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Applicant:        Kenneth Scott and Carla Bernandes
Premises:        4 Rosewood Lane           
                         Hingham, MA  02043

Title Reference:    Plymouth County Registry of Deeds, Book 38820, Page 56

Plan Reference:    "Site Plan to Accompany Special Permit," prepared by Cavanaro Consulting, 687 Main Street, Norwell, MA, dated November 15, 2013 and  revised December 12, 2013, Sheet 1

This matter came before the Board of Appeals on the application of Kenneth Scott and Carla Bernandes (“Applicants”)  for a  Special Permit A1 under §III-C of the Zoning By-Law and such other relief as necessary to construct a new pool and patio area, including reconfiguration and replacement of the existing terrace, retaining walls and deck stairs at 4 Rosewood Lane in Residence B and the Floodplain and Watershed Protection District. 

The Zoning Board of Appeals opened the hearing on the Special Permit A1 application on January 15, 2014 in the Hingham Town Hall at 210 Central Street.  The Board of Appeals panel consisted of regular members Joseph Freeman, Chairman, Joseph Fisher and W. Tod McGrath. The Applicant was represented by John C. Cavanaro, P.E. The Applicant, Kenneth Scott, was also in attendance.

The subject property is 30,000 SF in size and located at the end of the Rosewood Lane cul-de-sac. Portions of the Premises are located within FEMA Zone A, including an area presently occupied by an existing single-family dwelling, second story deck, and patio. The Applicant seeks to replace the existing patio, associated retaining walls, and deck stairs. They also propose construction of a new pool to the rear of the dwelling and partially within the floodplain.
The project engineer, John Cavanaro, presented the proposed plan to the Board. He pointed out the designated floodplain, noting that the Flood Insurance Rate Maps do not include a base flood elevation for this zone. Mr. Cavanaro explained that the Conservation Commission issued an Order of Conditions for the proposed work on January 6, 2014. It is a condition of the Commission's approval that no work commence until the applicant provides the Commission with a Letter of Map Amendment (LOMA) from FEMA removing the area of proposed improvements from the 100 year floodplain. If FEMA does not issue a LOMA, the applicants will have to come back before the Commission to amend their NOI. The required LOMA was filed on December 18, 2013 and Mr. Cavanaro suggested that FEMA may look favorably upon the request since an adjacent property had been removed from the floodplain through a similar process.

Mr. Cavanaro explained that even if FEMA determines through the LOMA application process that the area is part of a functioning floodplain, the proposed work would not negatively impact those functions. The footprint of the existing patio will be reduced in size. The proposed pool will not require any filling nor result in an increase in the present grades of the lot.

The Applicant added that there was confusion between his mortgage carrier and insurance company as to whether his property was in fact in a flood zone.

The Chair then opened the hearing for public comment. There was no one in the audience that wished to speak on this application.

The Board then reviewed the required Findings in accordance with Section I-F, 2. as follows:
1.    The use of the site is in harmony with the general purpose and intent of the Zoning By-Law. The current use of the Premises is residential, and the proposed work includes uses accessory to the single-family dwelling, namely a renovated patio and new pool area.
2.    The proposed use complies with the purposes and standards of the relevant sections of the Zoning By-Law. The existing patio will be reduced in size and proposed pool will not change the existing grades of the site. There will be no filling of floodplain.
3.    The site is an appropriate location for the proposed landscaping project and is compatible with the characteristics of the surrounding residential neighborhood.
4.    The use as developed and operated will create positive impacts and potential adverse impacts will be mitigated. The proposed project will move the patio out of the wetland buffer area.
5.    The proposed landscaping project will have no impact on vehicles or pedestrians.
6.     Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed patio and pool.
7.    The project meets accepted design standards and criteria for functional design.


For the reasons set forth hereinabove, the Board voted unanimously to approve the Special Permit A1 to construct a new pool and patio area, including reconfiguration and replacement of the existing terrace, retaining walls and deck stairs at 4 Rosewood Lane in the Floodplain and Watershed Protection District in accordance with Section III-C, 4.e. of the Hingham Zoning By-Law, subject to the following condition:

1.    The proposed work shall be completed in accordance with the above-referenced plans submitted with the application and the representations made during the public hearing.

This Decision shall not become effective until (i) the Town Clerk as 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 Town of Hingham
Board of Appeals,

                        Joseph W. Freeman, Chairman       
                        January 28, 2014