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TOWN OF HINGHAM

BOARD OF APPEALS

VARIANCE DECISION

IN THE MATTER OF:

Applicant and                    Trevor D. Byrne               

Property Owner:              43 South Pleasant Street

                                                Hingham, MA 02043

Premises:                            41/43 South Pleasant Street

                                                Hingham, MA 02043

Title Reference:               Plymouth County Registry of Deeds, Book 39414, Page 291

Plan References:             Plan entitled, "Plot Plan of Land in Hingham," prepared by J. Webby                                                                        Consulting, LLC, 6 Pine Hill Road, Kingston, MA, dated May 16, 2014 and                                                                             unstamped/undated elevation and floor plans submitted April 25, 2014                                                                     and revised and resubmitted June 2, 2014

SUMMARY OF PROCEEDINGS:

This matter came before the Zoning Board of Appeals on the application of Trevor D. Byrne

for a Variance from §IV-A of the Zoning By-Law and such other relief as necessary to add a second bay with living space above to an attached garage at 41 South pleasant street, resulting in a 10' side yard setback where 20' is required in Residence District C.

A public hearing was duly noticed and held on May 21, 2014 at Hingham Town Hall before a panel consisting of regular members W. Tod McGrath, Chairman, and Joseph M. Fisher and associate member David W. Anderson. The hearing was continued to June 2, 2014. The Applicant, Trevor Byrne, 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 and DISCUSSION:

The subject property consists of approximately 16,560 SF and includes a preexisting nonconforming single-family home with a single car attached garage. The proposed addition includes a second garage bay with a master bedroom above. Its location would take advantage of the existing driveway location. The applicant indicated that alternate plans were considered; however, these were dismissed because they would involve substantial disturbance to the property and relocation of the existing septic system.

During the initial hearing, a direct abutter raised a concern about the potential window placement on the east elevation of the proposed addition. The applicant submitted conceptual elevation plans limiting the window location on the second floor of the proposed addition to maintain privacy for the adjacent homeowner.

FINDINGS AND DECISION:

Upon a motion made by David Anderson, seconded by Joseph Fisher, the Board voted unanimously to GRANT the requested side yard setback Variance to add a second bay with living space above to an attached garage at 41 South Pleasant Street. In granting the requested relief, the Board found that:

1. Circumstances relating to the property's soil conditions, namely the septic system, location of the existing garage and driveway, and the presences of a stone wall and shade trees,  affect the subject property and not generally the zoning district;
2. A literal enforcement of the Zoning By-Law would involve substantial hardship, requiring relocation of the existing septic system;
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 the window placement above the garage has been limited to address an abutter's concerns; and
4. The relief may be granted without nullifying or substantially derogating from the intent or purpose of the Zoning By-Law.

The Variance is granted subject the following condition:

1. The addition shall be constructed in accordance with the plans submitted with the application, and representations made during the public hearing, such that the addition will be located no closer than 12.4' from the easterly side property line.
2. The Applicant shall not install windows on the eastern elevation in an area between 5' to 10' from the front of the structure .

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, Chairman