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TOWN OF HINGHAM

BOARD OF APPEALS

VARIANCE DECISION

IN THE MATTER OF:

Applicant and                    Geoffrey and Eileen Hart

Property Owner:              28 Stanford Drive                                                                                                            

                                             Hingham, MA  02043      

Premises:                            28 Stanford Drive                                                                                                            

                                              Hingham, MA  02043      

Title Reference:               Plymouth County Registry of Deeds, Book 39849, Page 318

Plan References:             "Proposed Pool," prepared by CCR Associates, Inc., 40 Mears Avenue, Quincy, MA, dated May 28, 2014

SUMMARY OF PROCEEDINGS:

This matter came before the Zoning Board of Appeals on the application of Geoffrey P. and Eileen D. Hart for a rear yard setback Variance from §IV-A of the Zoning By-Law and such other relief as necessary to construct an in-ground swimming pool with a 15.2' rear yard setback where 20' is required at 28 Stanford Drive in Residence District B.

A public hearing was duly noticed and held on July 7, 2014 at Hingham Town Hall before a panel consisting of W. Tod McGrath, Chairman, and regular members Joseph M. Fisher and Joseph W. Freeman. The Applicant, Geoffrey Hart, 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 25,820 SF improved by a single family home that sits approximately 65' from Stanford Drive. The existing septic system is located approximately 20' from the north side of the residence. The Applicant described the topography of the lot, which has a significant grade change between the leaching field and the rear yard area.

The proposed project calls for installation of an in-ground pool, 36' in length. The pool would be located 15.2' from the rear property line and 12.5' from the existing residence at its closest point. The Applicant indicated that the irregular shape of the lot and the location of both the existing septic system and residence limit installation of the pool elsewhere on the property. A shift closer to the house would necessitate significant reinforcement of the existing foundation. The pool could likewise not be located further to the north without installation of significant retaining walls due to the leaching field.

FINDINGS AND DECISION:

The Board voted unanimously to GRANT the requested Variance to construct an in-ground swimming pool with a 15.2' rear yard setback where 20' is required at 28 Stanford Drive in Residence District B. In granting the requested relief, the Board found that:

1. Circumstances relating to the property's soil conditions, namely the septic system, related topography, and placement of the existing residence to the rear of the lot affect the subject property and not generally the zoning district;
2. A literal enforcement of the Zoning By-Law would involve substantial hardship, in the form of significant foundation work or retaining walls. There is no other reasonable location for a pool on the property;
3. The requested relief may be granted without substantial detriment to the public good. The addition will not create adverse impacts as the in-ground pool cannot be seen and the surrounding fence is otherwise allowed by-right. The pool will improve the property in a manner consistent with other homes in the neighborhood; 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 conditions:

1. The pool shall be constructed 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, Chairman