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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant and John and Sarah Carolan
Property Owner: 17 Middle Street
Hingham, MA 02043
Premises: 17 Middle Street
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds, Book 35340, Page 139
Plan
References: "Proposed Addition Plan," prepared by Cavanaro
Consulting, 687 Main Street, Norwell, MA, dated February 4, 2014 and
architectural and elevation plans prepared by OMC Architecture, 26
Summer Street, Hingham, MA, dated November 8, 2013, Sheets SP1, Exist,
and a1-a6.
SUMMARY OF PROCEEDINGS:
This matter came before the Zoning Board of Appeals on the application of Brian
John
and Sarah Carolan (the “Applicants”) for front and side yard setback
Variances from §IV-A of the Zoning By-Law and such other relief as
necessary to rebuild and extend the existing nonconforming detached
two-car garage at 17 Middle Street in Residence District A.
A
public hearing was duly noticed and held on March 25, 2014 at Hingham
Town Hall before a panel consisting of Associate Members Mario Romania,
Jr., Acting Chairman, Robyn S. Maguire and David W. Anderson. The
Applicants appeared to present the application.
BACKGROUND and DISCUSSION:
The
subject property is bounded on three sides by public ways - Main Street
to the west, Common Street to the north and Middle Street to the east.
The lot is shaped like a trapezoid and consists of approximately 11,650
SF improved by a pre-existing nonconforming single-family home and
detached garage. The garage is presently located 1' from the side
property line and about 5' from Middle Street.
The requested
relief would allow the Applicants to rebuild and extend their existing
nonconforming detached two-car garage to accommodate their vehicles,
which are presently parked in the driveway that falls largely within the
Middle Street right-of-way. The cars have been targeted by vandals in
the past because of their proximity to the street.
The proposed
construction would extend the side and front yard nonconformities by 10'
and 6' respectively, but to a slightly lesser degree (2' side and 5.2'
front). The application includes a certified plot plan, which shows the
septic location to the north of the existing garage. The Applicant
points to the septic location and three surrounding streets as
circumstances particularly affecting their property and not others in
the district.
The Applicant submitted letters of support from
abutters at 19 Middle Street and 5 Common Street during the hearing. No
one appeared or wrote to the Board in opposition to the application. The
Applicant also noted that the Hingham Historical Commission had
reviewed the plan and issued a Certificate of Appropriateness on January
16, 2013.
FINDINGS AND DECISION:
The Board voted unanimously
to GRANT the requested front and side yard setback Variances to rebuild
and extend the existing nonconforming detached two-car garage at 17
Middle Street. In granting the requested relief, the Board found that:
1.
Circumstances relating to the property's soil conditions, namely the
septic system, and trapezoid-like shape 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 relocate their septic system or existing driveway to Main or Common
Streets, which would present concerns for traffic safety;
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, which allows accessory structures and requires parking
on individual lots not within the right-of-way as presently exists.
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.
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,
_______________________
David W. Anderson
April 9, 2014
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