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TOWN OF HINGHAM
BOARD OF APPEALS
Applicant and Brian and Elizabeth Koyce
Property Owner: 70 Whitcomb Avenue
Hingham, MA 02043
Premises: 70 Whitcomb Avenue
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds, Land Court Cert. #102192, Doc. #622999
SUMMARY OF PROCEEDINGS:
This
matter came before the Zoning Board of Appeals on the application of
Brian and Elizabeth Koyce (the “Applicants”) for a front yard setback
Variance from §IV-A of the Zoning By-Law and such other relief as
necessary to replace an existing breezeway and garage with a new
mudroom, family room and single-car garage addition resulting in a front
yard setback of approximately 24' from Howland Lane where 35' is
required at 70 Whitcomb Avenue in Residence District B.
A
public hearing was duly noticed and held on November 20, 2013, and
continued to December 5, 2013, at Hingham Town Hall before a panel
consisting of regular members Joseph W. Freeman, Chairman, Joseph M.
Fisher and W. Tod McGrath. The Applicants appeared to present the
application.
BACKGROUND:
The Premises is a corner lot
bounded by Whitcomb Avenue and Howland Lane and consisting of
approximately 13,841 SF. The owners designed the proposed addition using
a 2007 survey done in connection with a septic system installation.
Before beginning the work, their contractor completed a pre-survey
showing the house located approximately 20' closer to Howland Lane than
shown on the 2007 plan. The application suggests that this is the only
feasible location on the property for the proposed mudroom/garage
addition as it utilizes an existing driveway and door into the home.
With
the application the Applicants submitted a "Plot Plan," prepared by
C&G Survey Company, 37 Jackson Road, Scituate, MA, stamped by
Michael P. Clancy, PLS, and dated August 13, 2013. The Board also
received architectural plans entitled, "70 Whitcomb Ave Hingham, MA -
Addition/Renovation," prepared by OCO Architecture:Design, PO Box 709,
Hingham, MA, stamped by Paulette S. O'Connell, RA, dated March 20, 2013,
drawings A000-002, D101, A101, A201, A202, and A301-303. The applicant
also provided copies of the septic design plan, prepared by Philip
Spath, PE, which shows erroneous setback distances Howland Lane, for
background information.
DISCUSSION:
The Applicant presented
the proposed addition to the Board, explaining that the design had been
based on a site plan prepared for installation of a new septic system.
Their contractor pulled a building permit for the addition, but
discovered that it would require relief from front yard setback
requirements after conducting an pre-construction survey. The new survey
revealed that the dwelling was closer to Howland Lane than the earlier
plan demarcated.
The Applicant said that the location of the
addition was chosen to take advantage of the existing home's layout. The
design utilizes an existing entryway to the home and the existing
driveway.
The rear of the property is also encumbered by an
abandoned cesspool and the newer septic system , which prohibits
relocation of the addition to that part of the property.
The
Board questioned the discrepancies between the 2007 and 2013 surveys.
Since the application included a stamped copy of the 2007 survey and an
unstamped copy of the corrected 2013 survey, the Board requested
additional information from the Applicant. The Applicant agreed to a
continuance to December 5 so that he could provide the Board with a
stamped copy of the 2013 site plan, which would include the revised
driveway layout and the front yard setback line from Howland Lane. The
Board received the requested information on December 5, 2013.
FINDINGS AND DECISION:
The
Board voted unanimously to GRANT the requested front yard setback
Variance to construct an addition that would result in a nonconforming
setback of 24' from Howland Lane where 35' is required. In granting the
requested relief, the Board found that:
1. Circumstances
relating to the property's soil conditions, namely the septic system and
an abandoned cesspool that encumber the backyard, 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 redraw plans that had been based on an incorrect
survey or relocate their 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
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, including the "Plot Plan," prepared by
C&G Survey Company, dated August 13, 2013 and architectural plans
entitled, "70 Whitcomb Ave Hingham, MA - Addition/Renovation," prepared
by OCO Architecture:Design, dated March 20, 2013, and the
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,
_______________________
Joseph W. Freeman
December 11, 2013
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