Member Joseph M. Fisher,
Acting-Chairman, and Associate Members David W. Anderson and Robyn S.
Maguire. The Applicant, Ann Mackey, and project engineer, Carmen C.
Hudson, P.E., appeared to present the application.
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 and DISCUSSION:
subject property consists of approximately one acre (45,333 SF)
improved by a single family home and detached accessory structure. The
residence, which was built in the 1860s, is included on the Historic
Asset Inventory; however, the existing shed/garage dates to the 1940s
and was deemed historically insignificant according to the application.
proposed plan calls for replacement of the existing accessory structure
with a new detached garage and storage area. The replacement structure
was located to take advantage of the existing driveway. The proposed
structure would also maintain and extend the nonconforming front yard
setback of approximately 18' where 25' is required in Residence A. The
application notes that the rear of the site is limited by both wetlands
and ledge, such that the garage could not be relocated to conform to the
front setback requirement. Members noted that the presence of ledge was
prevalent in the neighborhood, but wetlands are not common in the area.
The Conservation Commission reviewed the proposed work and issued an
Order of Conditions on July 8, 2014. An existing lawn area (450 SF) will
be replaced with mitigation plantings, which represents a 2:1 ratio of
plantings to building footprint increase.
The Board discussed
whether the requested Finding under M.G.L. Chapter 40A Section 6 would
be necessary. The existing shed/garage will be demolished in its
entirety and the proposed extension will not comply with the
requirements of the By-Law. The Board determined that the appropriate
relief would be a Variance.
The applicant filed written comments from three abutters supporting the proposed project.
FINDINGS AND DECISION:
a motion made by David Anderson and seconded by Robyn Maguire, the
Board voted unanimously to GRANT the requested Variance from § IV-A of
the Zoning By-Law to replace an existing shed located partially within
the front yard setback and to replace it with a new detached garage with
storage space at 135 Hersey Street in Residence District A.
In granting the requested Variance, the Board found that:
Circumstances relating to the presence of wetlands wetland affect the
subject property and not generally the zoning district. These
circumstances limit placement of the garage elsewhere on the Premises.
A literal enforcement of the Zoning By-Law would involve substantial
hardship. Garages are prevalent in the neighborhood and denial of the
requested relief would negatively affect the value and utility of the
3. The requested relief may be granted without
substantial detriment to the public good. The proposed garage is located
a marginally greater distance from the street than the existing
accessory structure. The proposed height and size of the proposed garage
is consistent with other detached accessory structures throughout the
4. The relief may be granted without nullifying or
substantially derogating from the intent or purpose of the Zoning By-Law
as the proposed garage is in keeping with the residential use of the
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
2. Use of the structure shall be limited to a garage and storage. The structure shall not be converted to living space.
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,
Joseph Fisher, Acting Chair
September 16, 2014